Safety Zone, Volvo Ocean Race Newport; East Passage, Narragansett Bay, RI, 18943-18946 [2018-09187]
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–1080 to read as
follows:
■
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§ 165.T08–1080
Orange, Texas.
Safety Zone; Sabine River,
(a) Location. The following area is a
safety zone: all navigable waters of the
Sabine River, extending the entire width
of the river, adjacent to the public boat
ramp located in Orange, TX bounded by
the Navy Pier One at latitude 30°05′50″
N to the north and latitude 30°05′33″ N
to the south.
(b) Effective period. This section is
effective from 8:30 a.m. on May 19, 2018
through 6 p.m. on May 20, 2018.
(c) Enforcement periods. This section
will be enforced from 8:30 a.m. through
6 p.m. daily. Breaks in the racing will
occur during the enforcement periods,
which will allow for vessels to pass
through the safety zone. The Captain of
the Port Marine Safety Unit Port Arthur
(COTP) or a designated representative
will provide notice of breaks as
appropriate under paragraph (e) of this
section.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry of vessels or persons into this zone
is prohibited unless authorized by the
COTP or a designated representative.
They may be contacted on VHF–FM
channel 13 or 16, or by phone at by
telephone at 409–719–5070. A
designated representative may be a
Patrol Commander (PATCOM). The
PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The Patrol Commander may be
contacted on Channel 16 VHF–FM
(156.8 MHz) by the call sign
‘‘PATCOM’’.
(2) All persons and vessels not
registered with the sponsor as
participants or official patrol vessels are
considered spectators. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
and sponsor provided vessels assigned
or approved by the COTP or a
designated representative to patrol the
regulated area.
(3) Spectator vessels desiring to
transit the regulated area may do so only
with prior approval of the Patrol
Commander and when so directed by
that officer will be operated at a
minimum safe navigation speed in a
manner which will not endanger
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participants in the regulated area or any
other vessels.
(4) No spectator vessel shall anchor,
block, loiter, or impede the through
transit of participants or official patrol
vessels in the regulated area during the
effective dates and times, unless cleared
for entry by or through an official patrol
vessel.
(5) Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel. Spectator vessels may be
moored to a waterfront facility within
the regulated area in such a way that
they shall not interfere with the progress
of the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the regulated area and
remain moored through the duration of
the event.
(6) The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
(7) The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property.
(8) The COTP or a designated
representative will terminate
enforcement of the special local
regulations at the conclusion of the
event.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement through Local Notice to
Mariners (LNMs), Broadcast Notices to
Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
DEPARTMENT OF HOMELAND
SECURITY
Dated: April 24, 2018.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the
Port Marine Safety Unit Port Arthur.
18943
I. Table of Abbreviations
[FR Doc. 2018–09122 Filed 4–30–18; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0118]
RIN 1625–AA00
Safety Zone, Volvo Ocean Race
Newport; East Passage, Narragansett
Bay, RI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters of the East Passage,
Narragansett Bay, RI, during the Volvo
Ocean Race Newport marine event from
May 17 to May 21, 2018. This safety
zone is intended to safeguard mariners
from the hazards associated with highspeed, high-performance sailing vessels
competing in inshore races on the
waters of the East Passage, Narragansett
Bay, RI. Vessels will be prohibited from
entering into, transiting through,
mooring, or anchoring within this safety
zone during periods of enforcement
unless authorized by the Captain of the
Port (COTP), Southeastern New England
or the COTP’s designated representative
or Patrol Commander (PATCOM).
DATES: This rule is effective from 11
a.m. May 17, 2018 through 7 p.m. May
21, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0118 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 rule, call or
email LT Arthur Frooks, Waterways
Management Division, Sector
Southeastern New England, U.S. Coast
Guard; telephone 401–435–2355, email
Arthur.E.Frooks@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
CFR Code of Federal Regulations
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 Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
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
notice of proposed rulemaking (NPRM)
because it is impractical to provide and
publish an NPRM with a full comment
period. This safety zone is necessary to
ensure the safety of vessels and persons
in the East Passage before, during, and
after the event. It is impractical to
publish an NPRM, request comment,
and then publish a final rule as this
safety zone must be effective by May 17,
2018.
