[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Proposed Rules]
[Pages 13081-13084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04563]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2016-1022]
RIN 1625-AA08; AA00


Special Local Regulations and Safety Zones; Annually Recurring 
Events in Coast Guard Southeastern New England Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to amend a special local regulation 
to change the method of providing notice to the public when enforcing 
the safety zone associated with the biennial

[[Page 13082]]

Newport/Bermuda Race. The Coast Guard also proposes to establish 
permanent safety zones in Coast Guard Southeastern New England Captain 
of the Port (COTP) Zone for several recurring marine events. When the 
special local regulation or safety zones are activated and subject to 
enforcement, vessels and people may be restricted from portions of 
water areas that may pose a hazard to public safety. The revised 
special local regulation and safety zones would expedite public 
notification of the applicable marine events, and help protect the 
maritime public and event participants from hazards associated with 
these recurring marine events. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 10, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-1022 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 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
LNTM Local Notice To Mariners
NOE Notice of Enforcement
NPRM Notice of proposed rulemaking
Sec.  Section
TFR Temporary Final Rule
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The legal basis for the proposed rule is 33 U.S.C. 1225, 1226, 
1231, 1233; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 
Public Law 107-295, 116 Stat. 2064; and Department of Homeland Security 
Delegation No. 0170.1, which collectively authorize the Coast Guard to 
define safety zones and special local regulations.
    In 33 CFR part 100.119 the Coast Guard is required to publish a NOE 
in the Federal Register (FR) for the safety zone associated with the 
Newport/Bermuda Race. We have found this process to be cumbersome for 
the Coast Guard and of little value to the maritime public, as few read 
the FR on a regular basis. For virtually all other recurring marine 
events in the Southeastern New England COTP Zone, including those 
listed in 33 CFR 165, NOE is required to be published in the weekly 
LNTM, a far more widely-read publication among mariners. Consequently, 
the Coast Guard is proposing to change the means by which we provide 
NOE for the Newport/Bermuda Race safety zone from the FR to the LNTM.
    Likewise, most recurring marine events in the Southeastern New 
England COTP Zone are listed in the Table to 33 CFR 165.173. In the 
past few years two new recurring marine events, (1) the Fall River 
Grand Prix, and (2) the Cape Cod Bay Challenge, have been held in this 
Zone, and the Coast Guard has established safety zones through a TFR 
each year as necessary. This proposed rule includes these recurring 
events in the comprehensive list of recurring marine events in the 
Table at 33 CFR 165.173. By including these two newer events in the 
permanent regulations at 33 CFR 165, the Coast Guard will eliminate the 
need to establish temporary rules each year.

III. Discussion of Proposed Rule

    The Coast Guard proposes to change the method of providing a NOE to 
the public for the biennial Newport to Bermuda Race by deleting the 
requirement to post notice in the FR and instead require a NOE to be 
posted in the LNTM, as is done for all other Coast Guard-permitted 
recurring marine events in the Coast Guard Southeastern New England 
COTP zone.
    The Coast Guard also proposes to established safety zones for two 
recently-established major annual marine events: (1) The Fall River 
Grand Prix, and (2) the Cape Cod Bay Challenge. The two events would be 
included in the Table at 33 CFR 165.173, which is a listing of 
recurring major marine events in the Coast Guard Southeastern New 
England COTP Zone. The TABLE provides the event name, type, and 
approximate safety zone dimensions as well as approximate dates, times, 
and locations of the events. The specific times, dates, regulated areas 
and enforcement period for each event will be provided through the 
Local Notice to Mariners.
    This proposed regulation would prevent vessels from transiting 
through special local regulation areas or safety zones during the 
periods of enforcement to ensure the protection of the maritime public 
and event participants from the hazards associated with listed annual 
recurring events. Only event sponsors, designated participants, and 
official patrol vessels will be allowed to enter safety zones and 
special local regulation areas. Spectators and other vessels not 
registered as event participants may not enter the regulated areas 
without the permission of the COTP or the COTP's 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.
    With respect to the change in method of providing the NOE for the 
Newport/Bermuda Race, this NPRM proposes utilizing an approach that the 
Coast Guard believes is more effective, less costly, and more flexible. 
By utilizing an LNTM to provide the NOE for the Newport/Bermuda race, 
the Coast Guard will be able to better inform waterway users in a more 
timely manner. With respect to the safety zones for the recurring 
marine events, this regulatory action determination is based on the 
size, location, duration, and time-of-day of the safety zone. Vessels 
will only be restricted from safety zones and special local regulation 
areas for a short duration of time; vessels may transit in all portions 
of the affected waterway except for those areas covered by the proposed 
regulated areas, and vessels may enter or pass through the affected 
waterway with the permission of the COTP or the COTP's representative. 
By including these two recurring marine events in the permanent 
regulation at 33 CFR 165.173, the Coast Guard will eliminate the need 
to establish individual temporary rules for each separate event that 
occurs on an annual

