Safety Zone, Fall River Grand Prix, Mt Hope Bay and Taunton River, Fall River, MA, 41902-41905 [2016-15331]

Download as PDF 41902 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Proposed Rules segment extending from the 6.9-mile radius to 8.8 miles south of the airport. Airspace reconfiguration is necessary due to the decommissioning of NDBs including the Cameron NDB, Perrine NDB, and Festus NDB; cancellation of NDB approaches; and implementation of RNAV procedures at the above airports. Controlled airspace is necessary for the safety and management of the standard instrument approach procedures for IFR operations at the airports. Class E airspace designations are published in paragraph 6002 and 6005 of FAA Order 7400.9Z, dated August 6, 2015, and effective September 15, 2015, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, would not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review asabaliauskas on DSK3SPTVN1PROD with PROPOSALS This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures’’ prior to any FAA final regulatory action. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: VerDate Sep<11>2014 16:20 Jun 27, 2016 Jkt 238001 PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 [Amended] from the 6.4-mile radius of the airport to the VORTAC. * * * * * ACE MO E5 Festus, MO [Amended] Festus Memorial Airport, MO (Lat. 38°11′42″ N., long. 90°23′08″ W.) That airspace extending upward from 700 feet above the surface within a 6.9-mile radius of Festus Memorial Airport, and within 2 miles each side of the 188° bearing from the airport extending from the 6.9-mile radius to 8.8 miles south of the airport. 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015, is amended as follows: Issued in Fort Worth, Texas, on June 20, 2016. Walter Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center. Paragraph 6002 Class E Airspace Designated as Surface Areas. BILLING CODE 4910–13–P ■ * * * ACE MO E2 * * Farmington, MO [Removed] [FR Doc. 2016–15185 Filed 6–27–16; 8:45 am] DEPARTMENT OF HOMELAND SECURITY Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. Coast Guard * 33 CFR Part 165 * * ACE MO E5 * * Ava, MO [Amended] Ava, Bill Martin Memorial Airport, MO (Lat. 36°58′19″ N., long. 92°40′55″ W.) Dogwood VORTAC (Lat. 37°01′24″ N., long. 92°52′37″ W.) That airspace extending upward from 700 feet above the surface within a 6.8-mile radius of Ava Bill Martin Memorial Airport, and within 1.8 miles each side of the 107° radial of the Dogwood VORTAC extending from the 6.8-mile radius to the VORTAC. * * * ACE MO E5 * * Cameron, MO [Amended] Cameron Memorial Airport, MO (Lat. 39°43′39″N., long. 94°16′35″ W.) That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Cameron Memorial Airport. * * * * * ACE MO E5 Chillicothe, MO [Amended] Chillicothe Municipal Airport, MO (Lat. 39°46′55″ N., long. 93°29′47″ W.) That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Chillicothe Municipal Airport. * * * * * ACE MO E5 Farmington, MO [Amended] Farmington Regional Airport, MO (Lat. 37°45′40″ N., long. 90°25′43″ W.) Farmington VORTAC (Lat. 37°40′24″ N., long. 90°14′03″ W.) That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Farmington Regional Airport, and within 4 miles each side of the 204° bearing from the airport extending from the 6.4-mile radius to 11.5 miles southwest of the airport, and within 2 miles each side of the Farmington VORTAC 299° radial extending PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 [Docket No. USCG–2016–0448] RIN 1625–AA00 Safety Zone, Fall River Grand Prix, Mt Hope Bay and Taunton River, Fall River, MA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to establish a temporary safety zone in the navigable waters of Mt Hope Bay and the Taunton River in the vicinity of Fall River, MA, during the Fall River Grand Prix marine event August 27–28, 2016. This safety zone is intended to safeguard mariners from the hazards associated with high-speed, highperformance motorboats competing in the event. Vessels would 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. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before July 28, 2016. ADDRESSES: You may submit comments identified by docket number USCG– 2016–0448 using the Federal eRulemaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for SUMMARY: E:\FR\FM\28JNP1.SGM 28JNP1 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Proposed Rules further instructions on submitting comments. If you have questions about this proposed rulemaking, contact Mr. Edward G. LeBlanc, Chief of the Waterways Management Division at Coast Guard Sector Southeastern New England, telephone 401–435–2351, email Edward.G.LeBlanc@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Acronyms CFR Code of Federal Regulations COTP Captain of The Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code asabaliauskas on DSK3SPTVN1PROD with PROPOSALS II. Background, Purpose, and Legal Basis Borden Light Marina of Fall River, MA, notified the Coast guard that it intends to conduct the 2nd annual Fall River Grand Prix powerboat races in the vicinity of the Taunton River and Mt Hope Bay adjacent to the Fall River waterfront. Similar to the inaugural event in 2015, this is a two-day event where high-speed, high-performance motorboats participate in controlled races within a well-defined water area. The COTP Southeastern New England has determined that potential hazards associated with the Fall River Grand Prix require a safety zone in the vicinity of the Taunton River and Mt Hope Bay, in waters adjacent to Fall River, to provide for both participant and spectator safety. The purpose of this rulemaking is to ensure the safety of vessels and spectators in the vicinity of the Fall River Grand Prix before, during, and after the scheduled event. