Special Local Regulation; Atlantic Ocean, Atlantic City, NJ, 22205-22207 [2025-09435]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 90, Number 100 (Tuesday, May 27, 2025)]
[Rules and Regulations]
[Pages 22205-22207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09435]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2025-0325]
RIN 1625-AA08


Special Local Regulation; Atlantic Ocean, Atlantic City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for the navigable waters of the Atlantic Ocean, near 
Atlantic City, NJ. This action is needed to provide for the safety of 
life on these navigable waters during an offshore boat race on June 8, 
2025. This rule prohibits persons and vessels from being in the 
regulated area during the enforcement periods unless authorized entry 
by the Captain of the Port, Sector Delaware Bay, or a designated 
representative.

DATES: This rule is effective from 10 a.m. until 6 p.m. on June 8, 
2025.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0325 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 about this rule, 
call or email MST1 Dylan Caikowski, Waterways Management Division, 
Sector Delaware Bay, U.S. Coast Guard; telephone (206) 815-6688, option 
3; email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port, Sector Delaware Bay
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The sponsor of an organized water event which is conducted 
according to a prearranged schedule and which, by its nature, 
circumstances or location, will introduce extra or unusual hazards to 
the safety of life on the navigable waters of the United States must 
submit an application for a permit to the Coast Guard. 33 CFR 100.15. A 
Captain of the Port, after approving plans for the holding of such a 
marine event within his or her district or zone, is authorized to 
promulgate such special local regulations as he or she deems necessary 
to ensure the safety of life on the navigable waters immediately prior 
to, during and immediately after the approved event. 33 CFR 100.35.
    The Captain of the Port, Sector Delaware Bay (COTP) has received an 
application under 33 CFR 100.15 for a permit to host an offshore boat 
race on June 8, 2025. The event will have 40 participating vessels and 
approximately 25 spectating vessels.
    The Coast Guard is issuing this temporary rule under the authority 
in 5 U.S.C. 553(b)(B). This statutory provision authorizes an agency to 
issue a rule without prior notice and opportunity to comment when the 
agency for good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule because it is impracticable 
to do so. There is insufficient time to notice the rule, allow for a 
reasonable comment period, and publish a rule, given that the rule must 
be in force by June 8, 2025, to serve its purpose. In addition, and on 
the basis of impracticability for lack of time as well, the Coast Guard 
finds that good cause exists under 5 U.S.C. 553(d)(3) for making this 
rule effective less than 30 days after publication in the Federal 
Register.

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 offshore boat race could pose a 
risk to participants or waterway users if normal vessel traffic were 
allowed to interfere with the event. Possible hazards include risks of 
participant injury or death from

[[Page 22206]]

near or actual collisions with non-participant vessels traversing 
through the regulated area.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 10 a.m. until 
6 p.m. on June 8, 2025, to protect non-participants and participants in 
an offshore boat race. The regulated area covers all navigable waters 
of Atlantic Ocean near Atlantic City, NJ, within a polygon bounded by 
the following: originating on the shore line at approximate position 
latitude 39[deg]21'51'' N longitude 074[deg]24'26'' W; thence southeast 
to approximate position 39[deg]20'43'' N longitude 074[deg]24'04'' W; 
thence southwest to approximate position to latitude 39[deg]20'03'' N, 
longitude 074[deg]26'29'' W; thence northwest to the shoreline at 
approximate position latitude 39[deg]20'49'' N, longitude 
074[deg]27'05'' W; thence northeast along the shoreline to the point of 
origin.
    Inside of the regulated area detailed above there is a spectator 
area reserved for non-participant vessels to watch the event. The 
spectator area is within a polygon bounded by the following: beginning 
at approximate position latitude 39[deg]20'45'' N, longitude 
074[deg]25'33'' W; thence northeast to approximate position latitude 
39[deg]21'00'' N, longitude 074[deg]24'44'' W; thence southeast to 
approximate position latitude 39[deg]20'50'' N, longitude 
074[deg]24'39'' W; thence southwest to approximate position latitude 
39[deg]20'35'' N, longitude 074[deg]25'28'' W; thence northwest to the 
point of origin.
    The duration of the zone is intended to ensure the safety of 
participants and other waterway users before, during, and after the 
scheduled offshore boat race. 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.

