Special Local Regulation; Bonita Tideway, Brigantine, NJ, 18225-18227 [2023-06385]
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18225
Rules and Regulations
Federal Register
Vol. 88, No. 59
Tuesday, March 28, 2023
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2023–0040]
RIN 1625–AA08
Special Local Regulation; Bonita
Tideway, Brigantine, NJ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for the navigable waters of
the Bonita Tideway near Brigantine, NJ.
This action is needed to provide for the
safety of life on these navigable waters
during a rowing regatta on April 1,
2023, and April 2, 2023. This rule
prohibits persons and vessels from
being in the regulated area during the
enforcement period unless authorized
entry by the Captain of the Port (COTP),
Delaware Bay, or a designated
representative.
SUMMARY:
This rule is effective from 4 p.m.
on April 1, 2023, through 12:30 p.m. on
April 2, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0040 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions on this rule, call or
email MST1 Dylan Caikowski,
Waterways Management Division,
Sector Delaware Bay, U.S. Coast Guard;
telephone (215) 271–4814, email
SecDelBayWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with RULES1
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR
Code of Federal Regulations
VerDate Sep<11>2014
16:02 Mar 27, 2023
Jkt 259001
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On December 19, 2022, Stockton
University notified the Coast Guard that
it will be hosting a collegiate rowing
regatta amongst six universities on April
1, 2023, and April 2, 2023. The rowing
regatta will be held in Bonita Tideway
in Brigantine, NJ, between 34th Street
and Brigantine Boulevard and the
Brigantine Yacht Club. In response, on
January 27, 2023, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled Special Local
Regulation; Bonita Tideway, Brigantine,
NJ (88 FR 5289). There, we stated why
we issued the NPRM, and invited
comments on our proposed regulatory
action related to this rowing regatta. We
received no comments during the
comment period, which ended February
27, 2023.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because the special local regulation
needs to be in effect by April 1, 2023 to
ensure the safety of participants and
waterway users before, during, and after
the scheduled rowing regatta.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
COTP has determined that the rowing
regatta could pose a risk to participants
or waterway users if normal vessel
traffic were to interfere with the event.
Possible hazards include risks of
participant injury or death from near or
actual collisions with non-participant
vessels traversing through the regulated
area.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
January 27, 2023. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a special local
regulation from 4 p.m. on April 1, 2023,
until 12:30 p.m. on April 2, 2023. The
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special local regulation will be enforced
from 4 p.m. to 6:30 p.m. on April 1,
2023, and from 8:30 a.m. to 12:30 p.m.
on April 2, 2023. The regulated area
covers all navigable waters of Bonita
Tideway in Brigantine, NJ, within a
polygon bounded by the following:
originating on the northern portion at
approximate position latitude 39°24′33″
N., longitude 074°22′28″ W.; thence
southwest across the Bonita Tideway to
the shoreline to latitude 39°24′22″ N.,
longitude 074°22′49″ W.; thence
southwest along the shoreline to
latititude 39°23′49″ N., longitude
074°23′33″ W.; thence across the Bonita
Tideway to the shoreline at latitude
39°23′43″ N., longitude 074°23′33″W.;
thence north along the shoreline to the
point of origin. The duration of the zone
is intended to ensure the safety of
participants and waterway users before,
during, and after the scheduled rowing
regatta. No vessel or person will be
permitted to enter the regulated area
without obtaining permission from the
COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size and duration of the
regulated area, which would impact a
small designated area of the Bonita
Tideway. Vessels will be able to transit
the regulated area during the
enforcement period as directed by the
Event Patrol Commander (PATCOM) or
official patrol vessel.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
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18226
Federal Register / Vol. 88, No. 59 / Tuesday, March 28, 2023 / Rules and Regulations
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received 0 comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
lotter on DSK11XQN23PROD with RULES1
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
VerDate Sep<11>2014
16:02 Mar 27, 2023
Jkt 259001
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
special local regulation lasting only 7
hours over 2 days that will prohibit or
restrict entry within the regulated area
during a rowing regatta. It is
categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
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message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T599–0040 to read as
follows:
■
§ 100.T599–0040 Special Local Regulation;
Bonita Tideway, Brigantine, NJ.
(a) Regulated area. All navigable
waters of the Bonita Tideway in
Brigantine, NJ, within the polygon
bounded by the following: originating
on the northern portion at approximate
position latitude 39°24′33″ N, longitude
074°22′28″ W; thence southwest across
the Bonita Tideway to the shoreline to
latitude 39°24′22″ N, longitude
074°22′49″ W; thence southwest along
the shoreline to latititude 39°23′49″ N,
longitude 074°23′33″ W; thence across
the Bonita Tideway to the shoreline at
latitude 39°23′43″ N, longitude
074°23′33″ W; thence north along the
shoreline to the point of origin.
