[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Rules and Regulations]
[Pages 31175-31178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10430]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0202]
RIN 1625-AA00


Safety Zone; East Passage Narragansett Bay, RI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing two temporary safety zones but 
will only enforce one, based on the local weather conditions the day of 
the event for navigable waters of the East Passage, Narragansett Bay, 
RI during The Ocean Race marine event on May 20, 2023. The safety zone 
is needed 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. 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 noon through 5 p.m. on May 20, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0202 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST2 Christopher Matthews, Waterways Management Division, 
Sector Southeastern New England, U.S. Coast Guard; telephone 401-435-
2348, 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 Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 3, 2023, the Ocean Race committee notified the Coast Guard 
that they would be conducting a sailboat race from noon through 5 p.m. 
on May 20, 2023. The sailboat race will take place in the vicinity of 
the East Passage in Narragansett Bay, RI, near the Newport Pell Bridge.
    The Captain of the Port Sector Southeastern New England (COTP) has 
determined that potential hazards associated with the sailboat race 
would be a safety concern for anyone attempting to transit within East 
Passage in Narragansett Bay, RI. 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, 
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) with respect to this 
rule because doing so would be impracticable and contrary to the public 
interest.
    The details of this event were not known to the Coast Guard in 
sufficient time to publish an NPRM. Delaying the effective date of this 
rule to wait for a comment period to run would be impracticable and 
contrary to the public interest because it would inhibit the Coast 
Guard's ability to protect the public and vessels from the hazards 
associated with the sailing event. The expeditious implementation of 
this rule is in the public interest because it will help ensure the 
safety of event participants, spectators, waterway users, and 
surrounding vessels.
    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 and contrary to the public interest 
because immediate action is needed to respond to the potential safety 
hazards associated with this world-wide sailing 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 COTP has determined that The 
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 two temporary safety zones, in 
conjunction with The Ocean Race, to ensure the protection of the 
maritime public and event participants from the hazards

[[Page 31176]]

associated with large-scale marine events. Although we are establishing 
two temporary safety zones, Safety Zone ``A'' and Safety Zone ``B'', 
only one safety zone will be enforced based on the local weather 
conditions the day of the race. We will make notice of exactly what 
safety zone will be enforced via broadcast notice to mariners. The 
safety zone, either Safety Zone ``A'' or Safety Zone ``B'', will be 
enforced on May 20, 2023, from 12:00 until 5:00 p.m. Safety Zone ``A'' 
encompasses all navigable waters located within the following latitude 
and longitude points, 41.497N, 071.359W; 41.490N, 071.361W; 41.483N, 
071.330W; 41.490N, 071.329W. Safety Zone ``B'' encompasses all 
navigable waters located within the following latitude and longitude 
points, 41.473N, 071.356W; 41.467N, 071.350W; 41.482N, 071.335W; 
41.488N, 071.341W.
BILLING CODE 9110-04-P
[GRAPHIC] [TIFF OMITTED] TR16MY23.002

BILLING CODE 9110-04-C

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. A summary of our analyses based 
on these statutes and Executive Orders follows.

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. 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).
    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 five hours for one day; 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

[[Page 31177]]

through the safety zone with the permission of the COTP or the COTP's 
representative.
    Notification of The Ocean Race and the associated safety zone will 
be made to mariners through the Local Notice to Mariners. The morning 
of the race the Coast Guard would issue a Broadcast Notice to Mariners 
via VHF-FM marine channel 16 regarding which zone will be enforced.

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 
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 rule involves a 
temporary safety zone lasting only 5 hours over a one-day period that 
will prohibit entry into a portion of the East Passage of Narragansett 
Bay. There are two potential areas, Safety Zone ``A'' and Safety Zone 
``B''. Safety Zone ``A'' encompasses all navigable waters located 
within the following latitude and longitude points, 41.486 N, 071.343 
W; 41.482 N, 071.335 W; 41.469 N, 071.350 W; 41.475 N, 071.358 W. 
Safety Zone ``B'' encompasses all navigable waters located within the 
following latitude and longitude points, 41.498 N, 071.361 W; 41.492 N, 
071.362 W; 41.483 N, 071.334 W; 41.491 N, 071.330 W. 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 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 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 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, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T01-0202 to read as follows:


Sec.  165.T01-0202  Safety Zone; The Ocean Race, East Passage, 
Narragansett Bay, RI.

    (a) Location. The following areas are a safety zone, Safety Zone 
``A'' and Safety Zone ``B''. Safety Zone ``A'' encompasses all 
navigable waters located within the following latitude and longitude 
points, 41.486 N, 071.343 W; 41.482 N, 071.335 W; 41.469 N, 071.350 W; 
41.475 N, 071.358 W. Safety Zone ``B'' encompasses all navigable waters 
located within the following latitude and longitude points, 41.498 N, 
071.361 W; 41.492 N, 071.362 W; 41.483 N, 071.334 W; 41.491 N, 071.330 
W. Only one safety zone will be enforced based on the local weather 
conditions the day of the race. We will make notice of exactly what 
safety zone will be enforced via Broadcast Notice to

[[Page 31178]]

Mariners via marine channel 16 (VHF-FM).
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Sector Southeastern New England (COTP) in the 
enforcement of the safety zone.
    (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.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF-FM radio channel 16 or phone at 508-457-3211. 
Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period. This section will be enforced on May 20, 
2023, from noon until 5 p.m.

    Dated: May 11, 2023.
C.J. Prindle,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New 
England.
[FR Doc. 2023-10430 Filed 5-15-23; 8:45 am]
BILLING CODE 9110-04-P