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 section 3(f) of 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 Atlantic Ocean. Vessels will be able to safely transit 
around the regulated area during the enforcement period. The Coast 
Guard will provide advance notification of the special local regulation 
to the local maritime community by Local Notice to Mariners and 
Broadcast Notice to Mariners.

B. Impact on Small Entities

    The regulatory flexibility analysis provisions of the Regulatory 
Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, do not apply 
this rule. They do not apply because this rule fits a 5 U.S.C. 
553(b)(B) good-cause exception for notice-and-comment rulemaking. 
Therefore, we were not required to publish a notice of proposed 
rulemaking.
    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 approximately 8 hours that will 
prohibit or restrict vessels entry within the regulated area during an 
offshore boat race. 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.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.


[[Page 22207]]


    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.T599-0325 to read as follows:


Sec.  100.T599-0325  Special Local Regulation; Atlantic Ocean, Atlantic 
City, NJ.

    (a) Regulated area. All navigable waters of Atlantic Ocean near 
Atlantic City, NJ, within a polygon bounded by the following: 
originating on the shore line at approximate position latitude 
39[deg]21'51'' N longitude 074[deg]24'26'' W; thence southeast to 
approximate position 39[deg]20'43'' N longitude 074[deg]24'04'' W; 
thence southwest to approximate position to latitude 39[deg]20'03'' N, 
longitude 074[deg]26'29'' W; thence northwest to the shoreline at 
approximate position latitude 39[deg]20'49'' N, longitude 
074[deg]27'05'' W; thence northeast along the shoreline to the point of 
origin. These coordinates are based on World Geodetic System (WGS 84).
    (1) Spectator area. All navigable waters of Atlantic Ocean near 
Atlantic City, NJ, within a polygon inside the regulated area bounded 
by the following: beginning at approximate position latitude 
39[deg]20'45'' N, longitude 074[deg]25'33'' W; thence northeast to 
approximate position latitude 39[deg]21'00'' N, longitude 
074[deg]24'44'' W; thence southeast to approximate position latitude 
39[deg]20'50'' N, longitude 074[deg]24'39'' W; thence southwest to 
approximate position latitude 39[deg]20'35'' N, longitude 
074[deg]25'28'' W; thence northwest to the point of origin. These 
coordinates are based on World Geodetic System (WGS 84).
    (b) Definitions. As used in 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 a commissioned, 
warrant, or petty officer of the Coast Guard who has been designated by 
the respective Coast Guard Sector--Captain of the Port to enforce the 
regulations in paragraph (d) of this section.
    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 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.
    Spectator area means an area bound by coordinates provided in 
latitude and longitude within the regulated area that outlines the 
boundary of an area reserved for non-participant vessels watching 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) 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 vessel operator may request permission to enter and transit 
through a regulated area by contacting the Event PATCOM or official 
patrol vessel on VHF-FM channel 16. When authorized to transit through 
the regulated area, the vessel must proceed at the minimum speed 
necessary to maintain a safe course that minimizes wake near the event 
area.
    (3) Spectator area. Non-participants are only allowed inside the 
regulated area if they remain within a designated spectator area or 
have authorization from the Event PATCOM or official patrol vessel to 
transit through the area. A non-participant vessel must be stationary 
or operate at a safe speed while within the designated spectator area. 
On scene official patrol vessels or the Event PATCOM will direct non-
participant vessels to the spectator area. A non-participant must 
contact the Event PATCOM or official patrol vessel to request 
permission to pass through the regulated area. If permission is 
granted, the non-participant must pass directly through the regulated 
area at minimum speed necessary to maintain a safe course that 
minimizes wake and without loitering.
    (4) Regulated area. Non-participants are only allowed inside the 
regulated area to pass through or enter and remain within a designated 
spectator area. A non-participant must contact the Event PATCOM or an 
official patrol vessel to request permission to either enter the 
spectator area or pass through the regulated area. If permission is 
granted, the non-participant may enter the spectator area or pass 
directly through the regulated area as instructed by the Event PATCOM 
or official patrol vessel at minimum speed necessary to maintain a safe 
course that minimizes wake and without loitering.
    (5) 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 period. This section is subject to enforcement from 
10 a.m. to 6 p.m. on June 8, 2025.

    Dated: May 14, 2025.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2025-09435 Filed 5-23-25; 8:45 am]
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