[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Rules and Regulations]
[Pages 29691-29694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11689]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0035]
RIN 1625-AA08


Special Local Regulation; East Passage, Narragansett Bay, RI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending an existing special local 
regulation for certain waters of the East Passage, Narragansett Bay, 
RI. This action is necessary to provide for the safety of life on these 
navigable waters near East Passage, Narragansett Bay, RI, during a sail 
boat race. This regulation would prohibit persons and vessels from 
entering the special local regulation unless authorized by the Captain 
of the Port Sector Southeastern New England or a designated 
representative.

DATES: This rule is effective July 6, 2021.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
amended regulation, call or email LT Benjamin Aaronson, Waterways 
Management Division, U.S. Coast Guard; telephone (401) 435-2355, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Southeastern New England

[[Page 29692]]

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Captain of the Port Sector Southeast New England (COTP) is 
amending an existing special local regulation found in 33 CFR 100.119 
for certain waters of the East Passage, Narragansett Bay, RI. This 
action is necessary to provide for the safety of life on these 
navigable waters near East Passage, Narragansett Bay, RI, during a sail 
boat race requiring a limited access area restricting vessel traffic 
for safety purposes.
    On March 9, 2020, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Special Local Regulation; East Passage, 
Narragansett Bay, RI (85 FR 13595). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this special local regulation. During the comment period that ended 
April 8, 2020, two comments were recieved.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. Based on the nature of this sailboat race, large numbers of 
participants and spectators, and event locations, the COTP has 
determined that the potential hazards associated with the event listed 
in this rule could pose a risk to participants or waterways users if 
the normal vessel traffic were to interfere with the events. Possible 
hazards include risks of injury or death from near or actual contact 
among participant vessels and spectators or mariners traversing through 
the regulated area. This purpose of this rule is to ensure the safety 
of all waterway users, including event participants, spectators, and 
vessels during this scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received two comments on the NPRM published 
March 9, 2020 that were not relevant to this rulemaking. Both of these 
comments were submitted anonymously and unrelated to this rulemaking. 
There is one change in the regulatory text of this rule from the 
proposed rule in the NPRM. The last longitudinal coordinate of 
072[deg]22'83'' W was changed to 071[deg]22'83'' W in the first 
regulated area due to a typing error.
    This rule amends a special local regulation found in 33 CFR 100.119 
currently reads as follows:
    Regulated area. The regulated area includes all waters of 
Narragansett Bay, Newport, RI, within the following points (NAD 83):

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
41[deg]27'51'' N                     071[deg]22'14'' W
41[deg]27'24'' N                     071[deg]21'57'' W
41[deg]27'09'' N                     071[deg]22'39'' W
41[deg]27'36'' N                     072[deg]22'55'' W
------------------------------------------------------------------------

    In the event that weather conditions prohibit a safe race start 
within the approach to Newport Harbor, the race will begin offshore and 
the following regulated area applies (NAD 83):

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
41[deg]26'04'' N                     071[deg]22'16'' W
41[deg]25'36'' N                     071[deg]21'58'' W
41[deg]25'45'' N                     071[deg]22'40'' W
41[deg]25'49'' N                     071[deg]22'56'' W
------------------------------------------------------------------------

    The amended regulation would be to expand the size of the first 
regulated area and to adjust the latitude and longitude of the second 
regulated area to encompass a new potential starting line for the race 
to accommodate for ideal weather parameters. The special local 
regulation would cover all navigable waters from an area just south of 
Rose Island expanding just past Castle Hill, RI, and also an area near 
Brenton Point. The amended location of the special local regulation is 
as follows:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
41[deg]29'13'' N                     071[deg]20'07'' W
41[deg]29'41'' N                     071[deg]20'87'' W
41[deg]27'27'' N                     071[deg]22'00'' W
41[deg]27'45'' N                     071[deg]22'83'' W
------------------------------------------------------------------------

    In the event that weather conditions prohibit a safe race start 
within the approach to Newport Harbor, the race will begin offshore and 
the following regulated area applies (NAD 83):