(b) Definitions. The following
definitions apply to this section:
Captain of the Port Representative or
COTP Representative means a
commissioned, warrant, or petty officer
of the Coast Guard designated by name
by the Captain of the Port to verify an
event’s compliance with the conditions
of its approved permit.
Event Patrol Commander or Event
PATCOM means any vessel assigned or
approved by the respective Captain of
the Port with a commissioned, warrant,
or petty officer on board and displaying
a Coast Guard ensign, or any state or
local law enforcement vessel approved
by the Captain of the Port in accordance
with current local agreements.
Non-participant means a person or a
vessel not registered with the event
sponsor either as a participant or an
official patrol vessel.
Official patrol vessel or official patrol
means any vessel assigned or approved
by the respective Captain of the Port
with a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign, or any state or local law
enforcement vessel approved by the
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Federal Register / Vol. 88, No. 59 / Tuesday, March 28, 2023 / Rules and Regulations
Captain of the Port in accordance with
current local agreements.
Participant means any person or
vessel registered with the event sponsor
as participating in the event or
otherwise designated by the event
sponsor as having a function tied to the
event.
(c) Patrol of the marine event. The
COTP may assign one or more official
patrol vessels, as described in § 100.40,
to the regulated event. The Event
PATCOM will be designated to oversee
the patrol. The patrol vessel and the
Event PATCOM may be contacted on
VHF–FM Channel 16. The Event
PATCOM may terminate the event, or
the operation of any vessel participating
in the marine event, at any time if
deemed necessary for the protection of
life or property.
(d) Special local regulations. (1)
Controls on vessel movement. The
Event PATCOM or official patrol vessel
may forbid and control the movement of
all persons and vessels in the regulated
area(s). When hailed or signaled by an
official patrol vessel, the person or
vessel being hailed must immediately
comply with all directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(2) Directions, instructions, and
minimum speed necessary.
(i) The operator of a vessel in the
regulated area must stop the vessel
immediately when directed to do so by
an official patrol vessel and then
proceed only as directed.
(ii) A person or vessel must comply
with all instructions of the Event
PATCOM or official patrol vessel.
(iii) A non-participant must contact
the Event PATCOM or an official patrol
vessel to request permission to either
enter or pass through the regulated area.
If permission is granted, the nonparticipant may enter or pass directly
through the regulated area as instructed
by the Event PATCOM or official patrol
vessel at a minimum speed necessary to
maintain a safe course that minimizes
wake and without loitering.
(3) Postponement or cancellation. The
COTP, or Event PATCOM may postpone
or cancel a marine event at any time if,
in the COTP’s sole discretion, the COTP
determines that cancellation is
necessary for the protection of life or
property.
(e) Enforcement periods. This section
is subject to enforcement from 4 p.m. to
6:30 p.m. on April 1, 2023, and from
8:30 a.m. to 12:30 p.m. on April 2, 2023.
VerDate Sep<11>2014
16:02 Mar 27, 2023
Jkt 259001
Dated: March 21, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2023–06385 Filed 3–27–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Part 208
[CIS No. 2720–22; DHS Docket No. USCIS–
2023–0003]
RIN 1615–AC84
DEPARTMENT OF JUSTICE
Executive Office for Immigration
Review
8 CFR Parts 1003 and 1240
[EOIR No. 23–0010; AG Order No. 5632–
2023]
RIN 1125–AB29
Implementation of the 2022 Additional
Protocol to the 2002 U.S.-Canada
Agreement for Cooperation in the
Examination of Refugee Status Claims
From Nationals of Third Countries
U.S. Citizenship and
Immigration Services, Department of
Homeland Security; Executive Office for
Immigration Review, Department of
Justice.
ACTION: Final rule.
AGENCY:
This rule amends existing
Department of Homeland Security
(‘‘DHS’’) and Department of Justice
(‘‘DOJ’’) (collectively, ‘‘the
Departments’’) regulations to implement
the Additional Protocol to the
Agreement between The Government of
the United States of America and The
Government of Canada For Cooperation
in the Examination of Refugee Status
Claims From Nationals of Third
Countries (‘‘Additional Protocol of
2022’’) negotiated by the Governments
of the United States and Canada and
signed in Ottawa, Ontario, Canada, on
March 29, 2022, and in Washington, DC,
United States, on April 15, 2022,
respectively. The Additional Protocol of
2022 supplements certain terms of the
December 5, 2002, Agreement between
The Government of the United States
and The Government of Canada For
Cooperation in the Examination of
Refugee Status Claims from Nationals of
Third Countries (‘‘Safe Third Country
Agreement,’’ ‘‘STCA,’’ or ‘‘Agreement’’).
