Security Zone; 22nd International Seapower Symposium Special Events, Rosecliff Mansion and Newport Marriott Hotel, Newport, RI, 64068-64070 [2016-22463]
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<![CDATA[
64068
Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a temporary 250-yard
security zone in the navigable waters in
the vicinity of Newport Harbor in
conjunction with the 22nd International
Seapower Symposium. Normally such
actions are categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of Commandant Instruction
M16475.lD. An environmental analysis
checklist and Categorical Exclusion
Determination will be 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.
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reports 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
western shore to where it meets and
includes an arc extending in a 250 yard
radius around Newport Harbor Light
(U.S. Coast Guard Light List No. 17850)
at position 41°29′36.000″ N.,
071°19′37.800″ W. and extends to and
includes waters within 250 yards on
either side of the Goat Island Connector
between Goat Island and Newport,
Rhode Island.
(b) Effective and enforcement period.
This rule will be effective and enforced
from 8:00 a.m. on September 18, 2016
to 8:00 p.m. on September 23, 2016.
(c) Definitions. The following
definitions apply to this section:
‘‘Designated on-scene patrol personnel’’
means any commissioned, warrant and
petty officers of the Coast Guard
operating Coast Guard vessels who have
been authorized to act on the behalf of
the Captain of the Port, Southeastern
New England.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.33
apply.
(2) In accordance with the general
regulations in § 165.33 of this part, entry
into or movement within this zone is
prohibited unless authorized by the
Captain of the Port, Southeastern New
England.
(3) All persons and vessels shall
comply with the Coast Guard Captain of
the Port or designated on-scene patrol
personnel.
(4) Upon being hailed by a Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
(5) Persons and vessels may request
permission to enter the zone on VHF–
16.
Dated: August 31, 2016.
J.A. Smith,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Southeastern New
England.
[FR Doc. 2016–22464 Filed 9–16–16; 8:45 am]
1. The authority citation for part 165
continues to read as follows:
■
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6; Department of
Homeland Security Delegation No. 0170.1.
DEPARTMENT OF HOMELAND
SECURITY
2. Add temporary § 165.T01–0790 to
read as follows:
Coast Guard
§ 165.T01–0790 Security Zone: Goat
Island, Newport, Rhode Island.
33 CFR Part 165
(a) Location. The following area is a
security zone: All navigable waters,
from surface to bottom, within 250
yards of the western shore of Goat
Island, Newport, Rhode Island, marked
at its southern boundary by Goat Island
Southwest Buoy ‘‘1’’ (U.S. Coast Guard
Light List No. 17825) in approximate
position 41°28′56.869″ N., 71°19′45.865″
W., and extending north parallel to the
[USCG–2016–0813]
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■
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Jkt 238001
RIN 1625–AA87
Security Zone; 22nd International
Seapower Symposium Special Events,
Rosecliff Mansion and Newport
Marriott Hotel, Newport, RI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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The Coast Guard is
establishing a temporary 500-yard
security zone on the waters adjacent to
Rosecliff Mansion and the Newport
Marriott Hotel, in Newport, Rhode
Island, in conjunction with special
events of the U.S. Navy’s 22nd
International Seapower Symposium.
Vessels and people are prohibited from
entering these security zones.
DATES: This rule is effective from 4 p.m.
on September 20, 2016 through 11:30
p.m. on September 22, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0813 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email Mr. Edward G.
LeBlanc at Sector Southeastern New
England, telephone (401) 435–2351,
email Edward.G.LeBlanc@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
TFR Temporary Final Rule
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’
Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for
not publishing a NPRM with respect to
this rule. Because of the sensitive
security issues related to these special
events, the Coast Guard was not aware
of the final details with sufficient time
to solicit public comments. Thus,
waiting for a full comment period to run
would inhibit the Coast Guard’s ability
to keep senior military leaders and
government officials, along with the
general public, safe from subversive acts
directed at these high visibility special
events. Providing a prolonged public
notice and comment period is contrary
E:\FR\FM\19SER1.SGM
19SER1
Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations
to the public interest due to national
security concerns.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making this
rule effective less than 30 days after
publication in the Federal Register. For
the same reasons discussed in the
preceding paragraph, delaying the
effective date of this rule would be
contrary to the public interest.