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231. III. Discussion of Proposed Rule The 2nd Annual Fall River Grand Prix is a two-day event where high-speed, high-performance motorboats participate in controlled races within a well-defined water area. The safety zone proposed in this NPRM will encompass the racing area and will include a buffer between the racing motorboats and spectator craft to provide a margin of safety. As these races are part of a national series of events, governed by a national racing and safety organization (the U.S. Offshore Powerboat Association), and operated by experienced high-speed motorboat crews and support teams, they are expected to generate local and regional media coverage, and attract spectators VerDate Sep<11>2014 16:20 Jun 27, 2016 Jkt 238001 on a number of recreational and excursion vessels. The Coast Guard is establishing this safety zone, in conjunction with the Fall River Grand Prix, to ensure the protection of the maritime public and event participants from the hazards associated with high-speed, highperformance motorboat racing. The Coast Guard anticipates little concern with the proposed safety zone by mariners, as there is little major commercial vessel activity in Mt Hope Bay and the Taunton River in the vicinity of Fall River, MA, and most recreational vessels are not restricted to the deep draft channel and can easily transit via alternate routes. Also, the safety zone will be enforced only during periods of actual racing, which will be limited to only a few hours on each of the two days of the event. Regardless, in the unlikely situation where a commercial or recreational vessel may still need to transit Mt Hope Bay and the Taunton River in the vicinity of Fall River, MA, for any number of reasons including destination, familiarity with the waterway, tide restrictions, etc., these vessels may be able to continue transits through Mt Hope Bay and the Taunton River, even during enforcement of the safety zone, as there will 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, and would continue to do so for the entire event to avoid major interruptions to shipping schedules. The Coast Guard proposes to add a temporary safety zone that would encompass the navigation channel from approximately Mt Hope Bay buoy R10 southwest of Brayton Point channel, and would extend approximately two miles to the northeast up to and including Mt Hope Bay buoy C17 north of the I–195/ Braga Bridge. The safety zone would be enforced only during times of actual vessel racing. 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 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 41903 alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget. We expect the adverse economic impact of this proposed rule to be minimal. Although this regulation may have some adverse impact on the public, the potential impact would be minimized for the following reasons: The safety zone will be in effect for only a few hours each day for two consecutive days, and vessels will only be restricted from the zone in Mt Hope Bay and the Taunton River in the vicinity of Fall River, MA during those limited periods when the races are actually ongoing; during periods when there is no actual racing (e.g., racing vessels are 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 available for recreational vessels to the west of the safety zone that does not add substantial transit time and is already routinely used by mariners; many vessels, especially recreational vessels, may transit in all portions of the affected waterway except for those areas covered by the proposed safety zone; and vessels may enter or pass through the affected waterway with the permission of the COTP or the COTP’s representative. Notification of the Fall River Grand Prix and the associated safety zone would 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 proposed rule would not have a significant economic impact on a substantial number of small entities. E:\FR\FM\28JNP1.SGM 28JNP1 41904 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Proposed Rules 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 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 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. 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. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 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 contact the person listed VerDate Sep<11>2014 16:20 Jun 27, 2016 Jkt 238001 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, 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 the establishment of a temporary safety zone in conjunction with the Fall River Grand Prix event, a high-speed, high-performance motorboat racing event. Such actions are categorically excluded from further review under paragraph 34(g) of Figure 2–1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 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. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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 proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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. ■ 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 (a) Location. The following area is a safety zone: Mt Hope Bay and the Taunton River navigation channel from approximately Mt Hope Bay buoy R10 southwest of Brayton Point channel, and extending approximately two miles to the northeast up to and including Mt Hope Bay buoy C17 north of the Braga PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 1. The authority citation for Part 165 reads as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5, Department of Homeland Security Delegation No. 0170.1. ■ 2. Add § 165.T0448 to read as follows: § 165.T0448 Safety Zone for the Fall River Grand Prix, Mt Hope Bay and Taunton River, Fall River, MA E:\FR\FM\28JNP1.SGM 28JNP1 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Proposed Rules Bridge. The safety zone is encompassed by the following coordinates: Corner asabaliauskas on DSK3SPTVN1PROD with PROPOSALS SW ........ NW ........ SE ......... NE ......... Latitude 41°41.40′ 41°41.48′ 41°42.33′ 41°42.42′ N. N. N. N. Longitude 7°11.15′ W. 71°11.1′ W. 71° 09.40′ W. 71°09.47′ W. (b) Enforcement Period. Vessels will be prohibited from entering this safety zone, when enforced, during the Fall River Grand Prix marine event between 9 a.m. and 5 p.m. from Saturday, August 27, 2016 to Sunday, August 28, 2016. (c) Definitions. The following definitions apply to this section: (1) Designated Representative. A ‘‘designated representative’’ is any Coast Guard commissioned, warrant or petty officer 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 each 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. All persons and vessels not registered with the event sponsor as participants or official patrol vessels. (d) Regulations. (1) The general regulations contained in 33 CFR 165.23 as well as the following regulations apply to the safety zone established in conjunction with the Fall River Grand Prix, Taunton River, vicinity of Fall River, MA. These regulations may be enforced for the duration of the event. (2) No later than 8 a.m. each day of the event, the Coast Guard will announce via Safety Marine Information Broadcasts and local media the times and duration of each race scheduled for that day, and 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. VerDate Sep<11>2014 18:04 Jun 27, 2016 Jkt 238001 (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 Fall River Grand Prix at any time to ensure safety. Such action may be justified as a result of weather, traffic density, spectator operation or participant behavior. Dated: June 14, 2016. Richard J. Shultz, Captain, U.S. Coast Guard, Captain of the Port Southeastern New England. [FR Doc. 2016–15331 Filed 6–27–16; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2015–0250; FRL–9948–40– Region 4] Air Plan Approval; GA Infrastructure Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard Environmental Protection Agency. ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve portions of the State Implementation Plan (SIP) submission, submitted by the State of Georgia, through the Georgia Department of Natural Resources (DNR), Environmental Protection Division (GAEPD), on March 25, 2013, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 1hour nitrogen dioxide (NO2) national ambient air quality standard (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ‘‘infrastructure’’ SIP. GAEPD certified that the Georgia SIP contains provisions that ensure the 2010 1-hour NO2 SUMMARY: PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 41905 NAAQS is implemented, enforced, and maintained in Georgia. EPA is proposing to determine that portions of Georgia’s infrastructure submission, submitted on March 25, 2013, addresses certain required infrastructure elements for the 2010 1-hour NO2 NAAQS. DATES: Written comments must be received on or before July 28, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2015–0250 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Mr. Wong can be reached via telephone at (404) 562–8726 or via electronic mail at wong.richard@epa.gov. SUPPLEMENTARY INFORMATION: I. Background and Overview On February 9, 2010, EPA promulgated a new 1-hour primary NAAQS for NO2 at a level of 100 parts per billion, based on a 3-year average of the 98th percentile of the yearly distribution of 1-hour daily maximum concentrations. See 75 FR 6474. Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS. Section 110(a)(2) requires states to address basic SIP requirements, including emissions inventories, E:\FR\FM\28JNP1.SGM 28JNP1