Under 5 U.S.C. 553(d)(3), the Coast
Guard also finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because, in order to protect persons and
vessels from the dangers associated with
the scheduled event, it is necessary the
safety zone is established by May 17,
2018.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port (COTP) Southeastern
New England has determined that the
Newport Volvo Ocean Race presents a
potential safety concern to vessels,
people, and the navigable waters of the
East Passage of Narragansett Bay in the
vicinity of Newport, R.I. This event is
part of a world-wide race and it is
expected to generate national and
international media coverage, in
addition to spectators on a number of
recreational and excursion vessels. As a
result, this rule is needed to ensure the
safety of vessels and the navigable
waters in the East Passage before,
during, and after the scheduled event.
IV. Discussion of the Rule
The Coast Guard is establishing this
safety zone, in conjunction with the
Volvo Ocean Race Newport, to ensure
the protection of the maritime public
and event participants from the hazards
associated with large-scale marine
events. This safety zone is of similar
dimension and duration to the one
established in 2015. The safety zone
will extend from an east-west line
across the East Passage of Narragansett
Bay at the Newport Pell Bridge south to
the COLREGS demarcation line between
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Brenton Pt and Beavertail Pt. The safety
zone will be enforced only during times
of actual sailing vessel racing.
The East Passage of Narragansett Bay
is the site of many marine events each
year. As a result, vessel traffic,
particularly recreational vessel traffic, is
frequently required to utilize the West
Passage of Narragansett Bay.
Accordingly, the West Passage of
Narragansett Bay may be a viable option
for recreational vessels as well as many
tug/barge combinations and smaller
commercial vessels during the Volvo
Ocean Race Newport.
Regardless, the Coast Guard
anticipates that some commercial and/
or recreational vessels may still need to
transit the East Passage of Narragansett
Bay for a variety of reasons, including
destination, familiarity with the
waterway, tide restrictions, etc. Vessels
may be able to continue transits through
the East Passage, even during
enforcement of the safety zone, as there
may be sufficient room for most
recreational vessels, and some
commercial vessels, to pass to the west
of the safety zone. Also, the Coast Guard
routinely works with the local marine
pilot organization and shipping agents
to coordinate vessel transits during
marine events in the East Passage, and
will continue to do so for the entire
event to avoid major interruptions to
shipping schedules.
regulation may have some adverse
impact on the public, the potential
impact will be minimized for the
following reasons: the safety zone will
be in effect for a maximum of eight
hours each day for five consecutive
days; vessels will only be restricted
from the zone in the East Passage of
Narragansett Bay during those limited
periods when the races are actually
ongoing; during periods when there is
no actual racing (e.g., racing vessels
transiting from the pier to the racing
site, downtime between races, etc.)
vessels may be allowed to transit
through the safety zone; there is an
alternate route, the West Passage of
Narragansett Bay, that does not add
substantial transit time, is already
routinely used by mariners, and will not
be affected by this safety zone; many
vessels, especially recreational vessels,
will still have sufficient room to transit
the affected waterway; and vessels may
enter or pass through the safety zone
with the permission of the COTP or the
COTP’s representative.
Notification of the Volvo Ocean Race
Newport and the associated safety zone
will be made to mariners through the
Rhode Island Port Safety Forum, Local
Notice to Mariners, event sponsors, and
local media well in advance of the
event.
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.
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 will not have a
significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which might be small
entities: owners or operators of vessels
intending to transit, fish, or anchor in
the East Passage of Narragansett Bay, RI,
during the Volvo Ocean Race Newport
sailing races.
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 will
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
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 13771 directs agencies
to control regulatory costs through a
budgeting process. 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 (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone. We
expect the adverse economic impact of
this rule to be minimal. Although this
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B. Impact on Small Entities
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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 will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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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
above.
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
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more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, 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 safety
zone in conjunction with the four-day
Volvo Ocean Race Newport event and a
fifth day reserved as a ‘‘rain date’’
should inclement weather delay
scheduled races. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A Record of
Environmental Consideration
supporting this determination will be
available in the docket where indicated
under ADDRESSES.
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), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T01–0118 to read as
follows:
■
§ 165.T01–0118 Safety Zone for Volvo
Ocean Race Newport, East Passage,
Narragansett Bay, RI.
(a) Location. The following area is a
safety zone: From an east-west line
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18945
across the East Passage of Narragansett
Bay at the Newport Bridge south to the
COLREGS demarcation line between
Brenton Pt and Beavertail Pt.
(b) Enforcement period. Vessels will
be prohibited from entering this safety
zone, when enforced, during the Volvo
Ocean Race Newport sailing vessel
racing events each day between 11 a.m.
and 7 p.m. from Thursday, May 17,
2018 to Monday, May 21, 2018.