III. Legal Authority and Need for Rule
The legal authority for this rule is 33
U.S.C. 1231 which authorizes the Coast
Guard to define Security Zones.
The 22nd International Seapower
Symposium is being held on Goat
Island, Newport, RI, from September 18
to September 23, 2016. High level U.S.
officials and delegates from over 125
countries are expected to attend. As part
of the Symposium, special events are
being held on the evenings of Tuesday,
September 20 and Thursday, September
22, 2016, at Rosecliff Mansion and the
Newport Marriott Hotel, respectively,
which are waterfront properties in
Newport, Rhode Island, and within the
COTP, Southeastern New England zone.
The COTP has determined that it is
necessary to temporarily prohibit vessel
traffic from transiting within 500 yards
of Rosecliff Mansion (approximate
position 41°-27′54″ N., 071°-18′18″ W.)
and the Newport Marriott Hotel
(approximate position 41°-29′23″ N.,
071°-19′04″ W.), Newport, RI, to
safeguard the symposium attendees
against potential sabotage, subversive
acts, or other threats.
rmajette on DSK2TPTVN1PROD with RULES
IV. Discussion of the Rule
For the reasons discussed above, this
rule establishes temporary 500-yard
security zones in the navigable waters
adjacent to Rosecliff Mansion
(approximate position 41°-27′54″ N.,
071°-18′18″ W.) and the Newport
Marriott Hotel (approximate position
41°-29′23″ N., 071°-19′04″ W.)
respectively, in Newport, Rhode Island.
These security zones will be effective
and enforced at Rosecliff Mansion and
the Newport Marriott Hotel from 4 p.m.
to 11:30 p.m. on Tuesday, September 20
and Thursday, September 22, 2016,
respectively. Vessels and persons will
be prohibited from entering these
security zones during this time.
V. 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, and we discuss First
Amendment rights of protestors.
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14:11 Sep 16, 2016
Jkt 238001
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 rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, the rule has not been
reviewed by the Office of Management
and Budget.
The Coast Guard expects the
economic impact of this rule to be
minimal, such that a full regulatory
evaluation under the regulatory policies
and procedures of DHS is unnecessary.
The effect of this rule will be small, as
the duration of the security zones is for
only seven and a half hours on two
separate evenings. Additionally, vessels
may be permitted to transit and navigate
in waters adjacent to this security zones,
minimizing any adverse impact.
Maritime advisories will be broadcasted.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule 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 security
zones may be small entities, for the
reasons stated in section V.A above this
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 rule. If the rule
PO 00000
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64069
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it 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 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
E:\FR\FM\19SER1.SGM
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Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
does not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
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
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of temporary security
zones for special events being held in
conjunction with the 22nd International
Seapower Symposium. Normally such
actions are categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of Commandant Instruction
M16475.lD. An environmental analysis
checklist and Categorical Exclusion
Determination 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.
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reports and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
rmajette on DSK2TPTVN1PROD with RULES
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
■
2. Add temporary § 165.T01–0813 to
read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 165.T01–0813 Security Zones: Rosecliff
Mansion and Newport Marriott Hotel,
Newport, Rhode Island.
40 CFR Part 52
(a) Location. The following areas are
security zones: All navigable waters,
from surface to bottom, within 500
yards of Rosecliff Mansion (approximate
position 41°¥27′54″ N., 071°¥18′18″
W.) and the Newport Marriott Hotel
(approximate position 41°¥29′23″ N.,
071°¥19′04″ W.), Newport, Rhode
Island.
(b) Effective and enforcement period.
This rule will be effective and enforced
from 4 p.m. to 11:30 p.m. on Tuesday,
September 20, 2016 at Rosecliff
Mansion, and from 4 p.m. to 11:30 p.m.
on Thursday, September 22, 2016, at the
Newport Marriott Hotel.
(c) Definitions. The following
definitions apply to this section:
‘‘Designated on-scene patrol personnel’’
means any commissioned, warrant and
petty officers of the U.S. Coast Guard
operating Coast Guard vessels who have
been authorized to act on the behalf of
the Captain of the Port, Southeastern
New England.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.30
and 165.33 apply.
