[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Rules and Regulations]
[Pages 39957-39959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17108]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0188]
RIN 1625-AA00


Safety Zones; Misery Challenge, Manchester Bay, Manchester, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone in 
Manchester Bay to be enforced during the Misery Challenge marine event, 
which will involve swimmers, kayakers, and stand-up paddlers. This 
safety zone will ensure the protection of the event participants, 
support vessels, and maritime public from the hazards associated with 
the event. Vessels will be prohibited from entering into, transiting 
through, mooring, or anchoring within this safety zone during periods 
of enforcement unless authorized by the Coast Guard Sector Boston 
Captain of the Port (COTP) or the COTP's designated representative.

DATES: This temporary final rule is effective from 7:30 a.m. on August 
1, 2015 to 11:30 a.m. on August 1, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-

[[Page 39958]]

2015-0188]. 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, 
contact Mr. Mark Cutter, Coast Guard Sector Boston Waterways Management 
Division, telephone (617) 223-4000, email [email protected]. If 
you have questions on viewing or submitting material to the docket, 
call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
CFR Code of Federal Regulation
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983

A. Regulatory History and Information

    On May 8, 2015 we published a notice of proposed rulemaking (NPRM) 
entitled Safety Zones; Misery Challenge, Manchester Bay, Manchester, MA 
in the Federal Register (80 FR 26514). We received no comments on the 
proposed rule. No public meeting was requested, and none was held.

B. 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 establish regulatory safety zones.
    By establishing a temporary safety zone, the Coast Guard will 
ensure the protection of the event participants, support vessels, and 
maritime public from the hazards associated with the event.

C. Discussion of Comments, Changes and the Temporary Final Rule

    The Coast Guard provided a comment period of 30 days and no 
comments were received. There are no changes to the regulatory text.

D. 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, Improving Regulation and 
Regulatory Review, 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 those Orders.
    We expect the economic impact of this rule to be minimal. This 
regulation may have some impact on the public, but that potential 
impact will likely be minimal for several reasons. First, this safety 
zone will be in effect for only 4 hours in the morning when vessel 
traffic is expected to be light. Second, vessels may enter or pass 
through the safety zone during an enforcement period with the 
permission of the COTP or the designated representative. Finally, the 
Coast Guard will provide notification to the public through Broadcast 
Notice to Mariners 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 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.
    For all of the reasons discussed in the Regulatory Planning and 
Review section, 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.
    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 rule. 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 in the FOR FURTHER INFORMATION CONTACT, 
above.
    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 will 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

[[Page 39959]]

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.

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 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

    This action 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 made a 
determination 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 involves the establishment of a temporary safety 
zone. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A written 
environmental analysis (EA) checklist and categorical exclusion 
determination (CED) 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 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; 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 a new Sec.  165.T01-0188 to read as follows:


Sec.  165.T01-0188  Safety Zone--Misery Challenge--Manchester Bay, 
Manchester, Massachusetts.

    (a) General. Establish a temporary safety zone:
    (1) Location. The following area is a safety zone: All navigable 
waters, from surface to bottom, within one hundred (100) yards from the 
participants and vessels in support of events in Manchester Bay, 
Manchester, MA, and enclosed by a line connecting the following points 
(NAD 83):

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
42[deg]34'03'' N...................  70[deg]46'42'' W.; thence to.
42[deg]33'58'' N...................  70[deg]46'33'' W.; thence to
42[deg]32'32'' N...................  70[deg]47'45'' W.; thence to
42[deg]32'58'' N...................  70[deg]48'40'' W.; thence to point
                                      of origin.
------------------------------------------------------------------------

    (2) Effective and enforcement period. This rule will be effective 
on August 1, 2015, from 7:30 a.m. to 11:30 a.m.
    (b) Regulations. While this safety zone is being enforced, the 
following regulations, along with those contained in 33 CFR 165.23, 
apply:
    (1) No person or vessel may enter or remain in this safety zone 
without the permission of the Captain of the Port (COTP), Coast Guard 
Sector Boston or the COTP's representative. However, any vessel that is 
granted permission by the COTP or the COTP's representative must 
proceed through the area with caution and operate at a speed no faster 
than that speed necessary to maintain a safe course, unless otherwise 
required by the Navigation Rules.
    (2) Any person or vessel permitted to enter the safety zone shall 
comply with the directions and orders of the COTP or the COTP's 
representative. Upon being hailed by a U.S. Coast Guard vessel by 
siren, radio, flashing lights, or other means, the operator of a vessel 
within the zone shall proceed as directed. Any person or vessel within 
the safety zone shall exit the
    (3) To obtain permissions required by this regulation, individuals 
may reach the COTP or a COTP representative via VHF channel 16 or 617-
223-5757 (Sector Boston Command Center).
    (c) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 1226.
    (d) Notification. Coast Guard Sector Boston will give notice 
through the Local Notice to Mariners, Broadcast Notice to Mariners, and 
to mariners for the purpose of enforcement of this temporary safety 
zone. Also, Sector Boston will notify the public to the greatest extent 
possible of any period in which the Coast Guard will suspend 
enforcement of this safety zone.
    (e) COTP representative. The COTP's representative may be any Coast 
Guard commissioned, warrant, or petty officer or any Federal, state, or 
local law enforcement officer who has been designated by the COTP to 
act on the COTP's behalf. The COTP's representative may be on a Coast 
Guard vessel, a Coast Guard Auxiliary vessel, a state or local law 
enforcement vessel, or a location on shore.

    Dated: June 25, 2015.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2015-17108 Filed 7-10-15; 8:45 am]
 BILLING CODE 9110-04-P