[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Proposed Rules]
[Pages 7025-7028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3085]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1172]
RIN 1625-AA00


Safety Zones; America's Cup World Series, East Passage, 
Narragansett Bay, RI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish two temporary safety 
zones in the navigable waters of the East Passage, Narragansett Bay, 
Rhode Island, during the America's Cup World Series sailing vessel 
racing event. This safety zone is intended to safeguard mariners from 
the hazards associated with high-speed, high-performance sailing 
vessels competing in America's Cup-class races on the waters of the 
East Passage, Narragansett Bay, Rhode Island. Vessels will be 
prohibited from entering into, transiting through, mooring, or 
anchoring within these safety zones during the effective period unless 
authorized by the Captain of the Port (COTP), Southeastern New England.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 10, 2012. Requests for public meetings must be 
received by the Coast Guard on or before March 2, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-1172 using any one of the following methods:
    (1) Federal e-Rulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Edward G. LeBlanc, Waterways Management 
Division at Coast Guard Sector Southeastern New England, telephone 
(401) 435-2351, email [email protected]. If you have questions 
on viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-1172), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2011-1172'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an

[[Page 7026]]

unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-1172'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before March 2, 2012, using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 1231; 46 U.S.C. 
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295, 116 
Stat. 2064; and Department of Homeland Security Delegation No. 0170.1, 
which collectively authorize the Coast Guard to define safety zones.
    This rule is necessary to provide for the safety of life and 
navigation, for both participants and spectators involved with the 
America's Cup World Series in the vicinity of Newport, RI.

Discussion of Proposed Rule

    The state of Rhode Island Economic Development Corporation (RI EDC) 
is sponsoring the America's Cup World Series from June 22 to July 1, 
2012, in the East Passage of Narragansett Bay in the vicinity of 
Newport, RI. The Series is composed of daily racing of high-speed, 
high-performance sailing vessels in the East Passage of Narragansett 
Bay, Rhode Island, adjacent to Newport. These races are part of a 
world-wide series of races designed to identify an international 
challenger to compete for the America's Cup in final event of the 
racing series, scheduled for 2013 in San Francisco, California. The 
racing of these America's Cup-class vessels in Narragansett Bay is 
expected to generate national and international media coverage, and 
attract thousands of spectators on hundreds of recreational vessels and 
numerous excursion vessels.
    The Coast Guard is establishing safety zones in conjunction with 
the America's Cup World Series to ensure the protection of the maritime 
public and event participants from the hazards associated with these 
events. The Coast Guard anticipates some concern by mariners, 
especially commercial vessel operators, that vessel transits through 
the East Passage of Narragansett Bay may be restricted for a portion of 
each day for 10 consecutive days. The East Passage of Narragansett Bay 
is the site of many marine events each year and vessel traffic, 
particularly recreational vessel traffic, frequently transit the Bay 
using the West Passage so as to avoid or minimize any delay. The West 
Passage of Narragansett Bay may also be a viable option for many tug/
barge combinations and smaller commercial vessels.
    Some commercial and/or recreational vessels may require or desire 
to transit the East Passage of Narragansett Bay for a variety of 
reasons, including destination, familiarity with the waterway, tide 
restrictions, etc. Recreational vessels may be able to continue 
transits through the East Passage, even during enforcement of these 
safety zones, as there will be sufficient room for most recreational 
vessels to pass to the west of the safety zones. Also, the Coast Guard 
routinely works with the local marine pilot organization and shipping 
agents to coordinate vessel transits during marine events in the East 
Passage, and will continue to do so for the ACWS to avoid major 
interruptions to shipping schedules.
    The Coast Guard proposes to add two temporary safety zones under 33 
CFR T165.1172.
    One temporary safety zone, labeled safety zone ``North'', will 
extend from Newport Harbor in the vicinity of Fort Adams, across the 
East Passage to west of Rose Island.
    A second temporary safety zone, labeled safety zone ``South'', will 
extend from the vicinity of Castle Hill, across the East Passage and 
northeast to a point west of Goat Island.
    The ACWS will require use of only one safety zone each day, either 
the ``North'' or ``South'' safety zone, depending on wind direction or 
other environmental factors. The actual safety zone to be enforced will 
be announced no later than 10 a.m. each day via Coast Guard broadcast 
notice to mariners and local media. Safety zone enforcement will be 
effective from Friday, June 22, 2012 through Sunday, July 1, 2012, and 
will begin each day at 11 a.m. and continue until the ACWS races are 
completed for the day, but no later than 5 p.m.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget has not reviewed it 
under that Order.
    We expect the economic impact of this proposed rule to be minimal. 
Although this regulation may have some impact on the public, the 
potential impact will be minimized for the following reasons: Vessels 
will only be restricted from the East Passage of Narragansett Bay from 
the designated safety zone for a maximum of six hours per day for a 
maximum of 10 days; there is an alternate route, the West Passage of 
Narragansett Bay, that does not add substantial transit time, is 
already routinely used by mariners, and will not be affected by these 
safety zones; many vessels, especially recreational vessels, may 
transit in all portions of the affected waterway except for those areas 
covered by the proposed safety zones; and vessels may enter or pass 
through