(2) In accordance with the general
regulations in 33 CFR 165.33 of this
part, entry into or movement within
these zones is prohibited unless
authorized by the Captain of the Port,
Southeastern New England.
(3) Any vessel permitted to enter
these security zones shall comply with
the Coast Guard Captain of the Port or
designated on-scene patrol personnel.
(4) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
(5) Persons and vessels may request
permission to enter the zone on VHF–
16.
Dated: August 31, 2016.
J.A. Smith,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Southeastern New
England.
[FR Doc. 2016–22463 Filed 9–16–16; 8:45 am]
BILLING CODE 9110–04–P
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.
VerDate Sep<11>2014
14:11 Sep 16, 2016
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[EPA–R02–OAR–2016–0389; FRL–9952–41–
Region 2]
Partial Approval and Partial
Disapproval of Air Quality
Implementation Plans; NJ;
Infrastructure SIP Requirements for
2008 Lead, 2008 Ozone, 2010 Nitrogen
Dioxide, 2010 Sulfur Dioxide, and 2012
PM2.5, 2006 PM10 and 2011 Carbon
Monoxide NAAQS: Interstate Transport
Provisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is partially approving and
partially disapproving elements of a
New Jersey State Implementation Plan
(SIP) submittal pertaining to the
infrastructure requirements of section
110(a)(1) and (2) of the Clean Air Act
(CAA) for the 2008 Lead, 2008 Ozone,
2010 Nitrogen Dioxide (NO2), 2010
Sulfur Dioxide (SO2), 2011 Carbon
Monoxide (CO), 2006 Particulate Matter
of ten microns or less (PM10), and 2012
Particulate Matter of 2.5 microns or less
(PM2.5) National Ambient Air Quality
Standards (NAAQS). The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA. This
action pertains specifically to
infrastructure requirements relating to
interstate transport provisions
concerning the Prevention of Significant
Deterioration of Air Quality (PSD)
regulations, and visibility protection.
DATES: This rule is effective on October
19, 2016.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2016–0389. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section
for additional information.
SUMMARY:
E:\FR\FM\19SER1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Rules and Regulations]
[Pages 64068-64070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22463]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2016-0813]
RIN 1625-AA87
Security Zone; 22nd International Seapower Symposium Special
Events, Rosecliff Mansion and Newport Marriott Hotel, Newport, RI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary 500-yard security
zone on the waters adjacent to Rosecliff Mansion and the Newport
Marriott Hotel, in Newport, Rhode Island, in conjunction with special
events of the U.S. Navy's 22nd International Seapower Symposium.
Vessels and people are prohibited from entering these security zones.
DATES: This rule is effective from 4 p.m. on September 20, 2016 through
11:30 p.m. on September 22, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0813 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Mr. Edward G. LeBlanc at 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
TFR Temporary Final Rule
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing a NPRM with respect to this rule. Because of
the sensitive security issues related to these special events, the
Coast Guard was not aware of the final details with sufficient time to
solicit public comments. Thus, waiting for a full comment period to run
would inhibit the Coast Guard's ability to keep senior military leaders
and government officials, along with the general public, safe from
subversive acts directed at these high visibility special events.
Providing a prolonged public notice and comment period is contrary
[[Page 64069]]
to the public interest due to national security concerns.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register. For the same
reasons discussed in the preceding paragraph, delaying the effective
date of this rule would be contrary to the public interest.
III. Legal Authority and Need for Rule
The legal authority for this rule is 33 U.S.C. 1231 which
authorizes the Coast Guard to define Security Zones.
