Special Local Regulations and Safety Zones; Annually Recurring Events in Coast Guard Southeastern New England Captain of the Port Zone, 23140-23143 [2017-10387]
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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.
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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
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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
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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 https://
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:
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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.
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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
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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
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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
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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
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8.4
*
*
Fall River Grand Prix ..................................
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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):
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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 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 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.
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•
•
•
•
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
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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 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 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:
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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 https://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