[[Page 7027]]

the affected waterway with the permission of the COTP or the COTP's 
representative.
    Notifications of the ACWS and associated safety zones will be made 
to mariners through the Rhode Island Port Safety Forum, local Notice to 
Mariners, event sponsors, and local media well in advance of the event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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 certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: owners or operators of 
vessels intending to transit, fish, or anchor in the East Passage of 
Narragansett Bay, Rhode Island, during the ACWS races.
    The proposed rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons: vessels 
will only be restricted from the designated safety zone for a maximum 
of six hours per day for a maximum of 10 days; vessels may transit in 
all portions of the affected waterway except for those areas covered by 
the proposed safety zones, and vessels may enter or pass through the 
affected waterway with the permission of the COTP or the COTP's 
representative.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT. The Coast Guard will not retaliate against 
small entities that question or complain about this proposed rule or 
any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 proposed rule would not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272) directs agencies to use voluntary consensus standards in 
their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action appears to be 
one of a category of actions which do not individually or cumulatively 
have a

[[Page 7028]]

significant effect on the human environment.
    A preliminary environmental analysis checklist supporting this 
determination is available in the docket where indicated under 
ADDRESSES. This proposed rule involves the establishment of temporary 
safety zones in conjunction with the America's Cup World Series, a 
high-speed, high-performance sailing vessel racing event. It appears 
that this action will qualify for Coast Guard Categorical Exclusion 
(34)(g), as described in figure 2-1 of the Commandant Instruction.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.

    2. Add a new Sec.  165.T1172 to read as follows:


Sec.  165.T1172  Safety Zones; America's Cup World Series, East 
Passage, Narragansett Bay, RI.

    (a) Location. The following areas are safety zones:
    (1) Safety zone ``North'', an area bounded by the following 
coordinates:
    1. 41-29.806 N, 071-21.504 W
    2. 41-30.049 N, 071-20.908 W
    3. 41-28.883 N, 071-19.952 W
    4. 41-28.615 N, 071-19.952 W
    (2) Safety zone ``South'', an area bounded by the following 
coordinates:
    1. 41-28.432 N, 071-21.628 W
    2. 41-28.898 W, 071-20.892 W
    3. 41-29.992 W, 071-21.013 W
    4. 41-29.287 N, 071-20.406 W
    5. 41-28.894 N, 071-19.958 W
    6. 41-28.085 N, 071-21.211 W
    (b) Enforcement Period. Vessels will be prohibited from entering 
these safety zones during the America's Cup World Series sailing vessel 
racing events between 11 a.m. and 5 p.m. from Friday, June 22, 2012 to 
Sunday, July 1, 2012.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. 
Coast Guard who has been designated by the Captain of the Port, Sector 
Southeastern New England (COTP), to act on his or her behalf. The 
designated representative may be on an official patrol vessel or may be 
on shore and will communicate with vessels via VHF-FM radio or 
loudhailer. In addition, members of the Coast Guard Auxiliary may be 
present to inform vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (3) Patrol Commander. The Coast Guard may patrol each safety zone 
under the direction of a designated Coast Guard Patrol Commander. The 
Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by 
the call sign ``PATCOM.''
    (4) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.23 as well as the following regulations apply to the safety zones 
established in conjunction with the America's Cup World Series, East 
Passage, Narragansett Bay, Newport, RI. These regulations may be 
enforced for the duration of the event.
    (2) No later than 10 a.m. each day of the event, the Coast Guard 
will announce via Safety Marine Information Broadcasts and local media 
which of the safety zones, either ``North'' or ``South'', will be 
enforced for that day's America's Cup World Series races.
    (3) Vessels may not transit through or within the safety zones 
during periods of enforcement without Patrol Commander approval. 
Vessels permitted to transit must operate at a no-wake speed, in a 
manner which will not endanger participants or other crafts in the 
event.
    (4) Spectators or other vessels shall not anchor, block, loiter, or 
impede the movement of event participants or official patrol vessels in 
the safety zones unless authorized by an official patrol vessel.
    (5) The Patrol Commander may control the movement of all vessels in 
the safety zones. When hailed or signaled by an official patrol vessel, 
a vessel shall come to an immediate stop and comply with the lawful 
directions issued. Failure to comply with a lawful direction may result 
in expulsion from the area, citation for failure to comply, or both.
    (6) The Patrol Commander may delay or terminate the ACWS at any 
time to ensure safety. Such action may be justified as a result of 
weather, traffic density, spectator operation or participant behavior.

    Dated: January 28, 2012.
V. B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New 
England.
[FR Doc. 2012-3085 Filed 2-9-12; 8:45 am]
BILLING CODE 9110-04-P