The 22nd International Seapower Symposium is being held on Goat
Island, Newport, RI, from September 18 to September 23, 2016. High
level U.S. officials and delegates from over 125 countries are expected
to attend. As part of the Symposium, special events are being held on
the evenings of Tuesday, September 20 and Thursday, September 22, 2016,
at Rosecliff Mansion and the Newport Marriott Hotel, respectively,
which are waterfront properties in Newport, Rhode Island, and within
the COTP, Southeastern New England zone. The COTP has determined that
it is necessary to temporarily prohibit vessel traffic from transiting
within 500 yards of Rosecliff Mansion (approximate position 41[deg]-
27'54'' N., 071[deg]-18'18'' W.) and the Newport Marriott Hotel
(approximate position 41[deg]-29'23'' N., 071[deg]-19'04'' W.),
Newport, RI, to safeguard the symposium attendees against potential
sabotage, subversive acts, or other threats.
IV. Discussion of the Rule
For the reasons discussed above, this rule establishes temporary
500-yard security zones in the navigable waters adjacent to Rosecliff
Mansion (approximate position 41[deg]-27'54'' N., 071[deg]-18'18'' W.)
and the Newport Marriott Hotel (approximate position 41[deg]-29'23''
N., 071[deg]-19'04'' W.) respectively, in Newport, Rhode Island. These
security zones will be effective and enforced at Rosecliff Mansion and
the Newport Marriott Hotel from 4 p.m. to 11:30 p.m. on Tuesday,
September 20 and Thursday, September 22, 2016, respectively. Vessels
and persons will be prohibited from entering these security zones
during this time.
V. 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, 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 rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the rule has not been reviewed by the Office of Management
and Budget.
The Coast Guard expects the economic impact of this rule to be
minimal, such that a full regulatory evaluation under the regulatory
policies and procedures of DHS is unnecessary. The effect of this rule
will be small, as the duration of the security zones is for only seven
and a half hours on two separate evenings. Additionally, vessels may be
permitted to transit and navigate in waters adjacent to this security
zones, minimizing any adverse impact. Maritime advisories will be
broadcasted.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
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
security zones may be small entities, for the reasons stated in section
V.A above this 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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it 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 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
[[Page 64070]]
that may result in the expenditure by a State, local, or tribal
government, in the aggregate, or by the private sector of $100,000,000
(adjusted for inflation) or more in any one year. Though this rule does
not result in such an expenditure, we do discuss the effects of this
rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
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 determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the establishment of temporary security zones for special
events being held in conjunction with the 22nd International Seapower
Symposium. Normally such actions are categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of Commandant
Instruction M16475.lD. An environmental analysis checklist and
Categorical Exclusion Determination 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.
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, and 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 temporary Sec. 165.T01-0813 to read as follows:
Sec. 165.T01-0813 Security Zones: Rosecliff Mansion and Newport
Marriott Hotel, Newport, Rhode Island.
(a) Location. The following areas are security zones: All navigable
waters, from surface to bottom, within 500 yards of Rosecliff Mansion
(approximate position 41[deg]-27'54'' N., 071[deg]-18'18'' W.) and the
Newport Marriott Hotel (approximate position 41[deg]-29'23'' N.,
071[deg]-19'04'' W.), Newport, Rhode Island.
(b) Effective and enforcement period. This rule will be effective
and enforced from 4 p.m. to 11:30 p.m. on Tuesday, September 20, 2016
at Rosecliff Mansion, and from 4 p.m. to 11:30 p.m. on Thursday,
September 22, 2016, at the Newport Marriott Hotel.
(c) Definitions. The following definitions apply to this section:
``Designated on-scene patrol personnel'' means any commissioned,
warrant and petty officers of the U.S. Coast Guard operating Coast
Guard vessels who have been authorized to act on the behalf of the
Captain of the Port, Southeastern New England.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.30 and 165.33 apply.
(2) In accordance with the general regulations in 33 CFR 165.33 of
this part, entry into or movement within these zones is prohibited
unless authorized by the Captain of the Port, Southeastern New England.
(3) Any vessel permitted to enter these security zones shall comply
with the Coast Guard Captain of the Port or designated on-scene patrol
personnel.
(4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel shall proceed
as directed.
(5) Persons and vessels may request permission to enter the zone on
VHF-16.
Dated: August 31, 2016.
J.A. Smith,
Commander, U.S. Coast Guard, Acting Captain of the Port, Southeastern
New England.
[FR Doc. 2016-22463 Filed 9-16-16; 8:45 am]
BILLING CODE 9110-04-P
