Special Local Regulations and Safety Zones; Annually Recurring Events in Coast Guard Southeastern New England Captain of the Port Zone, 23140-23143 [2017-10387]

Download as PDF 23140 Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations areas of the country, as well as assure all issues at these meetings and visits are addressed. Additional time will also allow MSHA to train its inspectors to assure consistent enforcement. MSHA will make the Agency’s inspector training materials available to the mining community to assist miners and mine operators in effectively implementing the rule, thus enhancing the safety of miners. Several commenters, including labor unions, did not support the proposed extension, stating that the May 2017 date was sufficient for mine operators to comply with the final rule. One stated that the 60-day extension is not justified and is potentially harmful because the final rule made only a few, simple changes to the existing standards which have been in place for 38 years. As discussed, most metal and nonmetal mines are small operations with limited staff, limited administrative staff, and limited resources, and many are located in remote areas. These small mines may have limited access or no access to the internet at the mine site and may rely on stakeholder meetings and other MSHA in-person services to acquire the knowledge to comply with the rule. MSHA is providing educational, technical, and compliance assistance for affected miners and mine operators. In MSHA’s experience with previous changes to metal and nonmetal standards and regulations, outreach to these small mine operators requires MSHA to be flexible regarding different approaches that may be needed and regarding the time necessary to assure that all miners and mine operators can comply with the rule. MSHA has concluded that miners’ protections are assured when operators and miners are provided needed informational and instructional materials regarding the rule’s requirements. The extension of the effective date provides MSHA the flexibility the Agency needs to assure compliance, thereby increasing protections for miners. nlaroche on DSK30NT082PROD with RULES II. Other Issues On March 17, 2017, petitioners filed a Petition for Review of the final Examinations rule in the United States Court of Appeals for the Eleventh Circuit. Some commenters on the proposed rule to delay the effective date requested a stay of the effective date until the completion of this litigation and final adjudication of the validity of the final rule in federal court. One commenter suggested at least a 6-month extension to November 27, 2017, or later VerDate Sep<11>2014 12:40 May 19, 2017 Jkt 241001 to give the court time to issue a decision on the Petition for Review. Petitioners also filed a ‘‘Motion for Emergency Stay’’ with the Court. On May 3, the Department filed its response to the stay motion. Other commenters requested a delay until new officials from the current Administration and an Assistant Secretary appointed by the Administration have an opportunity to conduct a review of the final rule in accordance with the January 20, 2017, memorandum titled ‘‘Regulatory Freeze Pending Review’’ released by the Chief of Staff of the White House. Several commenters also suggested that MSHA delay the effective date indefinitely until the rule’s status is finally resolved. MSHA also received several comments objecting to the substantive requirements of the Examinations rule. These comments are outside the scope of the March 27, 2017, proposed rule, which was limited to delaying the rule’s effective date to ensure compliance readiness. MSHA is not addressing these comments, as they are beyond the scope of this rulemaking. III. Conclusion Having given due consideration to all comments received, MSHA has determined that it is appropriate to delay the effective date until October 2, 2017. As stated, this additional delay will address commenters’ concerns regarding sufficient time for MSHA to inform and educate the mining community, including mines that operate intermittently. The extension also affords both large and small mine operators the needed time to implement recordkeeping systems to comply with the final rule. Also, an October 2, 2017, effective date provides more time and flexibility for MSHA to complete development of compliance assistance materials, make them available to stakeholders, hold informational meetings for stakeholders and conduct compliance assistance visits at metal and nonmetal mines throughout the country. Similarly, further extending the effective date permits more time for MSHA to address issues that may be raised during upcoming stakeholder meetings and compliance assistance visits and to train MSHA inspectors to help assure consistency in MSHA enforcement. MSHA believes that the training and compliance assistance provided to mine operators and miners during the effective date extension will enhance their understanding of the PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 rule’s requirements, thereby increasing protections for miners. Patricia W. Silvey, Deputy Assistant Secretary of Labor for Mine Safety and Health. [FR Doc. 2017–10474 Filed 5–19–17; 8:45 am] BILLING CODE 4520–43–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 and 165 [Docket No. USCG–2016–1022] RIN 1625–AA08; AA00 Special Local Regulations and Safety Zones; Annually Recurring Events in Coast Guard Southeastern New England Captain of the Port Zone Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is amending a special local regulation to change the method of providing notice to the public when enforcing the safety zone associated with the biennial Newport/ Bermuda Race. The Coast Guard is also establishing permanent safety zones in Coast Guard Southeastern New England Captain of the Port (COTP) Zone for two recurring marine events. When the special local regulation or safety zones are activated and subject to enforcement, vessels and people will be restricted from portions of water areas that may pose a hazard to public safety. The revised special local regulation and safety zones will expedite public notification of the applicable marine events, and help protect the maritime public and event participants from hazards associated with these recurring marine events. DATES: This rule is effective June 21, 2017. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2016– 1022 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 about this rule, 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: ADDRESSES: E:\FR\FM\22MYR1.SGM 22MYR1 Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations I. Table of Acronyms CFR Code of Federal Regulations COTP Captain of the Port DHS epartment of Homeland Security FR Federal Register LNTM Local Notice To Mariners NOE Notice of Enforcement NPRM Notice of proposed rulemaking § Section TFR Temporary Final Rule U.S.C. United States Code II. Background Information and Regulatory History On March 9, 2017, the Coast Guard published a notice of proposed rulemaking (NPRM) titled ‘‘Special Local Regulations and Safety Zones; Annually Recurring Marine Events in Coast Guard Southeastern New England Captain of the Port Zone’’ (82 FR 13081). There we stated why we issued the NPRM, and invited comments on our regulatory action. During the comment period that ended on April 10, 2017, we received no comments. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231, 1233; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to define safety zones and special local regulations. The Captain of the Port (COTP) Southeastern New England has determined that this rule will improve the method of providing notice to the public when enforcing the safety zone associated with the biennial Newport/ Bermuda Race. The COTP Southeastern New England has also determined that establishing permanent safety zones for both the Fall River Grand Prix and the Cape Cod Bay Challenge will enhance the safety of vessels and the navigable waters in the safety zone during these scheduled events. nlaroche on DSK30NT082PROD with RULES IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published on March 9, 2017. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule amends a special local regulation to change the method of providing notice to the public when enforcing the safety zone associated with the biennial Newport/Bermuda Race. This rule also establishes permanent safety zones in Coast Guard Southeastern New England Captain of the Port (COTP) Zone for two recurring marine events: (1) The Fall River Grand Prix, and (2) the Cape Cod Bay Challenge. The two events will be VerDate Sep<11>2014 12:40 May 19, 2017 Jkt 241001 included in the Table at 33 CFR 165.173, which is a listing of recurring major marine events in the Coast Guard Southeastern New England COTP Zone. The TABLE provides the event name, type, and approximate safety zone dimensions as well as approximate dates, times, and locations of the events. The specific times, dates, regulated areas and enforcement period for each event will be provided through the Local Notice to Mariners. When the special local regulation or safety zones are activated and subject to enforcement, vessels and people will be restricted from portions of water areas that may pose a hazard to public safety. The revised special local regulation and safety zones will expedite public notification of the applicable marine events, and help protect the maritime public and event participants from hazards associated with these recurring marine events. V. Regulatory Analyses We developed this 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 rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget. With respect to the change in method of providing the NOE for the Newport/ Bermuda Race, this rule utilizes an approach that the Coast Guard believes is more effective, less costly, and more flexible. By utilizing an LNTM to provide the NOE for the Newport/ Bermuda race, the Coast Guard will be able to better inform waterway users in a timelier manner. With respect to the safety zones for the recurring marine events, this regulatory action determination is based on the size, location, duration, and timeof-day of the safety zone. Vessels will only be restricted from safety zones and special local regulation areas for a short duration of time; vessels may transit in PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 23141 all portions of the affected waterway except for those areas covered by the regulated areas, and vessels may enter or pass through the affected waterway with the permission of the COTP or the COTP’s representative. By including these two recurring marine events in the permanent regulation at 33 CFR 165.173, the Coast Guard is eliminating the need to establish individual temporary rules for each separate event that occurs on an annual basis, thereby limiting the costs of repetitive rulemaking. Notifications will be made to the local maritime community through the LNTM in advance of the events. The notifications will include the exact dates and times of enforcement, and no new or additional restrictions will be imposed on vessel traffic. 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 does not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zones may be small entities, for the reasons stated in section IV above this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please 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 E:\FR\FM\22MYR1.SGM 22MYR1 23142 Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations C. Collection of Information This rule does not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 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 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. List of Subjects F. Environment 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. 