[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28253-28255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11557]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones in 
the navigable waters of the East Passage, Narragansett Bay, Rhode 
Island, during the America's Cup World Series (ACWS) sailing vessel 
racing event.

DATES: This rule is effective June 13, 2012 until 5:00 p.m. on July 1, 
2012.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-1172 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-1172 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the 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, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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: 

Regulatory Information

    On February 10, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zones; America's Cup World Series, East 
Passage, Narragansett Bay, RI'' in the Federal Register (77 FR 7025). 
We received one comment on the proposed rule.

Basis and Purpose

    The legal basis for this rule is 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; 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 Comments and Changes

    One comment was received, supporting this rule. The commenter 
believed the safety zones established by this rule will improve 
navigation safety for all mariners and facilitate a safe America's Cup 
World Series event. No changes were made to the language contained in 
the NPRM.

Regulatory Analyses

    We developed this 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 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 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 by 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

[[Page 28254]]

portions of the affected waterway except for those areas covered by the 
safety zones; and vessels may enter or pass through the affected 
waterway with the permission of the Captain of the Port (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 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 rule 
would not have a significant economic impact on a substantial number of 
small entities. This rule may 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 rule will 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 safety zones, and vessels may enter or pass through the affected 
waterway with the permission of the COTP or the COTP's representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding this rule so that they can 
better evaluate its effects on them and participate in the rulemaking 
process.
    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.

Collection of Information

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

Taking of Private Property

    This 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 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 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 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 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. Any 
comments made in response to the previously published Notice of 
Proposed Rulemaking for this

[[Page 28255]]

action were also considered in arriving at this conclusion. This rule 
is categorically excluded, under figure 2-1, paragraphs (34)(g) and 
(34)(h) of the Instruction since it involves establishment of safety 
zones for marine related events. An environmental analysis checklist 
and a categorical exclusion determination are available in the docket 
where indicated under ADDRESSES.

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 amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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.


0
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, Rhode Island.

    (a) Location. The following areas are safety zones:
    (1) Safety zone ``North'', an area bounded by the following 
coordinates:
    (i) 41-29.806N, 071-21.504W
    (ii) 41-30.049N, 071-20.908W
    (iii) 41-28.883N, 071-19.952W
    (iv) 41-28.615N, 071-19.952W
    (2) Safety zone ``South'', an area bounded by the following 
coordinates:
    (i) 41-28.432N, 071-21.628W
    (ii) 41-28.898W, 071-20.892W
    (iii) 41-29.992W, 071-21.013W
    (iv) 41-29.287N, 071-20.406W
    (v) 41-28.894N, 071-19.958W
    (vi) 41-28.085N, 071-21.211W
    (b) Enforcement Period. Vessels will be prohibited from entering 
these safety zones during the America's Cup World Series (ACWS) sailing 
vessel racing events between 11 a.m. and 5 p.m. each day 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: May 2, 2012.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New 
England.
[FR Doc. 2012-11557 Filed 5-11-12; 8:45 am]
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