[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Proposed Rules]
[Pages 41902-41905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15331]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0448]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary 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 August 27-28, 2016. This safety zone is intended to safeguard 
mariners from the hazards associated with high-speed, high-performance 
motorboats competing in the event. Vessels would be 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. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 28, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0448 using the Federal e-Rulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for

[[Page 41903]]

further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, contact Mr. Edward G. LeBlanc, Chief of the 
Waterways Management Division at Coast Guard Sector Southeastern New 
England, telephone 401-435-2351, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

CFR Code of Federal Regulations
COTP Captain of The Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Borden Light Marina of Fall River, MA, notified the Coast guard 
that it intends to conduct the 2nd annual Fall River Grand Prix 
powerboat races in the vicinity of the Taunton River and Mt Hope Bay 
adjacent to the Fall River waterfront. Similar to the inaugural event 
in 2015, this is a two-day event where high-speed, high-performance 
motorboats participate in controlled races within a well-defined water 
area. The COTP Southeastern New England has determined that potential 
hazards associated with the Fall River Grand Prix require a safety zone 
in the vicinity of the Taunton River and Mt Hope Bay, in waters 
adjacent to Fall River, to provide for both participant and spectator 
safety.
    The purpose of this rulemaking is to ensure the safety of vessels 
and spectators in the vicinity of the Fall River Grand Prix before, 
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 2nd Annual Fall River Grand Prix is a two-day event where high-
speed, high-performance motorboats participate in controlled races 
within a well-defined water area. The safety zone proposed in this NPRM 
will 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 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. The Coast Guard 
anticipates little concern with the proposed safety zone by mariners, 
as there is little major commercial vessel activity in Mt Hope Bay and 
the Taunton River in the vicinity of Fall River, MA, and most 
recreational vessels are not restricted to the deep draft channel and 
can easily transit via alternate routes. Also, the safety zone will be 
enforced only during periods of actual racing, which will be limited to 
only a few hours on each of the two days of the event.
    Regardless, in the unlikely situation where a commercial or 
recreational vessel may still need to transit Mt Hope Bay and the 
Taunton River in the vicinity of Fall River, MA, for any number of 
reasons including destination, familiarity with the waterway, tide 
restrictions, etc., these vessels may be able to continue transits 
through Mt Hope Bay and the Taunton River, even during enforcement of 
the safety zone, as there will be sufficient room for most recreational 
vessels and some commercial vessels to pass to the west of the safety 
zone. Also, the Coast Guard routinely works with the local marine pilot 
organization and shipping agents to coordinate vessel transits during 
marine events, and would continue to do so for the entire event to 
avoid major interruptions to shipping schedules.
    The Coast Guard proposes to add a temporary safety zone that would 
encompass the navigation channel from approximately Mt Hope Bay buoy 
R10 southwest of Brayton Point channel, and would extend approximately 
two miles to the northeast up to and including Mt Hope Bay buoy C17 
north of the I-195/Braga Bridge. The safety zone would be enforced only 
during times of actual vessel racing.

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 adverse economic impact of this proposed rule to be 
minimal. Although this regulation may have some adverse impact on the 
public, the potential impact would be minimized for the following 
reasons: The safety zone will be in effect for only a few hours each 
day for two 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 proposed 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 would be made to mariners through the Rhode Island Port Safety 
Forum, local Notice to Mariners, event sponsors, and local media 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 would not have a significant economic impact on a 
substantial number of small entities.

[[Page 41904]]

    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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 
section. 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 would 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.

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 the 
establishment of a temporary safety zone in conjunction with the Fall 
River Grand Prix event, a high-speed, high-performance motorboat racing 
event. 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:

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.T0448 to read as follows:


Sec.  165.T0448  Safety Zone for the 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

[[Page 41905]]

Bridge. The safety zone is encompassed by the following coordinates:

------------------------------------------------------------------------
            Corner                   Latitude             Longitude
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SW...........................  41[deg]41.40' N.      7[deg]11.15' W.
NW...........................  41[deg]41.48' N.      71[deg]11.1' W.
SE...........................  41[deg]42.33' N.      71[deg] 09.40' W.
NE...........................  41[deg]42.42' N.      71[deg]09.47' W.
------------------------------------------------------------------------

    (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 Saturday, August 27, 2016 
to Sunday, August 28, 2016.
    (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: June 14, 2016.
Richard J. Shultz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New 
England.
[FR Doc. 2016-15331 Filed 6-27-16; 8:45 am]
 BILLING CODE 9110-04-P