Pursuant to the STCA, the respective
governments manage which government
SUMMARY:
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18227
decides certain individuals’ requests for
asylum or other protection relating to
fear of persecution or torture (referred to
as a ‘‘refugee status claim’’ in the STCA
and the Additional Protocol of 2022)
pursuant to its laws, regulations, and
policies implementing its international
treaty obligations relating to nonrefoulement. Under the STCA, only
those individuals who cross the U.S.Canada land border at a port of entry
(‘‘POE’’), or in transit while being
removed or deported to a third country
from the ‘‘country of last presence,’’ are
subject to the terms of the STCA. Once
the Additional Protocol of 2022 is
implemented, the STCA also will apply
to individuals who cross the U.S.Canada land border between POEs,
including certain bodies of water, and
who make an asylum or other protection
claim relating to a fear of persecution or
torture within 14 days after such
crossing. The Additional Protocol of
2022 will enter into force once the
United States and Canada have officially
notified each other that they have
completed the necessary domestic
procedures for bringing the Additional
Protocol of 2022 into force. The
Departments intend this official
notification to coincide with the
effective date of this final rule at 12:01
a.m. on Saturday, March 25, 2023.
DATES: This final rule is effective at
12:01 a.m. on Saturday, March 25, 2023.
FOR FURTHER INFORMATION CONTACT:
For U.S. Citizenship and Immigration
Services: Rena´ Cutlip-Mason, Chief,
Division of Humanitarian Affairs, Office
of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department
of Homeland Security, 5900 Capital
Gateway Drive, Camp Springs, MD
20588–0009; telephone (240) 721–3000
(not a toll-free call).
For Executive Office of Immigration
Review: Lauren Alder Reid, Assistant
Director, Office of Policy, Executive
Office for Immigration Review,
Department of Justice, 5107 Leesburg
Pike, Suite 1800, Falls Church, VA
22041; telephone (703) 305–0289 (not a
toll-free call).
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
A. Purpose of the Regulatory Action
B. Summary of Legal Authority
C. Summary of the Final Rule Provisions
II. Background
A. DOJ and DHS Legal Authority
B. Overview of the Safe Third Country
Agreement in the Context of Asylum,
Expedited Removal Proceedings, and
Removal Proceedings
1. Asylum
2. Expedited Removal Proceedings and
Removal Proceedings
E:\FR\FM\28MRR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Rules and Regulations]
[Pages 18225-18227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06385]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 88, No. 59 / Tuesday, March 28, 2023 / Rules
and Regulations
[[Page 18225]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0040]
RIN 1625-AA08
Special Local Regulation; Bonita Tideway, Brigantine, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for the navigable waters of the Bonita Tideway near
Brigantine, NJ. This action is needed to provide for the safety of life
on these navigable waters during a rowing regatta on April 1, 2023, and
April 2, 2023. This rule prohibits persons and vessels from being in
the regulated area during the enforcement period unless authorized
entry by the Captain of the Port (COTP), Delaware Bay, or a designated
representative.
DATES: This rule is effective from 4 p.m. on April 1, 2023, through
12:30 p.m. on April 2, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0040 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Dylan Caikowski, Waterways Management Division,
Sector Delaware Bay, U.S. Coast Guard; telephone (215) 271-4814, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On December 19, 2022, Stockton University notified the Coast Guard
that it will be hosting a collegiate rowing regatta amongst six
universities on April 1, 2023, and April 2, 2023. The rowing regatta
will be held in Bonita Tideway in Brigantine, NJ, between 34th Street
and Brigantine Boulevard and the Brigantine Yacht Club. In response, on
January 27, 2023, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Special Local Regulation; Bonita Tideway,
Brigantine, NJ (88 FR 5289). There, we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to this
rowing regatta. We received no comments during the comment period,
which ended February 27, 2023.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because the special local regulation
needs to be in effect by April 1, 2023 to ensure the safety of
participants and waterway users before, during, and after the scheduled
rowing regatta.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The COTP has determined that the rowing regatta could pose a
risk to participants or waterway users if normal vessel traffic were to
interfere with the event. Possible hazards include risks of participant
injury or death from near or actual collisions with non-participant
vessels traversing through the regulated area.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
January 27, 2023. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a special local regulation from 4 p.m. on
April 1, 2023, until 12:30 p.m. on April 2, 2023. The special local
regulation will be enforced from 4 p.m. to 6:30 p.m. on April 1, 2023,
and from 8:30 a.m. to 12:30 p.m. on April 2, 2023. The regulated area
covers all navigable waters of Bonita Tideway in Brigantine, NJ, within
a polygon bounded by the following: originating on the northern portion
at approximate position latitude 39[deg]24'33'' N., longitude
074[deg]22'28'' W.; thence southwest across the Bonita Tideway to the
shoreline to latitude 39[deg]24'22'' N., longitude 074[deg]22'49'' W.;
thence southwest along the shoreline to latititude 39[deg]23'49'' N.,
longitude 074[deg]23'33'' W.; thence across the Bonita Tideway to the
shoreline at latitude 39[deg]23'43'' N., longitude 074[deg]23'33''W.;
thence north along the shoreline to the point of origin. The duration
of the zone is intended to ensure the safety of participants and
waterway users before, during, and after the scheduled rowing regatta.
