[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Rules and Regulations]
[Pages 64068-64070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22463]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2016-0813]
RIN 1625-AA87


Security Zone; 22nd International Seapower Symposium Special 
Events, Rosecliff Mansion and Newport Marriott Hotel, Newport, RI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary 500-yard security 
zone on the waters adjacent to Rosecliff Mansion and the Newport 
Marriott Hotel, in Newport, Rhode Island, in conjunction with special 
events of the U.S. Navy's 22nd International Seapower Symposium. 
Vessels and people are prohibited from entering these security zones.

DATES: This rule is effective from 4 p.m. on September 20, 2016 through 
11:30 p.m. on September 22, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0813 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 
temporary rule, call or email Mr. Edward G. LeBlanc at 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
TFR Temporary Final Rule
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.''
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing a NPRM with respect to this rule. Because of 
the sensitive security issues related to these special events, the 
Coast Guard was not aware of the final details with sufficient time to 
solicit public comments. Thus, waiting for a full comment period to run 
would inhibit the Coast Guard's ability to keep senior military leaders 
and government officials, along with the general public, safe from 
subversive acts directed at these high visibility special events. 
Providing a prolonged public notice and comment period is contrary

[[Page 64069]]

to the public interest due to national security concerns.
    We are issuing this rule, and 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. For the same 
reasons discussed in the preceding paragraph, delaying the effective 
date of this rule would be contrary to the public interest.

III. Legal Authority and Need for Rule

    The legal authority for this rule is 33 U.S.C. 1231 which 
authorizes the Coast Guard to define Security Zones.
    The 22nd International Seapower Symposium is being held on Goat 
Island, Newport, RI, from September 18 to September 23, 2016. High 
level U.S. officials and delegates from over 125 countries are expected 
to attend. As part of the Symposium, special events are being held on 
the evenings of Tuesday, September 20 and Thursday, September 22, 2016, 
at Rosecliff Mansion and the Newport Marriott Hotel, respectively, 
which are waterfront properties in Newport, Rhode Island, and within 
the COTP, Southeastern New England zone. The COTP has determined that 
it is necessary to temporarily prohibit vessel traffic from transiting 
within 500 yards of Rosecliff Mansion (approximate position 41[deg]-
27'54'' N., 071[deg]-18'18'' W.) and the Newport Marriott Hotel 
(approximate position 41[deg]-29'23'' N., 071[deg]-19'04'' W.), 
Newport, RI, to safeguard the symposium attendees against potential 
sabotage, subversive acts, or other threats.

IV. Discussion of the Rule

    For the reasons discussed above, this rule establishes temporary 
500-yard security zones in the navigable waters adjacent to Rosecliff 
Mansion (approximate position 41[deg]-27'54'' N., 071[deg]-18'18'' W.) 
and the Newport Marriott Hotel (approximate position 41[deg]-29'23'' 
N., 071[deg]-19'04'' W.) respectively, in Newport, Rhode Island. These 
security zones will be effective and enforced at Rosecliff Mansion and 
the Newport Marriott Hotel from 4 p.m. to 11:30 p.m. on Tuesday, 
September 20 and Thursday, September 22, 2016, respectively. Vessels 
and persons will be prohibited from entering these security zones 
during this time.

V. 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 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, the rule has not been reviewed by the Office of Management 
and Budget.
    The Coast Guard expects the economic impact of this rule to be 
minimal, such that a full regulatory evaluation under the regulatory 
policies and procedures of DHS is unnecessary. The effect of this rule 
will be small, as the duration of the security zones is for only seven 
and a half hours on two separate evenings. Additionally, vessels may be 
permitted to transit and navigate in waters adjacent to this security 
zones, minimizing any adverse impact. Maritime advisories will be 
broadcasted.

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 
would not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
security zones may be small entities, for the reasons stated in section 
V.A above this 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 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 calls for no 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 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.

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

[[Page 64070]]

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 does 
not result in such an 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 the establishment of temporary security zones for special 
events being held in conjunction with the 22nd International Seapower 
Symposium. Normally such actions are categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of Commandant 
Instruction M16475.lD. An environmental analysis checklist and 
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), Reports and 
recordkeeping requirements, Security measures, and 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 temporary Sec.  165.T01-0813 to read as follows:


Sec.  165.T01-0813  Security Zones: Rosecliff Mansion and Newport 
Marriott Hotel, Newport, Rhode Island.

    (a) Location. The following areas are security zones: All navigable 
waters, from surface to bottom, within 500 yards of Rosecliff Mansion 
(approximate position 41[deg]-27'54'' N., 071[deg]-18'18'' W.) and the 
Newport Marriott Hotel (approximate position 41[deg]-29'23'' N., 
071[deg]-19'04'' W.), Newport, Rhode Island.
    (b) Effective and enforcement period. This rule will be effective 
and enforced from 4 p.m. to 11:30 p.m. on Tuesday, September 20, 2016 
at Rosecliff Mansion, and from 4 p.m. to 11:30 p.m. on Thursday, 
September 22, 2016, at the Newport Marriott Hotel.
    (c) Definitions. The following definitions apply to this section: 
``Designated on-scene patrol personnel'' means any commissioned, 
warrant and petty officers of the U.S. Coast Guard operating Coast 
Guard vessels who have been authorized to act on the behalf of the 
Captain of the Port, Southeastern New England.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.30 and 165.33 apply.
    (2) In accordance with the general regulations in 33 CFR 165.33 of 
this part, entry into or movement within these zones is prohibited 
unless authorized by the Captain of the Port, Southeastern New England.
    (3) Any vessel permitted to enter these security zones shall comply 
with the Coast Guard Captain of the Port or designated on-scene patrol 
personnel.
    (4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel shall proceed 
as directed.
    (5) Persons and vessels may request permission to enter the zone on 
VHF-16.

    Dated: August 31, 2016.
J.A. Smith,
Commander, U.S. Coast Guard, Acting Captain of the Port, Southeastern 
New England.
[FR Doc. 2016-22463 Filed 9-16-16; 8:45 am]
 BILLING CODE 9110-04-P