[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Rules and Regulations]
[Pages 18943-18946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09187]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0118]
RIN 1625-AA00


Safety Zone, Volvo Ocean Race Newport; East Passage, Narragansett 
Bay, RI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of the East Passage, Narragansett Bay, RI, during the 
Volvo Ocean Race Newport marine event from May 17 to May 21, 2018. This 
safety zone is intended to safeguard mariners from the hazards 
associated with high-speed, high-performance sailing vessels competing 
in inshore races on the waters of the East Passage, Narragansett Bay, 
RI. Vessels will 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 or 
Patrol Commander (PATCOM).

DATES: This rule is effective from 11 a.m. May 17, 2018 through 7 p.m. 
May 21, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0118 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 rule, 
call or email LT Arthur Frooks, Waterways Management Division, Sector 
Southeastern New England, U.S. Coast Guard; telephone 401-435-2355, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
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 rule without prior notice 
and

[[Page 18944]]

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 notice of proposed rulemaking (NPRM) 
because it is impractical to provide and publish an NPRM with a full 
comment period. This safety zone is necessary to ensure the safety of 
vessels and persons in the East Passage before, during, and after the 
event. It is impractical to publish an NPRM, request comment, and then 
publish a final rule as this safety zone must be effective by May 17, 
2018.
    Under 5 U.S.C. 553(d)(3), the Coast Guard also finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because, in order to protect persons 
and vessels from the dangers associated with the scheduled event, it is 
necessary the safety zone is established by May 17, 2018.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port (COTP) Southeastern New England has 
determined that the Newport Volvo Ocean Race presents a potential 
safety concern to vessels, people, and the navigable waters of the East 
Passage of Narragansett Bay in the vicinity of Newport, R.I. This event 
is part of a world-wide race and it is expected to generate national 
and international media coverage, in addition to spectators on a number 
of recreational and excursion vessels. As a result, this rule is needed 
to ensure the safety of vessels and the navigable waters in the East 
Passage before, during, and after the scheduled event.

IV. Discussion of the Rule

    The Coast Guard is establishing this safety zone, in conjunction 
with the Volvo Ocean Race Newport, to ensure the protection of the 
maritime public and event participants from the hazards associated with 
large-scale marine events. This safety zone is of similar dimension and 
duration to the one established in 2015. The safety zone will extend 
from an east-west line across the East Passage of Narragansett Bay at 
the Newport Pell Bridge south to the COLREGS demarcation line between 
Brenton Pt and Beavertail Pt. The safety zone will be enforced only 
during times of actual sailing vessel racing.
    The East Passage of Narragansett Bay is the site of many marine 
events each year. As a result, vessel traffic, particularly 
recreational vessel traffic, is frequently required to utilize the West 
Passage of Narragansett Bay. Accordingly, the West Passage of 
Narragansett Bay may be a viable option for recreational vessels as 
well as many tug/barge combinations and smaller commercial vessels 
during the Volvo Ocean Race Newport.
    Regardless, the Coast Guard anticipates that some commercial and/or 
recreational vessels may still need to transit the East Passage of 
Narragansett Bay for a variety of reasons, including destination, 
familiarity with the waterway, tide restrictions, etc. Vessels may be 
able to continue transits through the East Passage, even during 
enforcement of the safety zone, as there may 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 in the East Passage, and will 
continue to do so for the entire event to avoid major interruptions to 
shipping schedules.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. We expect the 
adverse economic impact of this rule to be minimal. Although this 
regulation may have some adverse impact on the public, the potential 
impact will be minimized for the following reasons: the safety zone 
will be in effect for a maximum of eight hours each day for five 
consecutive days; vessels will only be restricted from the zone in the 
East Passage of Narragansett Bay during those limited periods when the 
races are actually ongoing; during periods when there is no actual 
racing (e.g., racing vessels 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, the West Passage 
of Narragansett Bay, that does not add substantial transit time, is 
already routinely used by mariners, and will not be affected by this 
safety zone; many vessels, especially recreational vessels, will still 
have sufficient room to transit the affected waterway; and vessels may 
enter or pass through the safety zone with the permission of the COTP 
or the COTP's representative.
    Notification of the Volvo Ocean Race Newport and the associated 
safety zone will 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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule will affect the following entities, some of which might 
be small entities: owners or operators of vessels intending to transit, 
fish, or anchor in the East Passage of Narragansett Bay, RI, during the 
Volvo Ocean Race Newport sailing races.
    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 will 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

[[Page 18945]]

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 will 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 above.

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 will 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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 safety zone in conjunction with the 
four-day Volvo Ocean Race Newport event and a fifth day reserved as a 
``rain date'' should inclement weather delay scheduled races. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration supporting this determination 
will be available in the docket where indicated under ADDRESSES.

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), Reporting 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, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T01-0118 to read as follows:


Sec.  165.T01-0118  Safety Zone for Volvo Ocean Race Newport, East 
Passage, Narragansett Bay, RI.

    (a) Location. The following area is a safety zone: From an east-
west line across the East Passage of Narragansett Bay at the Newport 
Bridge south to the COLREGS demarcation line between Brenton Pt and 
Beavertail Pt.
    (b) Enforcement period. Vessels will be prohibited from entering 
this safety zone, when enforced, during the Volvo Ocean Race Newport 
sailing vessel racing events each day between 11 a.m. and 7 p.m. from 
Thursday, May 17, 2018 to Monday, May 21, 2018.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant, petty officer, or designated 
Patrol Commander 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 this 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. Includes persons and vessels not registered with 
the event sponsor as participants or official patrol vessels.
    (d) Regulations. (1) The general regulations contained in Sec.  
165.23 as well as the following regulations apply to the safety zone 
established in conjunction with the Volvo Ocean Race Newport, East 
Passage, Narragansett Bay, Newport, RI. These regulations may be 
enforced for the duration of the event.
    (2) Approximately one hour prior to race start time each day of the 
event, the Coast Guard will announce via Safety Marine Information 
Broadcasts and local media the times and duration of each sailing race 
scheduled for that day, including 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.

[[Page 18946]]

    (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 Volvo Ocean 
Race at any time to ensure safety. Such action may be justified as a 
result of weather, traffic density, spectator actions, or participant 
behavior.

    Dated: April 16, 2018.
R.J. Schultz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New 
England.
[FR Doc. 2018-09187 Filed 4-30-18; 8:45 am]
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