[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Proposed Rules]
[Pages 36243-36245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13342]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0329]
RIN 1625-AA00


Safety Zone; Casco Bay Islands Swim/Run, Casco Bay, Portland, ME

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for certain waters of Portland Harbor and Casco Bay to be enforced 
during the Casco Bay Islands Swim/Run marine event. The event involves 
athletes tethered together by a line in which they will run and swim on 
and between eight islands of the Casco Bay archipelago. This safety 
zone will facilitate the protection of the event participants, their 
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 Northern New England 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 July 6, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0329 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 MSTC Bains, Sector Northern New England 
Waterways Management Division, U.S. Coast Guard; telephone 207-347-
5003, 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 December 15, 2015, the Coast Guard was notified of a swimming 
and running event that will occur within the Casco Bay Islands 
archipelago from 7:30 a.m. to 11:00 a.m. on August 14, 2016. The name 
of the marine event is called the Casco Bay Islands Swim/Run. 
Participants will begin the event with a run on Great Chebeague Island 
to Little Chebeague Island. From Little Chebeague Island they will 
start the swim/run process with a 470 yard swim to Long Island. After a 
short run, the athletes will swim an additional 900 yards on the east 
side of the island to a point back on Long Island. Next, the 
participants will swim 1,300 yards to Cow Island and then an additional 
540 yards to Great Diamond Island. From Great Diamond Island, the 
participants will swim 700 yards to Peaks Island, then an additional 
500 yards to another point on the southern end of Peaks Island. The 
participants will then swim 700 yards to House Island. From House 
Island the participants will swim 800 yards to the Little Diamond 
Island Landing. The final swim leg is a 650 yard swim from the Little 
Diamond Island Landing back to Peaks Island. Hazards associated with 
this marine event include accidental collisions with the event 
participants and the maritime public. The COTP has determined that 
potential hazards associated with the marine event will be a safety 
concern for event participants, the support vessels, and the maritime 
public.
    The purpose of this rulemaking is to ensure the safety of event 
participants, the support vessels, the maritime public, and the 
navigable waters within a 200-feet 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 6:30 
a.m. to 12:00 p.m. on August 14, 2016. The safety zone would cover all 
navigable waters within the geographic locations specified in the 
regulatory text on the navigable waters of Casco Bay, Portland, Maine. 
Vessels not associated with the event shall maintain a distance of at 
least 200 feet from the participants. The duration of the zone is 
intended to ensure the safety of event participants, support vessels, 
the maritime public, and these navigable waters before, during, and 
after the scheduled 7:30 a.m. to 11:00 a.m. event. No vessel or person 
would be permitted to enter the safety zone without first 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 an impact on the general public, but that potential 
impact will likely be minimal for several reasons. First, this safety 
zone will be in effect for only five and a half hours in the morning 
when vessel traffic is expected to be light. In addition, vessels may 
enter or pass through the safety zone during an enforcement period with 
the permission of the COTP or the designated representative. Lastly, 
the Coast Guard will provide notification to the public through 
Broadcast Notice to

[[Page 36244]]

Mariners and the Local Notice to Mariners publication 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 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.
    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. 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 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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order. 
13132.
    Also, 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. 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 half hours that would prohibit entry within 200 
feet of the participants and vessels in support of the event. Normally 
such actions are 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:

[[Page 36245]]

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.T01-3029 to read as follows:


Sec.  165.T01-0329  Safety Zone--Casco Bay Islands Swim Event--Casco 
Bay, Portland, Maine.

    (a) General. Establish a temporary safety zone:
    (1) Location. The following area is a safety zone: All navigable 
waters, from surface to bottom, within (200) feet from the participants 
and vessels in support of events in Casco Bay, Portland, ME, and 
enclosed by a line connecting the following points (NAD 83):

------------------------------------------------------------------------
                Latitude                            Longitude
------------------------------------------------------------------------
43[deg]42'47'' N.......................  70[deg]07'07'' W.; thence to.
43[deg]38'09'' N.......................  70[deg]11'57'' W.; thence to.
43[deg]38'57'' N.......................  70[deg]12'55'' W.; thence to.
43[deg]41'31'' N.......................  70[deg]11'37'' W.; thence to.
43[deg]43'25'' N.......................  70[deg]08'25'' W.; thence to
                                          point of origin.
------------------------------------------------------------------------

    (2) Effective and Enforcement Period. This rule will be effective 
on August 14, 2016, from 6:30 a.m. to 12:00 p.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) 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 207-
767-0302 (Sector Northern New England 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 Northern New England 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. Sector Northern New England 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: May 16, 2016.
M.A. Baroody,
Captain, U. S. Coast Guard, Captain of the Port, Sector Northern New 
England.
[FR Doc. 2016-13342 Filed 6-3-16; 8:45 am]
 BILLING CODE 9110-04-P