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
41[deg]26'06'' N                     071[deg]22'27'' W
41[deg]25'60'' N                     071[deg]21'97'' W
41[deg]25'36'' N                     071[deg]22'65'' W
41[deg]25'82'' N                     071[deg]22'93'' W
------------------------------------------------------------------------

    The starting line will take place within one of the amended 
regulated areas and will be decided prior to the race pending current 
weather conditions. The starting line box will be the restricted part 
of the waterway within the regulated area and that exact location will 
be broadcasted prior to the race start. The duration of the special 
local regulation is intended to ensure the safety of vessels and these 
navigable waters before, during, and after the scheduled sail boat 
race. No vessel or person is permitted to enter the special local 
regulation without obtaining permission from the COTP or a designated 
representative. They may be contacted on VHF-FM Channel 16 or by phone 
at 508-457-3211. Persons and vessels permitted to enter this special 
local regulation must transit at their slowest safe speed and comply 
with all lawful directions issued by the COTP or a designated 
representative. The COTP or a designated representative will inform the 
public through broadcast notices to mariners of the enforcement period 
for the special local regulation as well as any changes in the planned 
schedule. The regulatory text we are amending appears at the end of 
this document.

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 special local regulation. We 
expect the adverse economic impact to this area to be minimal. Although 
this regulation may have adverse impact on the impact, the potential 
impact will be minimized for the following reasons: The special local 
regulation will be in effect for a maximum of 6 hours during the day of 
the event; vessels will only be restricted from the area in the East 
Passage of the Narragansett Bay during those limited periods when the 
races are actually on going; 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 special local regulation. Moreover, the Coast Guard

[[Page 29693]]

would issue a Broadcast Notice to Mariners (BNMs) via VHF-FM marine 
channel 16 about the area, and the rule would allow vessels to seek 
permission to enter the area.

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 
amended 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 
special local regulation may be small entities, for the reasons stated 
in section IV.A above, this amended 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 (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 
call or email 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 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.

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, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 amended rule involves 
a special local regulation lasting approximately 6 hours that would 
prohibit entry within the regulated area. Such actions are 
categorically excluded from further review under paragraph L 61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 46 U.S.C. 70041.


0
2. Revise Sec.  100.119 to read as follows:


Sec.  100.119   Special Local Regulation; East Passage, Narragansett 
Bay, RI.

    (a) Regulated area. (1) The regulated area includes all waters of 
Narragansett Bay, Newport, RI, within the following points (NAD 83):

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
41[deg]29'13'' N                     071[deg]20'07'' W
41[deg]29'41'' N                     071[deg]20'87'' W
41[deg]27'27'' N                     071[deg]22'00'' W
41[deg]27'45'' N                     071[deg]22'83'' W
------------------------------------------------------------------------

    (2) In the event that weather conditions prohibit a safe race start 
within the approach to Newport Harbor, the race will begin offshore and 
the following regulated area applies (NAD 83):

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
41[deg]26'06'' N                     071[deg]22'27'' W
41[deg]25'60'' N                     071[deg]21'97'' W
41[deg]25'36'' N                     071[deg]22'65'' W
41[deg]25'82'' N                     071[deg]22'93'' W
------------------------------------------------------------------------

    (b) Effective period. This special local regulation is in effect 
biennially on a date and times published in the Local Notice to 
Mariners.
    (c) Special local regulations. (1) Entry into this area is 
prohibited unless authorized by the Captain of the Port Sector 
Southeastern New England (COTP) or a designated representative. A 
designated representative is a commissioned, warrant, or petty officer 
of the U.S. Coast Guard assigned to units under the operational control 
of USCG Sector Southeastern New England.
    (2) Persons or vessels seeking to enter the regulated area must 
request permission from the COTP or a

[[Page 29694]]

designated representative on VHF-FM channel 16 or by telephone at 508-
457-3211.
    (3) Persons and vessels permitted to enter this regulated area must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through local notice to mariners 
and Broadcast Notices to Mariners of the enforcement period for the 
regulated area as well as any changes in the planned schedule.

    Dated: April 14, 2021.
C.J. Glander,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New 
England.
[FR Doc. 2021-11689 Filed 6-2-21; 8:45 am]
BILLING CODE 9110-04-P