Safety Zones; Misery Challenge, Manchester Bay, Manchester, MA, 39957-39959 [2015-17108]
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Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations
missile systems and subsystems), and
9A111 to 9A119 is ‘‘subject to the ITAR.’’
*
*
*
*
*
14. In Supplement No. 1 to Part 774,
Category 9—Aerospace and Propulsion,
Export Control Classification Number
(ECCN) 9D515 is amended:
■ a. By revising the License
Requirements table;
■ b. By adding and reserving items
paragraphs f. through x. in the Items
section; and
■ c. By adding paragraph y. in the Items
section to read as follows:
■
9D515 ‘‘Software’’ ‘‘specially designed’’ for
the ‘‘development,’’ ‘‘production,’’
operation, installation, maintenance,
repair, overhaul, or refurbishing of
‘‘spacecraft’’ and related commodities, as
follows (see List of Items Controlled)
License Requirements
*
*
*
*
NS applies to entire
entry except
9D515.y.
RS applies to entire
entry except
9D515.y.
AT applies to entire
entry.
*
*
*
*
*
*
*
*
*
*
srobinson on DSK5SPTVN1PROD with RULES
License Requirements
VerDate Sep<11>2014
*
List of Items Controlled
Related Controls: * * * * * (2)
‘‘Technology’’ required for the
‘‘development’’ of equipment described in
ECCNs 9A005 to 9A011 or ‘‘software’’
described in ECCNs 9D103 and 9D105 is
‘‘subject to the ITAR.’’
*
*
*
*
*
*
*
*
*
RS Column 1
AT Column 1
*
f. through x. [RESERVED]
y. Specific ‘‘technology’’ ‘‘required’’ for the
‘‘production,’’ ‘‘development,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of commodities or software
enumerated in ECCN 9A515.y or 9D515.y.
Safety Zones; Misery Challenge,
Manchester Bay, Manchester, MA
*
9E001 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development’’ of equipment or
‘‘software’’, controlled by 9A001.b,
9A004, 9A012, 9B (except for ECCNs
9B604, 9B610, 9B619, 9B990 and 9B991),
or ECCN 9D001 to 9D004, 9D101, or
9D104.
*
*
*
*
AT Column 1
15. In Supplement No. 1 to Part 774,
Category 9—Aerospace and Propulsion,
Export Control Classification Number
(ECCN) 9E001 is amended:
■ a. By revising the heading;
■ b. By revising the first entry in the
License Requirements table;
■ c. By revising Related Controls
paragraph (2) in the List of Items
Controlled section to read as follows:
*
*
*
MT Column 1
List of Items Controlled
RS Column 1
■
*
*
*
NS Column 1
*
NS Column 1
f. through x. [RESERVED]
y. Specific ‘‘software’’ ‘‘specially designed’’
for the ‘‘development,’’ ‘‘production,’’
operation, or maintenance of commodities
enumerated in ECCN 9A515.y.
*
*
*
NS applies to entire
entry except
9E515.y.
MT applies to technology for items in
9A515.d and
9A515.e.2 controlled for MT reasons.
RS applies to entire
entry except
9E515.y.
AT applies to entire
entry.
Dated: July 2, 2015.
Kevin J. Wolf,
Assistant Secretary of Commerce for Export
Administration.
Items:
*
*
NS Column 1
Country Chart (see
Supp. No. 1 to part
738)
Control(s)
16. In Supplement No. 1 to Part 774,
Category 9—Aerospace and Propulsion,
Export Control Classification Number
(ECCN) 9E002 is amended:
■ a. By revising the heading; and
■ b. By revising Related Controls
paragraph (3) in the List of Items
Controlled section to read as follows:
9E002 ‘‘Technology’’ according to the
General Technology Note for the
‘‘production’’ of ‘‘equipment’’
controlled by ECCN 9A001.b,
9A004 or 9B (except for ECCNs
9B117, 9B604, 9B610, 9B619,
9B990, and 9B991).
*
*
*
*
*
List of Items Controlled
*
NS applies to ‘‘technology’’ for items
controlled by
9A001.b, 9A004,
9A012, 9B001 to
9B010, 9D001 to
9D004 for NS reasons.
■
*
Country Chart (see
Supp. No. 1 to part
738).
Control(s)
Country Chart (see
Supp. No. 1 to part
738).
