[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Proposed Rules]
[Pages 21670-21673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08918]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0178]
RIN 1625-AA00


Safety Zone, Volvo Ocean Race Newport; 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 a safety zone in the 
navigable waters of the East Passage, Narragansett Bay, RI, during the 
Volvo Ocean Race Newport marine event. This safety zone is intended to 
safeguard mariners from the hazards associated with high-speed, high-
performance sailing vessels competing in inshore races on the waters of 
the East Passage, Narragansett Bay, RI. Vessels would be prohibited 
from entering into, transiting through, mooring, or anchoring within 
this safety

[[Page 21671]]

zone during periods of enforcement unless authorized by the Captain of 
the Port (COTP), Southeastern New England or the COTP's designated 
representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 27, 2015. Requests for public meetings must be 
received by the Coast Guard on or before April 27, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0178 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, contact 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 Barbara Hairston, 
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

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 (USCG-2015-0178), 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, 
type the docket number [USCG-2015-0178] 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-2015-0178) 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, using one of the 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.

B. Regulatory History and Information

    The Coast Guard has not promulgated a rule for past iterations of 
this event.

C. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 1231; 50 U.S.C. 
191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 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 
Volvo Ocean Race Newport in the vicinity of Newport, RI.

D. Discussion of Proposed Rule

    The Volvo Ocean Race is a 40,000 mile, eight-month, round the world 
race with stops in several major international sailing ports. As part 
of the event, high-speed sailing vessels will participate in daily 
inshore races from 12-17 May, 2015, in the East Passage of Narragansett 
Bay in the vicinity of Newport, RI. As these races are part of a world-
wide event they are expected to generate national and international 
media coverage, and attract spectators on a number of recreational and 
excursion vessels.
    The Coast Guard is establishing this safety zone, in conjunction 
with the Volvo Ocean Race Newport, to ensure the protection of the 
maritime public and event participants from the hazards associated with 
large-scale marine events. The Coast Guard anticipates some concern 
with the proposed safety zone 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 6 
consecutive days.
    The East Passage of Narragansett Bay is the site of many marine 
events each year. As a result, vessel traffic, particularly 
recreational vessel traffic, is frequently required to utilize the West

[[Page 21672]]

Passage of Narragansett Bay. Accordingly, the West Passage of 
Narragansett Bay may be a viable option for recreational vessels as 
well as many tug/barge combinations and smaller commercial vessels 
during the Volvo Ocean Race Newport.
    Regardless, the Coast Guard anticipates that some commercial and/or 
recreational vessels may still need to transit the East Passage of 
Narragansett Bay for a variety of reasons, including destination, 
familiarity with the waterway, tide restrictions, etc. Vessels may be 
able to continue transits through the East Passage, even during 
enforcement of the safety zone, as there will be sufficient room for 
most recreational vessels, and some commercial vessels, to pass to the 
west of the safety zone. 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 entire event to avoid major interruptions to 
shipping schedules.
    The Coast Guard proposes to add a temporary safety zone under 33 
CFR 165.T01-0178. The safety zone will extend from Newport Harbor in 
the vicinity of Fort Adams, across the East Passage to west of Rose 
Island, and will encompass the East Passage south to the vicinity of 
Castle Hill. The safety zone will be enforced only during times of 
actual sailing vessel racing.

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. 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 adverse economic impact of this proposed rule to be 
minimal. Although this regulation may have some adverse impact on the 
public, the potential impact will be minimized for the following 
reasons: Although the safety zone will be in effect for 8 hours each 
day for 6 consecutive days, vessels will only be restricted from the 
zone in the East Passage of Narragansett Bay during those limited 
periods when the races are actually ongoing; during periods when there 
is no actual racing (e.g., racing vessels are transiting from the pier 
to the racing site; downtime between races, etc.) vessels may be 
allowed to transit through the safety zone; 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 this safety zone; many vessels, especially 
recreational vessels, may transit in all portions of the affected 
waterway except for those areas covered by the proposed safety zone; 
and vessels may enter or pass through the affected waterway with the 
permission of the COTP or the COTP's representative.
    Notification of the Volvo Ocean Race Newport and the associated 
safety zone 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.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 will 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, 
RI, during the Volvo Ocean Race Newport sailing races.
    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 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

[[Page 21673]]

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.
    A preliminary environmental analysis checklist supporting this 
determination is available in the docket where indicated under 
ADDRESSES. This proposed rule involves the establishment of a temporary 
safety zone in conjunction with the Volvo Ocean Race Newport event, 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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T01-0178 to read as follows:


Sec.  165.T01-0178  Safety Zone for Volvo Ocean Race Newport, East 
Passage, Narragansett Bay, RI.

    (a) Location. The following area is a safety zone: From an east-
west line across the East Passage of Narragansett Bay at the Newport 
Bridge south to the COLREGS demarcation line between Brenton Pt and 
Beavertail Pt.
    (b) Enforcement period. Vessels will be prohibited from entering 
this safety zone, when enforced, during the Volvo Ocean Race Newport 
sailing vessel racing event between 9 a.m. and 5 p.m. from Tuesday, May 
12, 2015 to Sunday, May 17, 2015.
    (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 Sec.  
165.23 as well as the following regulations apply to the safety zone 
established in conjunction with the Volvo Ocean Race Newport, East 
Passage, Narragansett Bay, Newport, RI. These regulations may be 
enforced for the duration of the event.
    (2) No later than 8 a.m. each day of the event, the Coast Guard 
will announce via Safety Marine Information Broadcasts and local media 
the times and duration of each sailing race scheduled for that day, and 
the precise area(s) of the safety zone that will be enforced.
    (3) Vessels may not transit through or within the safety zone 
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 zone unless authorized by an official patrol vessel.
    (5) The Patrol Commander may control the movement of all vessels in 
the safety zone. 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 Volvo Ocean 
Race at any time to ensure safety. Such action may be justified as a 
result of weather, traffic density, spectator operation or participant 
behavior.

    Dated: March 27, 2015.
J.T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New 
England.
[FR Doc. 2015-08918 Filed 4-17-15; 8:45 am]
 BILLING CODE 9110-04-P