[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Rules and Regulations]
[Pages 64066-64068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22464]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2016-0790]
RIN 1625-AA87


Security Zone; 22nd International Seapower Symposium, Goat 
Island, Newport, RI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
along the western shore of Goat Island, Newport, Rhode Island, 
including the vicinity of Newport Harbor Light at the northeastern 
point of Goat Island to and around the Goat Island Connector between 
Goat Island and Newport, Rhode Island, in conjunction with the 22nd 
International Seapower Symposium. Entry into this zone by any vessel or 
persons is prohibited unless specifically authorized by the Captain of 
the Port (COTP), Southeastern New England or the COTP's designated on-
scene representative.

DATES: This rule is effective without actual notice from September 19, 
2016 until September 23, 2016. For the purposes of enforcement, actual 
notice will be used from September 18, 2016 until September 19, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0790 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 Information and Regulatory History

    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 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. Any delay 
encountered in this temporary rule's effective date would be contrary 
to the public interest given the immediate need to ensure the safety 
and security of event attendees.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231; which authorizes the Coast Guard to define Security Zones.
    This action is intended to temporarily prohibit vessel traffic from 
transiting within 250 yards of the western shore of Goat Island and 
within a 250 yard radius of Newport Harbor Light at the northeastern 
point of Goat Island and extending to 250 yards on either side of the 
Goat Island Connector between Goat Island and Newport, Rhode Island, to 
ensure the security of attendees to the 22nd International Seapower 
Symposium by properly safeguarding against potential sabotage, 
subversive acts, or other threats.

[[Page 64067]]

IV. Discussion of Comments, Changes, and the Rule

    The 22nd International Seapower Symposium is being held on Goat 
Island, Newport, RI, from September 18 through September 23, 2016. High 
level U.S. officials and delegates from over 125 countries are expected 
to attend. Goat Island, the site of the 22nd International Seapower 
Symposium, is waterfront property in Newport, Rhode Island, within the 
Captain of the Port, Southeastern New England zone.
    This rule establishes a temporary 250-yard security zone in the 
navigable waters adjacent to the western shore of Goat Island and in 
the vicinity of Newport Harbor Light at the northeastern point of Goat 
Island and extending to 250 yards on either side of the Goat Island 
Connector between Goat Island and Newport, Rhode Island, where the 22nd 
International Seapower Symposium is being held from September 18 
through September 23, 2016. Vessels and persons will be prohibited from 
entering this security zone during the 22nd International Seapower 
Symposium. The perimeter of the security zone along the western shore 
and northeast point of Goat Island will be clearly marked by six 
special purpose white buoys with orange stripes. It has been determined 
that the necessary security enhancements provided by this rule greatly 
outweigh any potential negative impacts. Public notifications will be 
made prior to and during the entire effective period of this security 
zone via marine information broadcasts and local notice to mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders relating 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.
    This regulatory action determination is based on the size, 
location, duration of the event. The effect of this rule will be small, 
as the duration of the security zone is for only six days. 
Additionally, vessels may be permitted to transit and navigate in 
waters adjacent to this security zone, minimizing any adverse impact. 
Maritime advisories will be broadcast. The Coast Guard anticipates 
negligible negative impact on vessel traffic from this temporary 
security zone. It will be in effect for only six days and will only 
affect waters adjacent to the western shore, northeast end of Goat 
Island, and the Goat Island Connector where there are no major 
channels, slips, marinas, or other waterfront facilities for 
recreational or commercial traffic. Additionally, the security zone is 
in effect in mid- to late-September when there is reduced vessel 
activity in the vicinity of Goat Island and vessels can transit safely 
around the security zone and in all other waters of Newport Harbor.

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 
safety zone 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.
    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 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 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,

[[Page 64068]]

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 a temporary 250-
yard security zone in the navigable waters in the vicinity of Newport 
Harbor 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 will be 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, 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; Department of Homeland Security Delegation No. 0170.1.


0
2. Add temporary Sec.  165.T01-0790 to read as follows:


Sec.  165.T01-0790  Security Zone: Goat Island, Newport, Rhode Island.

    (a) Location. The following area is a security zone: All navigable 
waters, from surface to bottom, within 250 yards of the western shore 
of Goat Island, Newport, Rhode Island, marked at its southern boundary 
by Goat Island Southwest Buoy ``1'' (U.S. Coast Guard Light List No. 
17825) in approximate position 41[deg]28'56.869'' N., 
71[deg]19'45.865'' W., and extending north parallel to the western 
shore to where it meets and includes an arc extending in a 250 yard 
radius around Newport Harbor Light (U.S. Coast Guard Light List No. 
17850) at position 41[deg]29'36.000'' N., 071[deg]19'37.800'' W. and 
extends to and includes waters within 250 yards on either side of the 
Goat Island Connector between Goat Island and Newport, Rhode Island.
    (b) Effective and enforcement period. This rule will be effective 
and enforced from 8:00 a.m. on September 18, 2016 to 8:00 p.m. on 
September 23, 2016.
    (c) Definitions. The following definitions apply to this section: 
``Designated on-scene patrol personnel'' means any commissioned, 
warrant and petty officers of the 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 
165.33 apply.
    (2) In accordance with the general regulations in Sec.  165.33 of 
this part, entry into or movement within this zone is prohibited unless 
authorized by the Captain of the Port, Southeastern New England.
    (3) All persons and vessels shall comply with the Coast Guard 
Captain of the Port or designated on-scene patrol personnel.
    (4) Upon being hailed by a 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. 2016-22464 Filed 9-16-16; 8:45 am]
 BILLING CODE 9110-04-P