[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Rules and Regulations]
[Pages 23140-23143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10387]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 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: Final rule.

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SUMMARY: The Coast Guard is amending a special local regulation to 
change the method of providing notice to the public when enforcing the 
safety zone associated with the biennial Newport/Bermuda Race. The 
Coast Guard is also establishing permanent safety zones in Coast Guard 
Southeastern New England Captain of the Port (COTP) Zone for two 
recurring marine events. When the special local regulation or safety 
zones are activated and subject to enforcement, vessels and people will 
be restricted from portions of water areas that may pose a hazard to 
public safety. The revised special local regulation and safety zones 
will 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.

DATES: This rule is effective June 21, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-1022 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 about this rule, 
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:

[[Page 23141]]

I. Table of Acronyms

CFR Code of Federal Regulations
COTP Captain of the Port
DHS epartment 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 Information and Regulatory History

    On March 9, 2017, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Special Local Regulations and Safety Zones; 
Annually Recurring Marine Events in Coast Guard Southeastern New 
England Captain of the Port Zone'' (82 FR 13081). There we stated why 
we issued the NPRM, and invited comments on our regulatory action. 
During the comment period that ended on April 10, 2017, 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, 1233; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; and 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to define safety zones and 
special local regulations.
    The Captain of the Port (COTP) Southeastern New England has 
determined that this rule will improve the method of providing notice 
to the public when enforcing the safety zone associated with the 
biennial Newport/Bermuda Race. The COTP Southeastern New England has 
also determined that establishing permanent safety zones for both the 
Fall River Grand Prix and the Cape Cod Bay Challenge will enhance the 
safety of vessels and the navigable waters in the safety zone during 
these scheduled events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
March 9, 2017. There are no changes in the regulatory text of this rule 
from the proposed rule in the NPRM. This rule amends a special local 
regulation to change the method of providing notice to the public when 
enforcing the safety zone associated with the biennial Newport/Bermuda 
Race. This rule also establishes permanent safety zones in Coast Guard 
Southeastern New England Captain of the Port (COTP) Zone for two 
recurring marine events: (1) The Fall River Grand Prix, and (2) the 
Cape Cod Bay Challenge. The two events will 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.
    When the special local regulation or safety zones are activated and 
subject to enforcement, vessels and people will be restricted from 
portions of water areas that may pose a hazard to public safety. The 
revised special local regulation and safety zones will 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.

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, this rule 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 rule utilizes 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 timelier 
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 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 is eliminating the need to establish 
individual temporary rules for each separate event that occurs on an 
annual basis, thereby limiting the costs of repetitive rulemaking.
    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 rule 
does 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 above this rule will 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 (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

[[Page 23142]]

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 does 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 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 does 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, 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 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. These actions are categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of Commandant 
Instruction M16475.lD. A Record of Environmental Consideration (REC) 
supporting this determination 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 
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

33 CFR Part 100

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

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 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. In Sec.  100.119, revise paragraph (c) to read as follows:


Sec.  100.119  Newport-Bermuda Regatta, Narragansett Bay, Newport, RI.

* * * * *
    (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. In Sec.  165.173, add sections 8.4 and 8.5 to the Table to read as 
follows:


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

* * * * *

                         Table to Sec.   165.173
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                              * * * * * * *
8.0                                              AUGUST
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                              * * * * * * *
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 8:00 a.m. to
                                5 p.m. daily
                                Location: Taunton River,
                                Massachusetts, in the vicinity of 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):
 

[[Page 23143]]

 
                                  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.
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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.
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* * * * *

    Dated: May 10, 2017.
Richard J. Schultz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New 
England.
[FR Doc. 2017-10387 Filed 5-19-17; 8:45 am]
BILLING CODE 9110-04-P