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 parts 100 and 165 as follows: 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 makes an administrative change to the method of notification of one marine event, and involves the establishment of temporary safety zones in conjunction with two recurring marine events in Southeastern New England COTP Zone. These actions are categorically excluded from further review under paragraph 34(g) of Figure 2–1 of Commandant Instruction M16475.lD. A Record of Environmental Consideration (REC) supporting this determination 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 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. 33 CFR Part 100 Marine safety, Navigation (water), Reporting and record-keeping requirements, Waterways. 33 CFR Part 165 PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. 2. In § 100.119, revise paragraph (c) to read as follows: ■ § 100.119 Newport-Bermuda Regatta, Narragansett Bay, Newport, RI. * * * * * (c) Effective date. This section is in effect biennially on a date and times published in the Local Notice to Mariners. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 3. 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. 4. In § 165.173, add sections 8.4 and 8.5 to the Table to read as follows: ■ § 165.173 Safety Zones for annually recurring marine events held in Coast Guard Southeastern New England Captain of the Port Zone. * * * * * TABLE TO § 165.173 * * * * * AUGUST 8.0 nlaroche on DSK30NT082PROD with RULES 8.4 * * Fall River Grand Prix .................................. VerDate Sep<11>2014 23:57 May 19, 2017 Jkt 241001 * * * * * * * • Event Type: Offshore powerboat race • Date: One weekend (Friday, Saturday, & Sunday) in August as announced in the Local Notice to Mariners. • Time: Approximately 8:00 a.m. to 5 p.m. daily • Location: Taunton River, Massachusetts, in the vicinity of Fall River and Somerset, MA. • Safety Zone Dimension: 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 Bridge. The safety zone is encompassed by the following coordinates (NAD 83): PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\22MYR1.SGM 22MYR1 Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations 23143 TABLE TO § 165.173—Continued Corner Latitude Longitude SW., 41°41.40′ N., 71°11.15′ W. NW., 41°41.48′ N., 71°11.15′ W. SE., 41°42.33′ N., 71°09.40′ W. NE., 41°42.42′ N., 71°09.47′ W. 8.5 * Cape Cod Bay Challenge .......................... * * * * [FR Doc. 2017–10387 Filed 5–19–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2017–0370] Drawbridge Operation Regulation; Sacramento River, Sacramento, CA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Tower Drawbridge across the Sacramento River, mile 59.0 at Sacramento, CA. The deviation is necessary to allow the community to participate in a Girl Scouts Ceremony event. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period. DATES: This deviation is effective from 10 a.m. to 12 p.m. on June 3, 2017. ADDRESSES: The docket for this deviation, [USCG–2017–0370], is available at http://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 deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Carl T. Hausner, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510–437– 3516; email Carl.T.Hausner@uscg.mil. nlaroche on DSK30NT082PROD with RULES SUMMARY: 12:40 May 19, 2017 Event Type: Paddleboard excursion. Date: One weekend day (Saturday or Sunday) in August. Time: Approximately 4:30 a.m. to 4:30 p.m. Location: Departing from Scusset Beach, Sandwich, MA, and transiting to Wellfleet Harbor, Wellfleet, MA. • Position: A line drawn from Scusset Beach at approximate position 41°47′ N., 70°30′ W., to Wellfleet Harbor at approximate position 41°53′ N., 70°02′ W. (NAD 83). • Safety Zone Dimension: Approximately 500 yards extending in each direction from the line described above. California Department of Transportation has requested a temporary change to the operation of the Tower Drawbridge, mile 59.0, over Sacramento River, at Sacramento, CA. The drawbridge navigation span provides a vertical clearance of 30 feet above Mean High Water in the closed-to-navigation position. The draw operates as required by 33 CFR 117.189(a). Navigation on the waterway is commercial and recreational. The drawspan will be secured in the closed-to-navigation position from 10 a.m. to 12 p.m. on June 3, 2017, to allow the community to participate in a Girl Scouts Ceremony event. This temporary deviation has been coordinated with the waterway users. No objections to the proposed temporary deviation were raised. Vessels able to pass through the bridge in the closed position may do so at anytime. The bridge will be able to open for emergencies and there is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterway, through our Local and Broadcast Notices to Mariners, of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. SUPPLEMENTARY INFORMATION: Dated: May 10, 2017. Richard J. Schultz, Captain, U.S. Coast Guard, Captain of the Port Southeastern New England. VerDate Sep<11>2014 • • • • Jkt 241001 Dated: May 17, 2017. C.T. Hausner, District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2017–10422 Filed 5–19–17; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2017–0364] Drawbridge Operation Regulation; Lake Washington Ship Canal, Seattle, WA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the University Bridge, mile 4.3, and the Montlake Bridge, mile 5.2, both crossing Lake Washington Ship Canal at Seattle, WA. The deviation is necessary to accommodate the ‘‘Beat the Bridge’’ foot race event. This deviation allows the bridges to remain in the closed-tonavigation position to allow for the safe movement of event participants. DATES: This deviation is effective from 8:15 a.m. to 9:30 a.m. on May 21, 2017. ADDRESSES: The docket for this deviation, [USCG–2017–0364] is available at http://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 deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. SUPPLEMENTARY INFORMATION: Washington State Department of Transportation (bridge owner) and Seattle Department of Transportation (bridge owner) requested a temporary deviation from the operating schedule SUMMARY: E:\FR\FM\22MYR1.SGM 22MYR1

