[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Rules and Regulations]
[Pages 40188-40190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14642]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 ensures the protection of the event 
participants, support vessels, and the maritime public from the hazards 
associated with the event. This regulation prohibits 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.

DATES: This rule is effective from 7:00 a.m. to 12:30 p.m. on July 23, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0004 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email, 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 Regulations
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983
Sec.  Section

II. Background, Purpose, and Legal Basis

    On October 23, 2015, the Coast Guard was notified 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. In response, on March 2, 2016, the Coast Guard published 
an NPRM titled Safety Zone; Misery Challenge, Manchester Bay, 
Manchester, MA (81 FR 10820). There we stated why we issued the NPRM, 
and invited comments on our proposed regulatory action related to this 
event. During the comment period that ended April 1, 2016, we received 
no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP Boston has determined that potential hazards associated 
with the event on July 23, 2016 will be a safety concern for the 
participants and support vessels. The purpose of this rule is to ensure 
safety of participants, vessels and the navigable waters in the safety 
zone before, during, and after the scheduled event.

IV. Discussion of Proposed Rule

    As noted above, we received no comments on our NPRM published on 
March 2, 2016. There are no changes in the regulatory text of this rule 
from the proposed rule in the NPRM.
    This rule establishes a safety zone from 7:00 a.m. to 12:30 p.m. on 
July 23, 2016 with a weather date on July 24, 2016. The safety zone 
will 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. 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 appears at the end of this document.

V. Regulatory Analyses

    We developed this 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 rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it 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 5 and \1/2\ 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

[[Page 40189]]

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 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.
    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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order13132, 
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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this 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 rule would not result 
in such expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. 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 (42 U.S.C. 4321-4370f), and have determined 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 a safety zone lasting 5 and 1/2 hours that would prohibit 
entry within 100 yards of the participants and vessels in support of 
the event. It is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination 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.

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.

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 100 yards from the participants 
and vessels in support of events in Manchester Bay, Manchester, 
Massachusetts, 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.

    (2) Effective and Enforcement Period. This rule will be effective 
on July 23, 2016, from 7:00 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

[[Page 40190]]

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, 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 13, 2016.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2016-14642 Filed 6-20-16; 8:45 am]
BILLING CODE 9110-04-P