Control(s)
39957
Related Controls: * * * * * (3)
‘‘Technology’’ that is required for the
‘‘production’’ of equipment described in
ECCNs 9A005 to 9A011 is ‘‘subject to the
ITAR.’’
*
*
*
*
*
17. In Supplement No. 1 to Part 774,
Category 9—Aerospace and Propulsion,
Export Control Classification Number
(ECCN) 9E515 is amended:
■ a. By revising the License
Requirements table;
■ b. By adding and reserving paragraphs
f. through x. in the Items section; and
■ c. By adding paragraph y. in the items
paragraph in the Items section to read as
follows:
■
9E515 ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’
operation, installation, repair, overhaul,
or refurbishing of ‘‘spacecraft’’ and
related commodities, as follows (see List
of Items Controlled).
License Requirements
*
17:02 Jul 10, 2015
*
Jkt 235001
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Frm 00017
*
*
Fmt 4700
*
Sfmt 4700
[FR Doc. 2015–16904 Filed 7–10–15; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0188]
RIN 1625–AA00
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
Manchester Bay to be enforced during
the Misery Challenge marine event,
which will involve swimmers, kayakers,
and stand-up paddlers. This safety zone
will ensure the protection of the event
participants, support vessels, and
maritime public from the hazards
associated with the event. Vessels will
be prohibited from entering into,
transiting through, mooring, or
anchoring within this safety zone during
periods of enforcement unless
authorized by the Coast Guard Sector
Boston Captain of the Port (COTP) or the
COTP’s designated representative.
DATES: This temporary final rule is
effective from 7:30 a.m. on August 1,
2015 to 11:30 a.m. on August 1, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
SUMMARY:
E:\FR\FM\13JYR1.SGM
13JYR1
39958
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations
2015–0188]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, contact
Mr. Mark Cutter, Coast Guard Sector
Boston Waterways Management
Division, telephone (617) 223–4000,
email Mark.E.Cutter@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Ms. Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
CFR Code of Federal Regulation
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983
A. Regulatory History and Information
On May 8, 2015 we published a notice
of proposed rulemaking (NPRM)
entitled Safety Zones; Misery Challenge,
Manchester Bay, Manchester, MA in the
Federal Register (80 FR 26514). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held.
B. Basis and Purpose
The legal basis for the proposed rule
is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish regulatory safety zones.
By establishing a temporary safety
zone, the Coast Guard will ensure the
protection of the event participants,
support vessels, and maritime public
from the hazards associated with the
event.
srobinson on DSK5SPTVN1PROD with RULES
C. Discussion of Comments, Changes
and the Temporary Final Rule
The Coast Guard provided a comment
period of 30 days and no comments
were received. There are no changes to
the regulatory text.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
VerDate Sep<11>2014
17:02 Jul 10, 2015
Jkt 235001
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
We expect the economic impact of
this rule to be minimal. This regulation
may have some impact on the public,
but that potential impact will likely be
minimal for several reasons. First, this
safety zone will be in effect for only 4
hours in the morning when vessel traffic
is expected to be light. Second, vessels
may enter or pass through the safety
zone during an enforcement period with
the permission of the COTP or the
designated representative. Finally, the
Coast Guard will provide notification to
the public through Broadcast Notice to
Mariners well in advance of the event.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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 received no comments
from the Small Business Administration
on this rule. 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.
For all of the reasons discussed in the
Regulatory Planning and Review
section, the Coast Guard certifies under
5 U.S.C. 605(b) that this rule would not
have a significant economic impact on
a substantial number of small entities.
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.
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3. Assistance for Small Entities
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, above.
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.
4. 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).
5. Federalism
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
determined that this rule does not have
implications for federalism.
6. 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.
7. 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
E:\FR\FM\13JYR1.SGM
13JYR1
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations
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.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
have made a 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 rule involves the
establishment of a temporary safety
zone. This rule is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. A written environmental
analysis (EA) checklist and categorical
exclusion determination (CED) are
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 rule.
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C., 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add a new § 165.T01–0188 to read
as follows:
■
§ 165.T01–0188 Safety Zone—Misery
Challenge—Manchester Bay, Manchester,
Massachusetts.
