[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Rules and Regulations]
[Pages 39395-39398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16307]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0073]
RIN 1625-AA08


Special Local Regulations; Ocean State Tall Ships Festival 2012, 
Narragansett Bay, RI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations on the navigable waters of Narragansett Bay and Newport 
Harbor, Rhode Island, for the Ocean State Tall Ships Festival 2012.

DATES: This rule is effective from July 6, 2012 until July 10, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0073. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

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: 

Table of Acronyms

COTP Captain Of The Port
DHS Department of Homeland Security
FR Federal Register
LLNR Light List Number
NEPA National Environmental Policy Act
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On March 23, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulations: Ocean State Tall Ships 
Festival 2012, Narragansett Bay, RI'' in the Federal Register (77 FR 
16974). We received no comments on the proposed rule.
    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. The Ocean State Tall Ships 
Festival 2012 begins on July 6, 2012. Delaying the effective date of 
this rule beyond July 6, 2012, would be contrary to the public interest 
in seeing the festival conducted according to schedule, and would make 
it more difficult for the Coast Guard to ensure the safety of vessels 
and spectators from hazards associated with this event.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1233, which authorizes 
the Coast Guard to define Special Local Regulations.
    These temporary special local regulations are necessary to ensure 
the safety of vessels and spectators from

[[Page 39396]]

hazards associated with the Ocean State Tall Ships Festival 2012.

C. Discussion of Comments, Changes and the Final Rule

    No comments were received, and no changes were made to the language 
contained in the NPRM.

D. 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.

1. Regulatory Planning and Review

    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 
Executive Order 12866 or under section 1 of Executive Order 13563. The 
Office of Management and Budget has not reviewed it under that Order.
    We expect the economic impact of this rule to be minimal. These 
regulations involve only the southern portion of Narragansett Bay and 
will close the East Passage to commercial traffic only for several 
hours during the actual Parade of Sail on July 9, 2012. The West 
Passage will remain open to vessel traffic at all times. The impact of 
these regulations will not be significant because the majority of these 
regulations will be in effect for only a portion of one day centered on 
the Parade of Sail, and most vessel traffic can pass safely around 
affected areas of the East Passage by transiting through the West 
Passage, Narragansett Bay.
    Notice of these special local regulations will be provided prior to 
the event through the Local Notice to Mariners and Broadcast Notice to 
Mariners. In addition, the sponsoring organization, Ocean State Tall 
Ships, Inc., will publish information of the event in local newspapers, 
pamphlets, internet sites, television and radio broadcasts.
    Mariners will be able to adjust their plans accordingly based on 
the extensive advance information.
    Moreover, the Areas created by these special local regulations have 
been narrowly tailored to impose the least impact on maritime interests 
yet provide the level of safety and protection deemed necessary.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612), as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
received no comments from the Small Business Administration on this 
rule. 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.
    This rule may affect the following entities, some of which might be 
small entities: The owners or operators of vessels intending to transit 
or anchor in a portion of Narragansett Bay between July 6 and July 9, 
2012, particularly during the Parade of Sail on July 9, 2012, when the 
navigation channel in the East Passage, Narragansett Bay, will be 
closed for a period of time to all traffic except vessels participating 
in the Parade of Sail.
    These regulations will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
regulations affecting navigation in the East Passage, Narragansett Bay, 
will be in effect temporarily, and only for those periods of time 
necessary for the safety of the Ocean State Tall Ships Festival 2012 
participants and spectators in boats viewing the Parade of Sail from 
waters adjacent to the parade route. The East Passage will remain open 
to all vessel traffic for the entire Festival from July 6-8, 2012, and 
will only be closed to vessel traffic for several hours during the 
Parade of Sail on July 9, 2012. While the East Passage is closed, the 
West Passage will remain open and capable of being used by all 
recreational and most commercial vessels.
    Notice of these special local regulations will be provided prior to 
the event by Local Notice to Mariners and Broadcast Notice to Mariners. 
In addition, the sponsoring organization, Ocean State Tall Ships, Inc., 
will publish information of the event in local newspapers, pamphlets, 
internet sites, television and radio broadcasts.

