[Federal Register Volume 81, Number 41 (Wednesday, March 2, 2016)]
[Proposed Rules]
[Pages 10820-10822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04540]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0004]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for certain waters of Manchester Bay to be enforced during the 
Misery Challenge marine event, which will involve swimmers, kayakers, 
and stand-up paddlers. This safety zone would ensure the protection of 
the event participants, support vessels, and the maritime public from 
the hazards associated with the event. This proposed rulemaking would 
prohibit persons and vessels 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. We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 1, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0004 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rulemaking, call or email Mr. Mark Cutter, Sector Boston Waterways 
Management Division, U.S. Coast Guard; telephone 617-223-4000, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

DHS Department of Homeland Security
U.S.C. United States Code
CFR Code of Federal Regulation
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983

II. Background, Purpose, and Legal Basis

    On October 23, 2015, the Coast Guard was notified that of a 
swimming and stand up paddling event from 7:30 a.m. to 12 p.m. on July 
23, 2016 with a weather date on July 24, 2016; named the Misery 
Challenge. The participants will launch from Tucks Point in Manchester 
Bay, Manchester, MA and continue around Greater Misery Island returning 
to Tucks Point. Hazards associated with this include accidental 
collisions with event participants and the maritime public. The COTP 
has determined that potential hazards associated with the event would 
be a safety concern for event participants, support vessels, and the 
maritime public.
    The purpose of this rulemaking is to ensure the safety of event 
participants, support vessels, the maritime public, and the navigable 
waters within a 100 yard radius of the event participants, during, and 
after the scheduled event. The Coast Guard proposes this rulemaking 
under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary safety zone from 7 a.m. 
to 12:30 p.m. on July 23, 2016 with a weather date on July 24, 2016. 
The safety zone would cover all navigable waters within specific 
geographic locations specified in the regulatory text on the navigable 
waters of Manchester Bay, Manchester, Massachusetts. Vessels not 
associated with the event shall maintain a distance of at least 100 
yards from the participants. The duration of the zone is intended to 
ensure the safety of event participants, support vessels, and the 
maritime public before, during, and after the event scheduled from 7:30 
a.m. to 12 p.m. event. No vessel or person would be permitted to enter 
the safety zone without obtaining permission from the COTP or a 
designated representative. The regulatory text we are proposing appears 
at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    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 five and one half 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.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    For all of the reasons discussed in the Regulatory Planning And 
Review section, this rulemaking would not have a significant economic 
impact on a substantial number of small entities.

[[Page 10821]]

    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rulemaking 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.
    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 proposed 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. 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.

C. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. 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 an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. 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 (42 U.S.C. 4321-4370f), and have made 
a preliminary 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 proposed rule involves a safety 
zone lasting five and one half hours that would prohibit entry within 
100 yards of the participants and vessels in support of the event. 
Normally such actions maybe categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. A preliminary environmental analysis checklist 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.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 a new Sec.  165.T01-0188 under the undesignated center heading 
First Coast Guard District 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 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]32'30'' N. 70[deg]47'43'' W.; thence to
42[deg]32'58'' N. 70[deg]48'40'' W.; thence to point of origin.


[[Page 10822]]


    (2) Effective and enforcement period. This rule will be effective 
on July 23, 2016, from 7 a.m. to 12:30 p.m. with a weather date on July 
24, 2016.
    (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) or the COTP's 
representatives. However, any vessel that is granted permission by the 
COTP or the COTP's representatives 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 
representatives. 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 zone when directed by the COTP or the 
COTP's representatives.
    (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 and Broadcast Notice to Mariners 
for the purpose of enforcement of this temporary safety zone. Sector 
Boston will also 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: February 25, 2016.
C. C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2016-04540 Filed 3-1-16; 8:45 am]
 BILLING CODE 9110-04-P