(a) General. Establish a temporary
safety zone:
(1) Location. The following area is a
safety zone: All navigable waters, from
surface to bottom, within one hundred
(100) yards from the participants and
vessels in support of events in
Manchester Bay, Manchester, MA, and
enclosed by a line connecting the
following points (NAD 83):
Latitude
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
srobinson on DSK5SPTVN1PROD with RULES
We have analyzed this 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
(NEPA) (42 U.S.C. 4321–4370f), and
17:02 Jul 10, 2015
N.
N.
N.
N.
70°46′42″ W.;
70°46′33″ W.;
70°47′45″ W.;
70°48′40″ W.;
of origin.
thence
thence
thence
thence
to.
to
to
to point
permission of the Captain of the Port
(COTP), Coast Guard Sector Boston or
the COTP’s representative. However,
any vessel that is granted permission by
the COTP or the COTP’s representative
must proceed through the area with
caution and operate at a speed no faster
than that speed necessary to maintain a
safe course, unless otherwise required
by the Navigation Rules.
(2) Any person or vessel permitted to
enter the safety zone shall comply with
the directions and orders of the COTP
or the COTP’s representative. Upon
being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing lights, or
other means, the operator of a vessel
within the zone shall proceed as
directed. Any person or vessel within
the safety zone shall exit the
(3) To obtain permissions required by
this regulation, individuals may reach
the COTP or a COTP representative via
VHF channel 16 or 617–223–5757
(Sector Boston Command Center).
(c) Penalties. Those who violate this
section are subject to the penalties set
forth in 33 U.S.C. 1232 and 50 U.S.C.
1226.
(d) Notification. Coast Guard Sector
Boston will give notice through the
Local Notice to Mariners, Broadcast
Notice to Mariners, and to mariners for
the purpose of enforcement of this
temporary safety zone. Also, Sector
Boston will notify the public to the
greatest extent possible of any period in
which the Coast Guard will suspend
enforcement of this safety zone.
(e) COTP representative. The COTP’s
representative may be any Coast Guard
commissioned, warrant, or petty officer
or any Federal, state, or local law
enforcement officer who has been
designated by the COTP to act on the
COTP’s behalf. The COTP’s
representative may be on a Coast Guard
vessel, a Coast Guard Auxiliary vessel,
a state or local law enforcement vessel,
or a location on shore.
Dated: June 25, 2015.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. 2015–17108 Filed 7–10–15; 8:45 am]
14. Environment
VerDate Sep<11>2014
42°34′03″
42°33′58″
42°32′32″
42°32′58″
Longitude
39959
Jkt 235001
(2) Effective and enforcement period.
This rule will be effective on August 1,
2015, from 7:30 a.m. to 11:30 a.m.
(b) Regulations. While this safety zone
is being enforced, the following
regulations, along with those contained
in 33 CFR 165.23, apply:
(1) No person or vessel may enter or
remain in this safety zone without the
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BILLING CODE 9110–04–P
E:\FR\FM\13JYR1.SGM
13JYR1
]]>Agencies
[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Rules and Regulations]
[Pages 39957-39959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17108]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0188]
RIN 1625-AA00
Safety Zones; Misery Challenge, Manchester Bay, Manchester, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in
Manchester Bay to be enforced during the Misery Challenge marine event,
which will involve swimmers, kayakers, and stand-up paddlers. This
safety zone will ensure the protection of the event participants,
support vessels, and maritime public from the hazards associated with
the event. Vessels will be prohibited from entering into, transiting
through, mooring, or anchoring within this safety zone during periods
of enforcement unless authorized by the Coast Guard Sector Boston
Captain of the Port (COTP) or the COTP's designated representative.
DATES: This temporary final rule is effective from 7:30 a.m. on August
1, 2015 to 11:30 a.m. on August 1, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-
[[Page 39958]]
2015-0188]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Mr. Mark Cutter, Coast Guard Sector Boston Waterways Management
Division, telephone (617) 223-4000, email Mark.E.Cutter@uscg.mil. If
you have questions on viewing or submitting material to the docket,
call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
CFR Code of Federal Regulation
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983
A. Regulatory History and Information
On May 8, 2015 we published a notice of proposed rulemaking (NPRM)
entitled Safety Zones; Misery Challenge, Manchester Bay, Manchester, MA
in the Federal Register (80 FR 26514). We received no comments on the
proposed rule. No public meeting was requested, and none was held.