3. 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 rule. If the rule will 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. 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.

4. Collection of Information

    This rule does not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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.

8. Taking of Private Property

    This rule will 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.

[[Page 39397]]

9. 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.

10. 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 does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use.

13. Technical Standards

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

14. 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 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 establishes temporary special local regulations 
to provide for the safety of life and property on the navigable 
waterways of Narragansett Bay and Newport Harbor, Rhode Island, during 
the Ocean State Tall Ships Festival on July 6-9 2012. This rule is 
categorically excluded from further review under paragraph (34)(h) of 
figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

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:  33 U.S.C. 1233. 33 U.S.C. 1233


0
2. Add Sec.  100.T01-0073 to read as follows:


Sec.  100.T01-0073  Special Local Regulations; Ocean State Tall Ships 
2012, Narragansett Bay and Newport Harbor, Rhode Island.

    (a) Regulated Areas:
    (1) Area Newport Harbor: All waters of Newport Harbor within an 
area bounded by Aquidneck Island to the east and south; by the Goat 
Island Causeway to the north; and by a line extending from the 
southernmost tip of Goat Island due south to Aquidneck Island.
    (2) Area Potter Cove: This Area is of the same coordinates as that 
portion of charted Anchorage A, as defined in Sec.  110.145(a)(1) of 
this chapter, that lies north of the Claiborne Pell/Newport Bridge.
    (3) Area Parade of Sail: Includes all waters of the East Passage, 
Narragansett Bay, Rhode, Island, within the following boundaries: 
Beginning at position 41[deg]27'19'' N, 71[deg]23'08'' W, then 
northward to position 41[deg]28'18'' N, 71[deg]22'14'' W, (Lighted Gong 
Buoy ``7'' (LLNR 17800)) then to position 41[deg]28'38'' N, 
71[deg]21'15'' W, (Lighted Gong Buoy ``9'' (LLNR 17805)) then to 
position 41[deg]29'00'' N, 71[deg]21'00'' W, (Lighted Bell Buoy ``11'' 
(LLNR 17810)) then to position 41[deg]29'33'' N, 71[deg]21'04'' W, then 
to position 41[deg]30'19'', 71[deg]21'04'' W below the Claiborne Pell/
Newport Bridge, then to position 41[deg]31'07'' N, 71[deg]21'17'' W, 
then to position 41[deg]31'49'' N, 71[deg]21'26'' W, then to position 
41[deg]32'30'' N, 71[deg]21'22'' W, then to position 41[deg]33'00'' N, 
71[deg]21'17'' W, then to position 41[deg]33'38'' N, 71[deg]21'00'' W, 
(U.S. Navy Buoy ``E'' (LLNR 18035)) then to position 41[deg]33'52'', 
71[deg]20'27'' W, (U.S. Navy Buoy ``F'' (LLNR 18040)) then to position 
41[deg]33'48'' N, 71[deg]19'55'' W, (the charted Halfway Rock). Area 
Parade of Sail will continue southward to position 41[deg]33'14'' N, 
71[deg]19'12.5'' W, then to position 41[deg]32'28'' N, 71[deg]19'30.6'' 
W, then to position 41[deg]31'55'' N, 71[deg]19'42.7'' W, then to 
position 41[deg]31'00'' N, 71[deg]20'04'' W, (Lighted Bell Buoy ``14'' 
(LLNR 17940)) then to position 41[deg]30'28'' N, 71[deg]20'21'' W, then 
to position 41[deg]30'12'', 71[deg]20'30'' W below the Claiborne Pell/
Newport Bridge, then to position 41[deg]29'34'' N, 71[deg]20'11'' W, 
(Mitchell Rock Gong Buoy ``3'' (LLNR 17865)), then to position 
41[deg]28'55'' N, 71[deg]20'19'' W, then to position 41[deg]27'55'' N, 
71[deg]21'43'' W, then to position 41[deg]27'27'' N, 71[deg]21'57'' W, 
(Bell Buoy ``6'' (LLNR 17790)), then to position 41[deg]26'57'', 
71[deg]21'57'' W, then returning to the starting point at 
41[deg]27'19'' N, 71[deg]23'08'' W. All coordinates are NAD 1983.
    (b) Special Local Regulations--
    (1) Definitions.
    (i) As used in this section, designated representative means a 
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty 
officer, or other officer operating a Coast Guard vessel and a Federal, 
State, or local officer designated by the Captain of the Port (COTP).
    (ii) Excursion vessel, as used in this sections, refers to any 
vessel granted an excursion permit as such term is defined in 46 CFR 
2.01-45.
    (iii) Vessel carrying passengers-for-hire, as used in this section, 
refers to, but is not limited to, vessels subject to regulation under 
Subchapters H, K, and T of Title 46 of the Code of Federal Regulations.
    (2) In accordance with the general regulations in Sec.  100.35 of 
this part, entering into, transiting through, anchoring or remaining 
within the regulated areas is prohibited unless permitted by this rule 
or entry is authorized by the Captain of the Port (COTP) Southeastern 
New England or designated representative.
    (3) All persons and vessels are authorized by the COTP Southeastern 
New England to enter areas of these special location regulations in 
accordance with the following restrictions:
    (i) Area Newport Harbor: Vessels transiting this Area must do so at 
a speed of at least three (3) knots or at no wake speed, whichever is 
more, while not exceeding six (6) knots. Vessels must not maneuver 
within 20 yards of a moored Tall Ship. Vessels must transit this Area 
in a counterclockwise direction, entering Newport Harbor from the west, 
then proceeding north along the eastern side of the harbor to a turning 
point south of the Goat Island causeway in approximate position 
41[deg]29'28'' N and 71[deg]19'40'' N, then