[[Page 13083]]

basis, thereby limiting the costs of cumulative regulations.
    Notifications will be made to the local maritime community through 
the LNTM in advance of the events. The Notifications will include the 
exact dates and times of enforcement, and no new or additional 
restrictions will be imposed on vessel traffic.

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.
    While some owners or operators of vessels intending to transit the 
safety zones 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 makes an 
administrative change to the method of notification of one marine 
event, and involves the establishment of temporary safety zones in 
conjunction with two recurring marine events in Southeastern New 
England COTP Zone. 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

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record-keeping 
requirements, Waterways.

[[Page 13084]]

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 parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for Part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Revise paragraph (c) to read as follows:
* * * * *
    (c) Effective date. This section is in effect biennially on a date 
and times published in the Local Notice To Mariners.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. 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
4. Add new section 8.4 and 8.5 to the Table at Sec.  165.173.


Sec.  165.173  Safety Zones for annually recurring marine events held 
in Coast Guard Southeastern New England Captain of the Port Zone.

* * * * *

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
8.4 Fall River Grand Prix...........   Event Type: Offshore powerboat race.
                                       Date: One weekend (Friday, Saturday, & Sunday) in August as
                                       announced in the Local Notice to Mariners.
                                       Time: Approximately 8 a.m. to 5 p.m. daily
                                       Location: Taunton River, Massachusetts, in the vicinity Fall
                                       River and Somerset, MA.
                                       Safety Zone Dimension: 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
                                       Bridge. The safety zone is encompassed by the following coordinates (NAD
                                       83):
                                     ---------------------------------------------------------------------------
                                               Corner                   Latitude                Longitude
                                     ---------------------------------------------------------------------------
                                      SW.                       41[deg]41.40' N.         71[deg]11.15' W.
                                      NW.                       41[deg]41.48' N.         71[deg]11.15' W.
                                      SE.                       41[deg]42.33' N.         71[deg]09.40' W.
                                      NE.                       41[deg]42.42' N.         71[deg]09.47' W.
                                     ---------------------------------------------------------------------------
8.5 Cape Cod Bay Challenge..........   Event Type: Paddleboard excursion.
                                       Date: One weekend day (Saturday or Sunday) in August.
                                       Time: Approximately 4:30 a.m. to 4:30 p.m.
                                       Location: Departing from Scusset Beach, Sandwich, MA, and
                                       transiting to Wellfleet Harbor, Wellfleet, MA.
                                       Position: A line drawn from Scusset Beach at approximate position
                                       41[deg]47' N., 70[deg]30' W., to Wellfleet Harbor at approximate position
                                       41[deg]53' N., 70[deg]02' W. (NAD 83).
                                       Safety Zone Dimension: Approximately 500 yards extending in each
                                       direction from the line described above.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: February 22, 2017.
Richard J. Schultz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New 
England.
[FR Doc. 2017-04563 Filed 3-8-17; 8:45 am]
 BILLING CODE 9110-04-P