B. Basis and Purpose
The legal basis for the proposed rule is 33 U.S.C. 1231; 50 U.S.C.
191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to establish regulatory safety zones.
By establishing a temporary safety zone, the Coast Guard will
ensure the protection of the event participants, support vessels, and
maritime public from the hazards associated with the event.
C. Discussion of Comments, Changes and the Temporary Final Rule
The Coast Guard provided a comment period of 30 days and no
comments were received. There are no changes to the regulatory text.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
We expect the economic impact of this rule to be minimal. This
regulation may have some impact on the public, but that potential
impact will likely be minimal for several reasons. First, this safety
zone will be in effect for only 4 hours in the morning when vessel
traffic is expected to be light. Second, vessels may enter or pass
through the safety zone during an enforcement period with the
permission of the COTP or the designated representative. Finally, the
Coast Guard will provide notification to the public through Broadcast
Notice to Mariners well in advance of the event.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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 received no comments from the Small Business
Administration on this rule. 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.
For all of the reasons discussed in the Regulatory Planning and
Review section, the Coast Guard certifies under 5 U.S.C. 605(b) that
this rule would not have a significant economic impact on a substantial
number of small entities.
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.
3. Assistance for Small Entities
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,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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
[[Page 39959]]
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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this 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 (NEPA) (42 U.S.C. 4321-4370f), and have made a
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 rule involves the establishment of a temporary safety
zone. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A written
environmental analysis (EA) checklist and categorical exclusion
determination (CED) are 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 rule.
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: 33 U.S.C., 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add a new Sec. 165.T01-0188 to read as follows:
Sec. 165.T01-0188 Safety Zone--Misery Challenge--Manchester Bay,
Manchester, Massachusetts.
(a) General. Establish a temporary safety zone:
(1) Location. The following area is a safety zone: All navigable
waters, from surface to bottom, within one hundred (100) yards from the
participants and vessels in support of events in Manchester Bay,
Manchester, MA, and enclosed by a line connecting the following points
(NAD 83):
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
42[deg]34'03'' N................... 70[deg]46'42'' W.; thence to.
42[deg]33'58'' N................... 70[deg]46'33'' W.; thence to
42[deg]32'32'' N................... 70[deg]47'45'' W.; thence to
42[deg]32'58'' N................... 70[deg]48'40'' W.; thence to point
of origin.
------------------------------------------------------------------------
(2) Effective and enforcement period. This rule will be effective
on August 1, 2015, from 7:30 a.m. to 11:30 a.m.
(b) Regulations. While this safety zone is being enforced, the
following regulations, along with those contained in 33 CFR 165.23,
apply:
(1) No person or vessel may enter or remain in this safety zone
without the permission of the Captain of the Port (COTP), Coast Guard
Sector Boston or the COTP's representative. However, any vessel that is
granted permission by the COTP or the COTP's representative must
proceed through the area with caution and operate at a speed no faster
than that speed necessary to maintain a safe course, unless otherwise
required by the Navigation Rules.
(2) Any person or vessel permitted to enter the safety zone shall
comply with the directions and orders of the COTP or the COTP's
representative. Upon being hailed by a U.S. Coast Guard vessel by
siren, radio, flashing lights, or other means, the operator of a vessel
within the zone shall proceed as directed. Any person or vessel within
the safety zone shall exit the
(3) To obtain permissions required by this regulation, individuals
may reach the COTP or a COTP representative via VHF channel 16 or 617-
223-5757 (Sector Boston Command Center).
(c) Penalties. Those who violate this section are subject to the
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 1226.
(d) Notification. Coast Guard Sector Boston will give notice
through the Local Notice to Mariners, Broadcast Notice to Mariners, and
to mariners for the purpose of enforcement of this temporary safety
zone. Also, Sector Boston will notify the public to the greatest extent
possible of any period in which the Coast Guard will suspend
enforcement of this safety zone.
(e) COTP representative. The COTP's representative may be any Coast
Guard commissioned, warrant, or petty officer or any Federal, state, or
local law enforcement officer who has been designated by the COTP to
act on the COTP's behalf. The COTP's representative may be on a Coast
Guard vessel, a Coast Guard Auxiliary vessel, a state or local law
enforcement vessel, or a location on shore.
Dated: June 25, 2015.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2015-17108 Filed 7-10-15; 8:45 am]
BILLING CODE 9110-04-P