Agencies

[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Proposed Rules]
[Pages 41902-41905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15331]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0448]
RIN 1625-AA00


Safety Zone, Fall River Grand Prix, Mt Hope Bay and Taunton 
River, Fall River, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
in the navigable waters of Mt Hope Bay and the Taunton River in the 
vicinity of Fall River, MA, during the Fall River Grand Prix marine 
event August 27-28, 2016. This safety zone is intended to safeguard 
mariners from the hazards associated with high-speed, high-performance 
motorboats competing in the event. Vessels would 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. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 28, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0448 using the Federal e-Rulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for

[[Page 41903]]

further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, contact Mr. Edward G. LeBlanc, Chief of the 
Waterways Management Division at Coast Guard Sector Southeastern New 
England, telephone 401-435-2351, email Edward.G.LeBlanc@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

CFR Code of Federal Regulations
COTP Captain of The Port
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

    Borden Light Marina of Fall River, MA, notified the Coast guard 
that it intends to conduct the 2nd annual Fall River Grand Prix 
powerboat races in the vicinity of the Taunton River and Mt Hope Bay 
adjacent to the Fall River waterfront. Similar to the inaugural event 
in 2015, this is a two-day event where high-speed, high-performance 
motorboats participate in controlled races within a well-defined water 
area. The COTP Southeastern New England has determined that potential 
hazards associated with the Fall River Grand Prix require a safety zone 
in the vicinity of the Taunton River and Mt Hope Bay, in waters 
adjacent to Fall River, to provide for both participant and spectator 
safety.
    The purpose of this rulemaking is to ensure the safety of vessels 
and spectators in the vicinity of the Fall River Grand Prix before, 
during, and after the scheduled event. The Coast Guard proposes this 
rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The 2nd Annual Fall River Grand Prix is a two-day event where high-
speed, high-performance motorboats participate in controlled races 
within a well-defined water area. The safety zone proposed in this NPRM 
will encompass the racing area and will include a buffer between the 
racing motorboats and spectator craft to provide a margin of safety. As 
these races are part of a national series of events, governed by a 
national racing and safety organization (the U.S. Offshore Powerboat 
Association), and operated by experienced high-speed motorboat crews 
and support teams, they are expected to generate local and regional 
media coverage, and attract spectators on a number of recreational and 
excursion vessels.
    The Coast Guard is establishing this safety zone, in conjunction 
with the Fall River Grand Prix, to ensure the protection of the 
maritime public and event participants from the hazards associated with 
high-speed, high-performance motorboat racing. The Coast Guard 
anticipates little concern with the proposed safety zone by mariners, 
as there is little major commercial vessel activity in Mt Hope Bay and 
the Taunton River in the vicinity of Fall River, MA, and most 
recreational vessels are not restricted to the deep draft channel and 
can easily transit via alternate routes. Also, the safety zone will be 
enforced only during periods of actual racing, which will be limited to 
only a few hours on each of the two days of the event.
    Regardless, in the unlikely situation where a commercial or 
recreational vessel may still need to transit Mt Hope Bay and the 
Taunton River in the vicinity of Fall River, MA, for any number of 
reasons including destination, familiarity with the waterway, tide 
restrictions, etc., these vessels may be able to continue transits 
through Mt Hope Bay and the Taunton River, even during enforcement of 
the safety zone, as there will 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, and would continue to do so for the entire event to 
avoid major interruptions to shipping schedules.
    The Coast Guard proposes to add a temporary safety zone that would 
encompass the navigation channel from approximately Mt Hope Bay buoy 
R10 southwest of Brayton Point channel, and would extend approximately 
two miles to the northeast up to and including Mt Hope Bay buoy C17 
north of the I-195/Braga Bridge. The safety zone would be enforced only 
during times of actual vessel racing.