Agencies

[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Rules and Regulations]
[Pages 23140-23143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10387]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100 and 165

[Docket No. USCG-2016-1022]
RIN 1625-AA08; AA00


Special Local Regulations and Safety Zones; Annually Recurring 
Events in Coast Guard Southeastern New England Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending a special local regulation to 
change the method of providing notice to the public when enforcing the 
safety zone associated with the biennial Newport/Bermuda Race. The 
Coast Guard is also establishing permanent safety zones in Coast Guard 
Southeastern New England Captain of the Port (COTP) Zone for two 
recurring marine events. When the special local regulation or safety 
zones are activated and subject to enforcement, vessels and people will 
be restricted from portions of water areas that may pose a hazard to 
public safety. The revised special local regulation and safety zones 
will expedite public notification of the applicable marine events, and 
help protect the maritime public and event participants from hazards 
associated with these recurring marine events.

DATES: This rule is effective June 21, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-1022 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 about this rule, 
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:

[[Page 23141]]

I. Table of Acronyms

CFR Code of Federal Regulations
COTP Captain of the Port
DHS epartment of Homeland Security
FR Federal Register
LNTM Local Notice To Mariners
NOE Notice of Enforcement
NPRM Notice of proposed rulemaking
Sec.  Section
TFR Temporary Final Rule
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 9, 2017, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Special Local Regulations and Safety Zones; 
Annually Recurring Marine Events in Coast Guard Southeastern New 
England Captain of the Port Zone'' (82 FR 13081). There we stated why 
we issued the NPRM, and invited comments on our regulatory action. 
During the comment period that ended on April 10, 2017, we received no 
comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231, 1233; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; and 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to define safety zones and 
special local regulations.
    The Captain of the Port (COTP) Southeastern New England has 
determined that this rule will improve the method of providing notice 
to the public when enforcing the safety zone associated with the 
biennial Newport/Bermuda Race. The COTP Southeastern New England has 
also determined that establishing permanent safety zones for both the 
Fall River Grand Prix and the Cape Cod Bay Challenge will enhance the 
safety of vessels and the navigable waters in the safety zone during 
these scheduled events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
March 9, 2017. There are no changes in the regulatory text of this rule 
from the proposed rule in the NPRM. This rule amends a special local 
regulation to change the method of providing notice to the public when 
enforcing the safety zone associated with the biennial Newport/Bermuda 
Race. This rule also establishes permanent safety zones in Coast Guard 
Southeastern New England Captain of the Port (COTP) Zone for two 
recurring marine events: (1) The Fall River Grand Prix, and (2) the 
Cape Cod Bay Challenge. The two events will be included in the Table at 
33 CFR 165.173, which is a listing of recurring major marine events in 
the Coast Guard Southeastern New England COTP Zone. The TABLE provides 
the event name, type, and approximate safety zone dimensions as well as 
approximate dates, times, and locations of the events. The specific 
times, dates, regulated areas and enforcement period for each event 
will be provided through the Local Notice to Mariners.
    When the special local regulation or safety zones are activated and 
subject to enforcement, vessels and people will be restricted from 
portions of water areas that may pose a hazard to public safety. The 
revised special local regulation and safety zones will expedite public 
notification of the applicable marine events, and help protect the 
maritime public and event participants from hazards associated with 
these recurring marine events.

