[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Proposed Rules]
[Pages 22645-22648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06930]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0195]
RIN 1625-AA00


Safety Zone; Narragansett Bay, Newport, RI

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone 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 
sailboat race. This proposed rulemaking would prohibit persons and 
vessels from being in the safety zone unless authorized by the Captain 
of the Port Sector Southeastern New England or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 2, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0195 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email MST2 Christopher Matthews, Waterways 
Management Division, Sector Southeastern New England, U.S. Coast Guard; 
telephone 571-610-4969, 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, Purpose, and Legal Basis

    On January 31, 2024, an organization notified the Coast Guard that 
it will be conducting a sailboat race from 10:30 a.m. through 6:30 p.m. 
on June 21, 2024, with a rain date of June 22, 2024. The sailboat race 
will launch from the East Passage in Narragansett Bay south of Rose 
Island. 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.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the East Passage of the Narragansett 
Bay before, during, and after the scheduled event. The Coast Guard is 
proposing this rulemaking under authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 10:30 a.m. to 
6:30 p.m. on June 21, 2024, with a rain date of June 22, 2024. The 
safety zone would cover one of three possible locations depending on 
the weather. Safety Zone ``A'' will cover all navigable waters from an 
area just south of Rose Island near Fort Adams. Safety Zone ``B'' for 
inclement weather will cover all navigable waters near Brenton Point. 
Safety Zone ``C'' will cover all navigable waters from an area south of 
Rose Island near Castle Hill, RI.
    The proposed location of the Safety Zone ``A'' is as follows:

------------------------------------------------------------------------
            Latitude                             Longitude
------------------------------------------------------------------------
41[deg]29'08'' N                  071[deg]20'04'' W: thence to
41[deg]28'27'' N                  071[deg]20'40'' W: thence to
41[deg]28'38'' N                  071[deg]21'14'' W: thence to
41[deg]29'25'' N                  071[deg]20'52'' W: and thence to the
                                   point of beginning.
------------------------------------------------------------------------

    If weather conditions prohibit a safe race start within the 
approach to Newport Harbor using Safety Zone ``A'' the race will begin 
offshore using Safety Zone ``B'' or Safety Zone ``C'':
    The proposed location of the Safety Zone ``B'' is as follows:

[[Page 22646]]



------------------------------------------------------------------------
            Latitude                             Longitude
------------------------------------------------------------------------
41[deg]26'04'' N                  071[deg]22'16'' W: thence to
41[deg]25'36'' N                  071[deg]21'58'' W: thence to
41[deg]25'21'' N                  071[deg]22'38'' W: thence to
41[deg]25'49'' N                  071[deg]22'56'' W: and thence to the
                                   point of beginning.
------------------------------------------------------------------------

    The proposed location of the Safety Zone ``C'' is as follows:

------------------------------------------------------------------------
            Latitude                             Longitude
------------------------------------------------------------------------
41[deg]27'57'' N                  071[deg]21'44'' W: thence to
41[deg]27'16'' N                  071[deg]22'00'' W: thence to
41[deg]27'27'' N                  071[deg]22'50'' W: thence to
41[deg]28'08'' N                  071[deg]22'34'' W: and thence to the
                                   point of beginning.
------------------------------------------------------------------------

    The starting line will take place within one of the proposed 
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 safety zone 
is intended to ensure the safety of vessels and these navigable waters 
before, during, and after the scheduled sailboat race. No vessel or 
person is permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or by phone at 866-819-9128. 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 a designated representative. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone as well as any 
changes in the planned schedule. The regulatory text we are proposing 
appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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. This NPRM has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the NPRM 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 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 safety zone will be in effect 
for a maximum of 8 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 safety zone. Moreover, the 
Coast Guard would issue a Broadcast Notice to Mariners (BNMs) via VHF-
FM marine channel 16 about the area, and the proposed 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 
proposed 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 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.
    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 proposed rule. If the proposed 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. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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 proposed rule has implications for federalism or 
Indian tribes, please call or email 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

[[Page 22647]]

proposed rule would not result in such an expenditure, we do discuss 
the potential effects of this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves safety 
zone lasting 8 hours that would prohibit entry within the regulated 
area. Normally such actions are categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. We seek any comments or information that 
may lead to the discovery of a significant environmental impact from 
this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0195 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 is 
proposing to amend 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.T01-0195 to read as follows:


Sec.  165.T01-0195  Safety Zone; Narragansett Bay, Newport, RI.

    (a) Location. 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 via marine channel 16 (VHF-FM). The following areas are safety 
zones.
    (1) Safety Zone ``A'' encompasses all navigable waters located 
within the following latitude and longitude points:

------------------------------------------------------------------------
            Latitude                             Longitude
------------------------------------------------------------------------
41[deg]29'08'' N                  071[deg]20'04'' W: thence to
41[deg]28'27'' N                  071[deg]20'40'' W: thence to
41[deg]28'38'' N                  071[deg]21'14'' W: thence to
41[deg]29'25'' N                  071[deg]20'52'' W: and thence to the
                                   point of beginning.
------------------------------------------------------------------------

    (2) Safety Zone ``B'' encompasses all navigable waters located 
within the following latitude and longitude points:

------------------------------------------------------------------------
            Latitude                             Longitude
------------------------------------------------------------------------
41[deg]26'04'' N                  071[deg]22'16'' W: thence to
41[deg]25'36'' N                  071[deg]21'58'' W: thence to
41[deg]25'21'' N                  071[deg]22'38'' W: thence to
41[deg]25'49'' N                  071[deg]22'56'' W: and thence to the
                                   point of beginning.
------------------------------------------------------------------------

    (3) Safety Zone ``C'' encompasses all navigable waters located 
within the following latitude and longitude points:

------------------------------------------------------------------------
            Latitude                             Longitude
------------------------------------------------------------------------
41[deg]27'57'' N                  071[deg]21'44'' W: thence to
41[deg]27'16'' N                  071[deg]22'00'' W: thence to
41[deg]27'27'' N                  071[deg]22'50'' W: thence to
41[deg]28'08'' N                  071[deg]22'34'' W: and thence to the
                                   point of beginning the point of
                                   beginning.
------------------------------------------------------------------------

    (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 zones 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 on VHF-FM channel 16 or by telephone at 508-457-3211. 
Those in the safety zone must comply with all lawful orders or 
directions given to

[[Page 22648]]

them by the COTP or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 10:30 
a.m. to 6:30 p.m. on June 21, 2024, or June 22, 2024. To alleviate the 
effects of this proposed rule on the public, the COTP may elect to 
temporarily suspend enforcement of these security zones.
    (e) 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.

Clinton J. Prindle,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New 
England.
[FR Doc. 2024-06930 Filed 4-1-24; 8:45 am]
BILLING CODE 9110-04-P