[[Page 39398]]

proceeding south along the western side of Newport Harbor to the exit 
of the Area. Vessels proceeding under sail will not be allowed in Area 
Newport Harbor unless also propelled by machinery, due to increased 
difficulty in maintaining required speed of advance while sailing as 
well as limited maneuvering ability to proceed in a single file behind 
numerous other spectator craft viewing the moored Tall Ships.
    (ii) Area Potter Cove: This area is a spectator anchoring area 
limited to excursion and passenger-for-hire vessels greater than 50 
feet in length carrying passengers for the viewing of the Parade of 
Sail. Vessels transiting this Area must do so at a speed of at least 
three (3) knots or at no wake speed, whichever is more, while not 
exceeding six (6) knots. Vessels transiting this Area must not maneuver 
within 20 yards of any vessel lawfully anchored within this area for 
the viewing of the Parade of Sail.
    (iii) Area Parade of Sail: This will be closed to all vessel 
traffic, except those vessels designated as participants.
    (4) All persons and vessels shall comply with the instructions of 
the COTP Southeastern New England or designated representative. Upon 
being hailed by a U.S. Coast Guard vessel by siren, radio, flashing 
lights, or other means the operator of a vessel shall proceed as 
directed.
    (5) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated areas must contact the COTP 
Southeastern New England by telephone at 508-457-3211, or designated 
representatives via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated areas is granted by the COTP Southeastern New England or 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the COTP 
Southeastern New England or designated representative.
    (6) The Coast Guard will provide notice of the regulated areas 
prior to the event through the Local Notice to Mariners and Broadcast 
Notice to Mariners. Notice will also be provided by on-scene designated 
representatives.
    (c) Enforcement Period: This section will be enforced during the 
following times.
    (1) Area Newport Harbor, from 6 a.m. on July 6, 2012, to noon on 
July 9, 2012.
    (2) Area Potter Cove, from 9 a.m. to 4 p.m. on July 9, 2012.
    (3) Area Parade of Sail, from 9 a.m. to 4 p.m. on July 9, 2012.

    Dated: June 8, 2012.
Verne B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the Port, Southeastern New 
England.
[FR Doc. 2012-16307 Filed 7-2-12; 8:45 am]
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