V. Regulatory Analyses

    We developed this 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 rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget.
    With respect to the change in method of providing the NOE for the 
Newport/Bermuda Race, this rule utilizes an approach that the Coast 
Guard believes is more effective, less costly, and more flexible. By 
utilizing an LNTM to provide the NOE for the Newport/Bermuda race, the 
Coast Guard will be able to better inform waterway users in a timelier 
manner.
    With respect to the safety zones for the recurring marine events, 
this regulatory action determination is based on the size, location, 
duration, and time-of-day of the safety zone. Vessels will only be 
restricted from safety zones and special local regulation areas for a 
short duration of time; vessels may transit in all portions of the 
affected waterway except for those areas covered by the regulated 
areas, and vessels may enter or pass through the affected waterway with 
the permission of the COTP or the COTP's representative. By including 
these two recurring marine events in the permanent regulation at 33 CFR 
165.173, the Coast Guard is eliminating the need to establish 
individual temporary rules for each separate event that occurs on an 
annual basis, thereby limiting the costs of repetitive rulemaking.
    Notifications will be made to the local maritime community through 
the LNTM in advance of the events. The notifications will include the 
exact dates and times of enforcement, and no new or additional 
restrictions will be imposed on vessel traffic.

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 
does not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zones may be small entities, for the reasons stated in section 
IV above this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
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

[[Page 23142]]

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 does not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. 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 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 makes an administrative change to the method of notification of 
one marine event, and involves the establishment of temporary safety 
zones in conjunction with two recurring marine events in Southeastern 
New England COTP Zone. These actions are categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of Commandant 
Instruction M16475.lD. A Record of Environmental Consideration (REC) 
supporting this determination 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 
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

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record-keeping 
requirements, Waterways.

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 parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. In Sec.  100.119, revise paragraph (c) to read as follows:


Sec.  100.119  Newport-Bermuda Regatta, Narragansett Bay, Newport, RI.

* * * * *
    (c) Effective date. This section is in effect biennially on a date 
and times published in the Local Notice to Mariners.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. 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
 4. In Sec.  165.173, add sections 8.4 and 8.5 to the Table to read as 
follows:


Sec.  165.173  Safety Zones for annually recurring marine events held 
in Coast Guard Southeastern New England Captain of the Port Zone.

* * * * *

                         Table to Sec.   165.173
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                              * * * * * * *
8.0                                              AUGUST
------------------------------------------------------------------------
 
                              * * * * * * *
8.4 Fall River Grand Prix....   Event Type: Offshore powerboat
                                race
                                Date: One weekend (Friday,
                                Saturday, & Sunday) in August as
                                announced in the Local Notice to
                                Mariners.
                                Time: Approximately 8:00 a.m. to
                                5 p.m. daily
                                Location: Taunton River,
                                Massachusetts, in the vicinity of Fall
                                River and Somerset, MA.
                                Safety Zone Dimension: 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 Bridge. The safety zone is
                                encompassed by the following coordinates
                                (NAD 83):
 

[[Page 23143]]

 
                                  Corner Latitude Longitude
                               SW., 41[deg]41.40' N., 71[deg]11.15' W.
                               NW., 41[deg]41.48' N., 71[deg]11.15' W.
                               SE., 41[deg]42.33' N., 71[deg]09.40' W.
                               NE., 41[deg]42.42' N., 71[deg]09.47' W.
------------------------------------------------------------------------
8.5 Cape Cod Bay Challenge...   Event Type: Paddleboard
                                excursion.
                                Date: One weekend day (Saturday
                                or Sunday) in August.
                                Time: Approximately 4:30 a.m. to
                                4:30 p.m.
                                Location: Departing from Scusset
                                Beach, Sandwich, MA, and transiting to
                                Wellfleet Harbor, Wellfleet, MA.
                                Position: A line drawn from
                                Scusset Beach at approximate position
                                41[deg]47' N., 70[deg]30' W., to
                                Wellfleet Harbor at approximate position
                                41[deg]53' N., 70[deg]02' W. (NAD 83).
                                Safety Zone Dimension:
                                Approximately 500 yards extending in
                                each direction from the line described
                                above.
------------------------------------------------------------------------

* * * * *

    Dated: May 10, 2017.
Richard J. Schultz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New 
England.
[FR Doc. 2017-10387 Filed 5-19-17; 8:45 am]
BILLING CODE 9110-04-P