[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Rules and Regulations]
[Pages 44289-44291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18390]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0286]
RIN 1625-AA00


Safety Zone, Fall River Grand Prix, Mt. Hope Bay and Taunton 
River, Fall River, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone in the navigable 
waters of Mt. Hope Bay and the Taunton River in the vicinity of Fall 
River, MA, during the Fall River Grand Prix marine event from August 
14-16, 2015. This safety zone is intended to safeguard mariners from 
the hazards associated with high-speed, high-performance motorboats 
competing in the event. Vessels are prohibited from entering into, 
transiting through, mooring, or anchoring within this safety zone 
during periods of enforcement unless authorized by the Captain of the 
Port (COTP), Southeastern New England or the COTP's designated 
representative.

DATES: This rule is effective from 9 a.m., Friday, August 14, 2015 to 5 
p.m., Sunday, August 16, 2015. It will be subject to enforcement 
between 9 a.m. and 5 p.m. on each of these three dates.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0286. 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, 
contact Mr. Edward G. LeBlanc at Coast Guard Sector Southeastern New 
England, telephone 401-435-2351, email [email protected]. If 
you have questions on viewing the docket, please contact Ms. Cheryl 
Collins, 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. Regulatory History and Information

    On May 29, 2015, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone, Fall River Grand Prix, Mt. Hope Bay and 
Taunton River, Fall River, MA'' in the Federal Register (80 FR 30637). 
We received no comments on the NPRM.
    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. This provision authorizes an 
agency to make a rule effective less than 30 days after publication in 
the Federal Register when the agency for good cause finds that delaying 
the effective period for 30 days or more is ''impracticable, 
unnecessary, or contrary to the public interest.'' 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 to safeguard participants and the public at the Fall River 
Grand Prix, which is scheduled for August 14-16, 2015. State and local 
government officials support the event, there is no known opposition to 
the event, and no comments opposing the safety zone were received in 
response to the NPRM. Therefore, it is impracticable and unnecessary to 
make this rule effective 30 days or more after publication in the 
Federal Register.

B. Basis and Purpose

    The legal basis for the rule is 33 U.S.C. 1231; 50 U.S.C. 191, 33 
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; and Department of Homeland Security 
Delegation No. 0170.1, which collectively authorize the Coast Guard to 
establish regulatory safety zones.
    The initial Fall River Grand Prix is a three-day event where high-
speed, high-performance motorboats participate in controlled races 
within a well-defined water area. This safety zone is intended to 
encompass the racing area and will include a buffer between the racing 
motorboats and spectator craft to provide a margin of safety. As these 
races are part of a national series of events, governed by a national 
racing and safety organization (the U.S. Offshore Powerboat 
Association), and

[[Page 44290]]

operated by experienced high-speed motorboat crews and support teams, 
they are expected to generate local and regional 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 Fall River Grand Prix, to ensure the protection of the 
maritime public and event participants from the hazards associated with 
high-speed, high-performance motorboat racing.

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 these statutes or executive orders.

1. Executive Order 12866 and Executive Order 13563

    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 adverse economic impact of this 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: The 
safety zone will be in effect for only a few hours each day for three 
consecutive days, and vessels will only be restricted from the zone in 
Mt. Hope Bay and the Taunton River in the vicinity of Fall River, MA 
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 available for recreational vessels to the west of 
the safety zone that does not add substantial transit time and is 
already routinely used by mariners; many vessels, especially 
recreational vessels, may transit in all portions of the affected 
waterway except for those areas covered by the 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 Fall River Grand Prix and the associated safety 
zone will be made to mariners through both the Southeastern 
Massachusetts and Rhode Island Port Safety Forums, 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 received no comments on this rule from any 
small business, nor from the U.S Small Business Administration. 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: Owners or operators of vessels intending to transit in 
Mt. Hope Bay and the Taunton River in the vicinity of Fall River, MA, 
during the Fall River Grand Prix marine event. The impact to these 
entities will not be significant, and this rule will not affect a 
substantial number of small entities, because the waterway will be 
restricted and the safety zone enforced only 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. Also, there is an alternate 
route available for recreational vessels to the west of the safety zone 
that does not add substantial transit time and is already routinely 
used by mariners. And many vessels, especially recreational vessels, 
may transit in all portions of the affected waterway except for those 
areas covered by the safety zone. And all vessels may enter or pass 
through the affected waterway with the permission of the COTP or the 
COTP's representative.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this 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.
    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 would not result 
in such expenditure,

[[Page 44291]]

we do discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

    This 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 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 would 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 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 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 is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves the establishment of a 
safety zone.
    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 reads as follows:

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

0
2. Add Sec.  165.T01-0286 to read as follows:


Sec.  165.T01-0286  Safety Zone, Fall River Grand Prix, Mt. Hope Bay 
and Taunton River, Fall River, MA.

    (a) Location. The following area is a safety zone: Mt. Hope Bay and 
the Taunton River navigation channel from approximately Mt. Hope Bay 
buoy R10 southwest of Brayton Point channel, and extending 
approximately two miles to the northeast up to and including Mt. Hope 
Bay buoy C17 north of the Braga Bridge. The safety zone is encompassed 
by the following coordinates:

------------------------------------------------------------------------
             Corner                    Latitude            Longitude
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SW.............................  41[deg]41.40' N.     71[deg]11.15' W.
NW.............................  41[deg]41.48' N.     71[deg]11.15' W.
SE.............................  41[deg]42.33' N.     71[deg]09.40' W.
NE.............................  41[deg]42.42' N.     71[deg]09.47' W.
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    (b) Enforcement Period. Vessels will be prohibited from entering 
this safety zone, when enforced, during the Fall River Grand Prix 
marine event between 9 a.m. and 5 p.m. from Friday, August 14, 2015 to 
Sunday, August 16, 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 33 CFR 
165.23 as well as the following regulations apply to the safety zone 
established in conjunction with the Fall River Grand Prix, Taunton 
River, vicinity of Fall River, MA. 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 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 Fall River 
Grand Prix at any time to ensure safety. Such action may be justified 
as a result of weather, traffic density, spectator operation or 
participant behavior.

    Dated: July 8, 2015.
Richard J. Schultz,
Commander, U.S. Coast Guard, Acting Captain of the Port Southeastern 
New England.
[FR Doc. 2015-18390 Filed 7-24-15; 8:45 am]
 BILLING CODE 9110-04-P