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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    We expect the adverse economic impact of this proposed rule to be 
minimal. Although this regulation may have some adverse impact on the 
public, the potential impact would be minimized for the following 
reasons: The safety zone will be in effect for only a few hours each 
day for two consecutive days, and vessels will only be restricted from 
the zone in Mt Hope Bay and the Taunton River in the vicinity of Fall 
River, MA during those limited periods when the races are actually 
ongoing; during periods when there is no actual racing (e.g., racing 
vessels are 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 available for recreational 
vessels to the west of the safety zone that does not add substantial 
transit time and is already routinely used by mariners; many vessels, 
especially recreational vessels, may transit in all portions of the 
affected waterway except for those areas covered by the proposed safety 
zone; and vessels may enter or pass through the affected waterway with 
the permission of the COTP or the COTP's representative.
    Notification of the Fall River Grand Prix and the associated safety 
zone would 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.

[[Page 41904]]

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, 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 the 
establishment of a temporary safety zone in conjunction with the Fall 
River Grand Prix event, a high-speed, high-performance motorboat racing 
event. Such actions are categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. A preliminary environmental analysis checklist is available 
in the docket where indicated under ADDRESSES. 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 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.

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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
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 reads as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5, Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T0448 to read as follows:


Sec.  165.T0448  Safety Zone for the Fall River Grand Prix, Mt Hope Bay 
and Taunton River, Fall River, MA

    (a) Location. The following area is a safety zone: Mt Hope Bay and 
the Taunton River navigation channel from approximately Mt Hope Bay 
buoy R10 southwest of Brayton Point channel, and extending 
approximately two miles to the northeast up to and including Mt Hope 
Bay buoy C17 north of the Braga

[[Page 41905]]

Bridge. The safety zone is encompassed by the following coordinates:

------------------------------------------------------------------------
            Corner                   Latitude             Longitude
------------------------------------------------------------------------
SW...........................  41[deg]41.40' N.      7[deg]11.15' W.
NW...........................  41[deg]41.48' N.      71[deg]11.1' W.
SE...........................  41[deg]42.33' N.      71[deg] 09.40' W.
NE...........................  41[deg]42.42' N.      71[deg]09.47' W.
------------------------------------------------------------------------

    (b) Enforcement Period. Vessels will be prohibited from entering 
this safety zone, when enforced, during the Fall River Grand Prix 
marine event between 9 a.m. and 5 p.m. from Saturday, August 27, 2016 
to Sunday, August 28, 2016.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer 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 each 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. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.23 as well as the following regulations apply to the safety zone 
established in conjunction with the Fall River Grand Prix, Taunton 
River, vicinity of Fall River, MA. These regulations may be enforced 
for the duration of the event.
    (2) No later than 8 a.m. each day of the event, the Coast Guard 
will announce via Safety Marine Information Broadcasts and local media 
the times and duration of each race scheduled for that day, and 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.
    (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 Fall River 
Grand Prix at any time to ensure safety. Such action may be justified 
as a result of weather, traffic density, spectator operation or 
participant behavior.

    Dated: June 14, 2016.
Richard J. Shultz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New 
England.
[FR Doc. 2016-15331 Filed 6-27-16; 8:45 am]
 BILLING CODE 9110-04-P
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