[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Proposed Rules]
[Pages 19302-19305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07833]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0061]
RIN 1625-AA00


Safety Zones; Annually Recurring Events in Coast Guard 
Southeastern New England Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the special local 
regulations for the ``RI Air National Guard Air Show'' and the ``Swim 
Buzzards Bay'' events. This amendment would add an additional month to 
the eligible dates for which the Safety Zone Regulations apply to each 
of these two events.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 8, 2014. Requests for public meetings must be 
received by the Coast Guard on or before April 29, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0061 using any one of the following methods:
    (1) Federal e-Rulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: 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. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for further instructions on 
submitting comments. To avoid duplication, please use only one of these 
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Edward 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

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SLR Special Local Regulation

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, 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 at 
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, 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, 
type the docket number [USCG-2014-0061] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an 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.

2. 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, 
type the docket number [USCG-2014-0061] 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.

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before April 29, 2014, 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

[[Page 19303]]

one at a time and place announced by a later notice in the Federal 
Register.

B. Regulatory History and Information

    On June 21, 2012 the Coast Guard implemented regulations that 
removed seven outdated marine events from the CFR and established 
permanent regulated areas at 33 CFR 165.173 in conjunction with 24 
other recurring marine events in the Sector Southeastern New England 
Area of Responsibility (AOR). In the Table to section 33 CFR 165.173, 
the Coast Guard provided the name, type, approximate safety zone 
dimensions, dates, times, and locations of each event. This NPRM 
proposes to expand the approximate dates for two events, the Air Show 
and the Swim.

C. Basis and Purpose

    The legal basis for this proposed rule is 33 U.S.C. 1226, 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 and special local regulations.
    On May 22, 2012, the Coast Guard published a Final Rule in the 
Federal Register (77 FR 30188) that amended certain special local 
regulations and established permanent safety zones for numerous 
recurring marine events within Coast Guard Sector Southeastern New 
England. For each recurring marine event a range of eligible dates is 
included in the Table to 33 CFR 165.173.
    Due to the changing scheduling of these events, several revisions 
are necessary to provide a larger window of eligible dates for the 
sponsors of each event to better coordinate with other waterway users, 
major participants, and state and local safety officials.

D. Discussion of Proposed Rule

    The Coast Guard proposes to amend the safety zone regulations 
listed in sections 6.2 (RI Air National Guard Air Show) and 7.12 (Swim 
Buzzards Bay) of the Table contained in 33 CFR 165.173. This proposed 
amendment would add an additional month to the eligible dates for which 
the SLR at 33 CFR 165.173 apply to each of these two events. For the 
Air Show, the month of May would be added to June and July, so that the 
regulation listed in section 6.2 would apply to one weekend in May, 
June, or July, rather than just June or July as is applicable under the 
current regulation.
    For the Swim Buzzards Bay event, the month of June would be added 
to July and August, so that the regulation listed in section 7.12 would 
apply to one Saturday or Sunday in June, July, or August, rather than 
just July or August as is applicable under the current regulation.
    These proposed revisions are necessary to provide a larger window 
of eligible dates for the sponsors of each event to better coordinate 
with other waterway users, major participants, and state and local 
safety officials.

E. 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.

1. Regulatory Planning and Review

    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 so 
minimal that a full Regulatory Evaluation is unnecessary. Although this 
regulation may have some impact on the public, the potential impact 
will be minimized for the following reasons: The Air Show would still 
be limited to only a single three-day weekend period (Friday, Saturday, 
and Sunday) during the month of May, and the Air Show has occurred 
annually for many years with no negative public comments or concerns 
regarding impacts to navigation. The Swim would still be limited to 
only a single Saturday or Sunday during the month of June, and the Swim 
has occurred annually for many years with few negative public comments 
or concerns regarding impacts to navigation, and those comments and 
concerns have been readily and satisfactorily resolved.
    Notifications will be made to the local maritime community through 
the Local Notice to Mariners well in advance of the Air Show and Swim. 
No new or additional restrictions will be imposed on vessel traffic.

