[Federal Register Volume 79, Number 117 (Wednesday, June 18, 2014)]
[Rules and Regulations]
[Pages 34627-34629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14238]


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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: Final rule.

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SUMMARY: The Coast Guard is amending the safety zones for the ``RI Air 
National Guard Air Show'' and the ``Swim Buzzards Bay'' events. This 
amendment adds an additional month to the eligible dates for which the 
Safety Zones apply to each of these two events.

DATES: This rule is effective July 18, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0061. To view documents mentioned in the 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 Mr. Edward G. LeBlanc at Coast Guard Sector Southeastern New 
England, 401-435-2351. If you have questions on viewing the docket, 
please 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 Rulemaking

A. Regulatory History and Information

    On April 8, 2014, we published a notice of rulemaking (NPRM) 
entitled ``Safety Zones; Annually Recurring Events in Coast Guard 
Southeastern New England Captain of the Port Zone'' in the Federal 
Register (79 FR 19302). We received no comments on the rule.

B. 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; 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.
    On May 22, 2012, the Coast Guard published a Final Rule in the 
Federal Register (77 FR 30188-30194) that amended certain 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. The Coast Guard is amending the safety zones at section 6.2 
(RI Air National Guard Air Show) and 7.12 (Swim Buzzards Bay) of the 
Table contained in 33 CFR 165.173. This amendment adds an additional 
month to the eligible dates for which the safety zones at 33 CFR 
165.173 apply to each of these two events.

C. Background

    For the Air Show, the month of May is added to June and July, so 
that the safety zone at 33 CFR 165.173 now applies to one weekend in 
May, June, or July, rather than just June or July as was applicable 
under the original regulation being amended.
    For the Swim, the month of June is added to July and August, so 
that the safety zone at 33 CFR 165.173 applies to one Saturday or 
Sunday in June, July, or August, rather than just July or August as was 
applicable under the original regulation being amended.
    These revisions 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 Comments, Changes and the Final Rule

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

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and 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 
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 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 will be limited to only a 
single three-day weekend period (Friday, Saturday, and Sunday) 
potentially in 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 will be limited to only a single

[[Page 34628]]

Saturday or Sunday potentially in the month of June, and the Swim has 
occurred annually for many years with few public concerns regarding 
impacts to navigation, and those concerns have been readily and 
satisfactorily resolved.
    Notifications are 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 are 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 rule will 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 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 affects 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 Air Show as listed in section 6.2 of 
the Table to 33 CFR 165.173.
    The rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The Air 
Show is limited to only a single three-day weekend period (Friday, 
Saturday, and Sunday) during the entire eligible period (May, June, 
July), and the Air Show has occurred annually for many years with no 
negative public concerns regarding impacts to navigation. The Swim is 
limited to a single Saturday or Sunday during the entire eligible 
period (June, July, August), and the Swim has occurred annually for 
many years with few negative public concerns regarding impacts to 
navigation, and those concerns have been readily and satisfactorily 
resolved.
    Notifications are 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 are imposed on vessel traffic.

3. 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.

4. 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).

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 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 rule does not result in 
such 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.

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 From Environmental Health Risks

    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 will not create an 
environmental risk to health or risk to safety that might 
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

    This 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 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 concluded 
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.
    Any comments made in response to the previously published Notice of 
Proposed Rulemaking for this action

[[Page 34629]]

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 annually recurring marine events, including marine related 
fireworks events and special local regulations for regattas. 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, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  165.173  [Amended]

0
2. Amend the table in 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'', and reserve item 
7.12;
0
d. Revise the entry for ``Date'' in newly redesignated item 5.1, ``RI 
Air National Guard Air Show'' to read ``Date: One weekend (Friday, 
Saturday, and Sunday) in May, June, or July, as announced in the local 
Notice to Mariners.''; and
0
e. Revise the entry for ``Date'' in newly redesignated item 6.2 ``Swim 
Buzzards Bay'' to read ``Date: One Saturday or Sunday in June, July, or 
August, as announced in the local Notice to Mariners.''

    Dated: May 21, 2014.
J.T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New 
England.
[FR Doc. 2014-14238 Filed 6-17-14; 8:45 am]
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