No vessel or person will be permitted to enter the regulated area
without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size and
duration of the regulated area, which would impact a small designated
area of the Bonita Tideway. Vessels will be able to transit the
regulated area during the enforcement period as directed by the Event
Patrol Commander (PATCOM) or official patrol vessel.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended,
[[Page 18226]]
requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received 0 comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
special local regulation lasting only 7 hours over 2 days that will
prohibit or restrict entry within the regulated area during a rowing
regatta. It is categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T599-0040 to read as follows:
Sec. 100.T599-0040 Special Local Regulation; Bonita Tideway,
Brigantine, NJ.
(a) Regulated area. All navigable waters of the Bonita Tideway in
Brigantine, NJ, within the polygon bounded by the following:
originating on the northern portion at approximate position latitude
39[deg]24'33'' N, longitude 074[deg]22'28'' W; thence southwest across
the Bonita Tideway to the shoreline to latitude 39[deg]24'22'' N,
longitude 074[deg]22'49'' W; thence southwest along the shoreline to
latititude 39[deg]23'49'' N, longitude 074[deg]23'33'' W; thence across
the Bonita Tideway to the shoreline at latitude 39[deg]23'43'' N,
longitude 074[deg]23'33'' W; thence north along the shoreline to the
point of origin.
(b) Definitions. The following definitions apply to this section:
Captain of the Port Representative or COTP Representative means a
commissioned, warrant, or petty officer of the Coast Guard designated
by name by the Captain of the Port to verify an event's compliance with
the conditions of its approved permit.
Event Patrol Commander or Event PATCOM means any vessel assigned or
approved by the respective Captain of the Port with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign,
or any state or local law enforcement vessel approved by the Captain of
the Port in accordance with current local agreements.
Non-participant means a person or a vessel not registered with the
event sponsor either as a participant or an official patrol vessel.
Official patrol vessel or official patrol means any vessel assigned
or approved by the respective Captain of the Port with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign,
or any state or local law enforcement vessel approved by the
[[Page 18227]]
Captain of the Port in accordance with current local agreements.
Participant means any person or vessel registered with the event
sponsor as participating in the event or otherwise designated by the
event sponsor as having a function tied to the event.
(c) Patrol of the marine event. The COTP may assign one or more
official patrol vessels, as described in Sec. 100.40, to the regulated
event. The Event PATCOM will be designated to oversee the patrol. The
patrol vessel and the Event PATCOM may be contacted on VHF-FM Channel
16. The Event PATCOM may terminate the event, or the operation of any
vessel participating in the marine event, at any time if deemed
necessary for the protection of life or property.
(d) Special local regulations. (1) Controls on vessel movement. The
Event PATCOM or official patrol vessel may forbid and control the
movement of all persons and vessels in the regulated area(s). When
hailed or signaled by an official patrol vessel, the person or vessel
being hailed must immediately comply with all directions given. Failure
to do so may result in expulsion from the area, citation for failure to
comply, or both.
(2) Directions, instructions, and minimum speed necessary.
(i) The operator of a vessel in the regulated area must stop the
vessel immediately when directed to do so by an official patrol vessel
and then proceed only as directed.
(ii) A person or vessel must comply with all instructions of the
Event PATCOM or official patrol vessel.
(iii) A non-participant must contact the Event PATCOM or an
official patrol vessel to request permission to either enter or pass
through the regulated area. If permission is granted, the non-
participant may enter or pass directly through the regulated area as
instructed by the Event PATCOM or official patrol vessel at a minimum
speed necessary to maintain a safe course that minimizes wake and
without loitering.
(3) Postponement or cancellation. The COTP, or Event PATCOM may
postpone or cancel a marine event at any time if, in the COTP's sole
discretion, the COTP determines that cancellation is necessary for the
protection of life or property.
(e) Enforcement periods. This section is subject to enforcement
from 4 p.m. to 6:30 p.m. on April 1, 2023, and from 8:30 a.m. to 12:30
p.m. on April 2, 2023.
Dated: March 21, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2023-06385 Filed 3-27-23; 8:45 am]
BILLING CODE 9110-04-P
