[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Rules and Regulations]
[Pages 47217-47219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18095]


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DEPARTMENT OF HOMELAND SAFETY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0656]
RIN 1625-AA00


Safety Zone; Solo Swim, Rhode Island Sound, Block Island, RI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Rhode Island Sound within 500 yards of the swimmer 
crossing the channel from Block Island, Rhode Island to East Matunuck, 
Rhode Island. This safety zone is needed to protect the swimmer, event 
sponsors' safety vessels, and others in the maritime community from the 
safety hazards that may arise during his event. When enforced, entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Sector Southeastern New England 
or a designated representative.

DATES: This rule is effective from 6 a.m. on August 23, 2021, through 2 
p.m. on August 25, 2021. But it will only be subject to enforcement 
from 6 a.m. to 2 p.m. on one of these dates.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2021-0656 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 Petty Officer Joshua Herriott, Sector Southeastern New 
England, U.S. Coast Guard; telephone (401) 435-2342, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Southeastern New England
DHS Department of Homeland Safety
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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. 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) with respect to this rule because publishing an NPRM 
would be impracticable and contrary to the public interest. The Coast 
Guard was notified of the swim event from Block Island, Rhode Island to 
East Matunuck, Rhode Island without ample time to allow for a 
reasonable comment period and consider those comments before issuing 
the rule. The safety zone must be established by August 23, 2021, to 
protect the swimmer, as well as spectators and areas in the area during 
the ``Solo Swim'' event.
    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. Delaying the effective date of 
this rule would be impracticable because action is needed to protect 
the swimmer and ensure the safety in the navigable waters within the 
safety zone during the ``Solo Swim'' event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector 
Southeastern New England (COTP) has determined that potential hazards 
exist while the swimmer is crossing the recommended vessel route. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone in Rhode 
Island Sound for all navigable waters within 500 yards of the swimmer 
crossing the recommended vessel route at approximately 41-17.5N, 71-
32.0W, during his participation in the ``Solo Swim'' from Block Island, 
Rhode Island to East Matunuck, Rhode Island. No vessel or person will 
be permitted to

[[Page 47218]]

enter the safety zone on one day between August 23, 2021, and August 
25, 2021, from 6 a.m. through 2 p.m. Although the safety zone will only 
be enforced on a single day between August 23, 2021 and August 25, 2021 
the additional days will allow the swimmer a weather window to conduct 
a safe swim. Entry into this safety zone is prohibited unless 
specifically authorized by the COTP or their 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 U.S. Coast Guard Sector Southeastern New England.
    Requests for entry will be considered and reviewed on a case-by-
case basis. The COTP may be contacted by telephone at 508-457-3211 or 
can be reached by VHF-FM channel 16. Persons and vessels permitted to 
enter this safety zone must transit at their slowest safe speed and 
comply with all lawful directions issued by the COTP or the designated 
representative.

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-year of the safety zone. This safety 
zone will restrict vessel traffic from entering or transiting in all 
navigable waters in Rhode Island Sound for all navigable waters within 
500 yards of the swimmer crossing the recommended vessel route at 
approximately 41-17.5N, 71-32.0W, during his participation in the 
``Solo Swim'' from Block Island, Rhode Island to East Matunuck, Rhode 
Island. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone, and the rule 
allows vessels to seek permission to enter the zone.

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.
    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 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 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 Safety 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guides 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 
a safety zone on one day between August 23, 2021 and August 25, 2021, 
from 6:00 a.m. through 2:00 p.m. that will prohibit entry all navigable 
waters in Rhode Island Sound for all navigable waters within 500 yards 
of the swimmer crossing the recommended vessel route at approximately 
41-17.5N, 71-32.0W, during his participation in the ``Solo Swim'' from 
Block Island, Rhode Island to East Matunuck, Rhode Island. 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. 1. A 
Record of Environmental Consideration

[[Page 47219]]

supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

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 safety 
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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Safety Delegation No. 0170.1, 
Revision No. 01.2.


0
2. Add Sec.  165.T01-0656 to read as follows:


Sec.  165.T01-0656  Safety zone; Block Island Sound, Block Island, RI.

    (a) Location. The following area is a safety zone: All navigable 
waters in Rhode Island Sound within 500 yards of the swimmer crossing 
the recommended vessel route at approximately 41-17.5N, 71-32.0W, 
during his participation in the ``Solo Swim'' from Block Island, Rhode 
Island to East Matunuck, Rhode Island.
    (b) Enforcement period. This section will be enforced from 6 a.m. 
through 2 p.m. on August 23, 2021, August 24, 2021, or August 25, 2021.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's 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 U.S. Coast Guard 
Sector Southeastern New England.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. To seek entry 
into the safety zone, contact the COTP or the COTP's representative by 
telephone at 508-457-3211 or on VHF-FM channel 16.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notice to Mariners of any 
changes in the planned schedule.

    Dated: August 18, 2021.
P.J. Mangini,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector 
Southeastern New England.
[FR Doc. 2021-18095 Filed 8-23-21; 8:45 am]
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