2. Impact on 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 area of the events 
listed in sections 6.2 or 7.12 of the Table to 33 CFR 165.173.
    The proposed rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons: The Air 
Show would still be limited to only a single three-day weekend period 
(Friday, Saturday, and Sunday) during the entire eligible period (May, 
June, July as proposed herein), and the Air Show has occurred annually 
for many years with no negative public comments or concerns regarding 
impacts to navigation. The Swim would still be limited to a single 
Saturday or Sunday during the entire eligible period (June, July, 
August as proposed herein), and the Swim has occurred annually for many 
years with few negative public comments or concerns regarding impacts 
to navigation, and those comments and concerns have been readily and 
satisfactorily resolved.
    Notifications will be made to the local maritime community through 
the Local Notice to Mariners well in advance of the Air Show and Swim. 
No new or additional restrictions will be imposed on vessel traffic.
    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.

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 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

[[Page 19304]]

retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

4. 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).

5. 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.

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

8. 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.

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. 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 significant effect on the human environment. This proposed rule 
involves the modification of a safety zone. This proposed rule is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A preliminary environmental 
analysis checklist supporting this determination is 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 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

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, 6.04-6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.
0
2. Amend Table Sec.  165.173 as follows:
0
a. Add a new category entitled ``5.0 MAY'' below the category ``1.0 365 
DAY JANUARY-DECEMBER'' and above the category ``6.0 JUNE'';
0
b. Redesignate item 6.2, ``RI National Guard Air Show'' as item 5.1, 
and locate it beneath the category ``5.0 MAY'';
0
c. Redesignate item 7.12 ``Swim Buzzards Bay'' as item 6.2, and locate 
it below item 6.1 ``Oak Bluffs Summer Solstice.''
0
d. Amend the entry for ``Date'' in newly redesignated item 5.1, ``RI 
Air National Guard Air Show''; and
0
e. Amend the entry for ``Date'' in newly redesignated item 6.2 ``Swim 
Buzzards Bay.''
    The revisions and additions read as follows:


Sec.  165.173  Safety Zones for annually recurring marine events held 
in Coast Guard Southeastern New England Captain of the Port Zone.

* * * * *

                         Table to Sec.   165.173
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1.0 365 DAY JANUARY-DECEMBER
 
                              * * * * * * *
5.0 MAY
------------------------------------------------------------------------

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5.1 RI National Guard Air       Event Type: Air Show.
 Show.
                                Date: One weekend (Friday,
                                Saturday, and Sunday) in May, June, or
                                July, as announced in the local Notice
                                to Mariners.
                                Time: Approximately 9:00 a.m. to
                                7:00 p.m.
                                Location: (1) All waters over
                                the West Passage of Narragansett Bay, in
                                the vicinity of the Quonset State
                                Airport, North Kingston, RI which are
                                within a 4000-yard radius arc extending
                                from position 41[deg]35'44'' N,
                                071[deg]24'14'' W (NAD 83); and (2) All
                                waters over the West Passage of
                                Narragansett Bay, in the vicinity of
                                Narragansett Pier, Narragansett, RI,
                                which are within a 2000-yard radius arc
                                extending from position 41[deg]26'17''
                                N, 071[deg]27'02'' W (NAD 83) (Friday
                                only).
                                Safety Zone Dimension:
                                Approximately 1000 yards long by 1000
                                yards wide.
6.0 JUNE
 
------------------------------------------------------------------------
                              * * * * * * *
6.2 Swim Buzzards Bay........   Event Type: Swim Event.
                                Date: One Saturday or Sunday in
                                June, July, or August, as announced in
                                the local Notice to Mariners.
                                Location: The regulated area
                                includes all waters in the vicinity of
                                the Outer New Bedford Harbor, within 500
                                yards along a centerline with an
                                approximate start point of
                                41[deg]36'35'' N, 070[deg]54'18'' W (NAD
                                83) and an approximate end point of
                                41[deg]37'26'' N, 070[deg]53'48'' W (NAD
                                83) at Davy's Locker Restaurant in New
                                Bedford, MA, to Fort Phoenix Beach in
                                Fairhaven, MA.
                                Safety Zone Dimension: 500 yards
                                on either side of the centerline
                                described above.
 
                              * * * * * * *
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    Dated: March 5, 2014.
J.T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New 
England.
[FR Doc. 2014-07833 Filed 4-7-14; 8:45 am]
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