(c) Definitions. The following
definitions apply to this section:
(1) Designated representative. A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant, petty
officer, or designated Patrol Commander
of the U.S. Coast Guard who has been
designated by the Captain of the Port,
Sector Southeastern New England
(COTP), to act on his or her behalf. The
designated representative may be on an
official patrol vessel or may be on shore
and will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official patrol vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
(3) Patrol commander. The Coast
Guard may patrol this safety zone under
the direction of a designated Coast
Guard Patrol Commander. The Patrol
Commander may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM.’’
(4) Spectators. Includes persons and
vessels not registered with the event
sponsor as participants or official patrol
vessels.
(d) Regulations. (1) The general
regulations contained in § 165.23 as
well as the following regulations apply
to the safety zone established in
conjunction with the Volvo Ocean Race
Newport, East Passage, Narragansett
Bay, Newport, RI. These regulations
may be enforced for the duration of the
event.
(2) Approximately one hour prior to
race start time each day of the event, the
Coast Guard will announce via Safety
Marine Information Broadcasts and
local media the times and duration of
each sailing race scheduled for that day,
including the precise area(s) of the
safety zone that will be enforced.
(3) Vessels may not transit through or
within the safety zone during periods of
enforcement without Patrol Commander
approval. Vessels permitted to transit
must operate at a no-wake speed, in a
manner which will not endanger
participants or other crafts in the event.
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(4) Spectators or other vessels shall
not anchor, block, loiter, or impede the
movement of event participants or
official patrol vessels in the safety zone
unless authorized by an official patrol
vessel.
(5) The Patrol Commander may
control the movement of all vessels in
the safety zone. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the lawful directions issued.
Failure to comply with a lawful
direction may result in expulsion from
the area, citation for failure to comply,
or both.
(6) The Patrol Commander may delay
or terminate the Volvo Ocean Race at
any time to ensure safety. Such action
may be justified as a result of weather,
traffic density, spectator actions, or
participant behavior.
Dated: April 16, 2018.
R.J. Schultz,
Captain, U.S. Coast Guard, Captain of the
Port Southeastern New England.
[FR Doc. 2018–09187 Filed 4–30–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0304]
RIN 1625–AA00
Safety Zone; Housatonic River, Milford
and Stratford, CT
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Housatonic River.
This action is necessary to provide for
the safety of life on these navigable
waters near Milford and Stratford, CT,
during a wire replacement project on
the Devon Railroad Bridge. Entry of
vessels or people into the safety zone is
prohibited unless authorized by the
Captain of the Port Long Island Sound
or a designated representative. The
safety zone will only be enforced during
wire replacement operations or other
instances which may create a hazard to
navigation.
DATES: This rule is effective without
actual notice from May 1, 2018 through
May 15, 2018. For the purposes of
enforcement, actual notice will be used
from April 5, 2018 through May 1, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
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SUMMARY:
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available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0304 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 rule, contact
Chief Petty Officer Katherine Linnick,
Prevention Department, U.S. Coast
Guard Sector Long Island Sound,
telephone (203) 468–4565, email
Katherine.E.Linnick@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983
II. Background Information and
Regulatory History
On March 19, 2018, Sector Long
Island Sound was made aware of an
emergency wire replacement project for
the Devon Railroad Bridge over the
Housatonic River near Stratford and
Milford, CT. The Captain of the Port
(COTP) Long Island Sound has
determined that the potential hazards
associated with the wire replacement
project could be a safety concern for
anyone within the safety zone.
The project runs from April 5, 2018
through May 15, 2018. During this
project, CIANBRO Construction work
boats will be in place to remove frayed
guy wires currently spanning between
two high towers above the Devon
Railroad Bridge. Once the frayed guy
wires are removed, CIANBRO
Construction work boats will stretch
new replacement guy wires across the
navigable channel and will hoist the
wires to the top of the high towers via
a pull rope attached to a work boat,
starting on the west side of the river,
then finishing on the east side of the
river. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP Long Island Sound or a
designated representative. The safety
zone will be enforced only when wires,
cables, and rigging equipment are
stretched across the navigable channel
at low elevations during the wire
replacement project or when other
hazards to navigation arise. The Coast
Guard will issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 twenty-four (24) hours in advance to
any period of enforcement or as soon as
practicable in response to an emergency.
If the project is completed prior to May
15, 2018, enforcement of the safety zone
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will be suspended and notice given via
Broadcast Notice to Mariners.
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 an
NPRM with respect to this rule because
doing so would be impracticable and
contrary to the public interest. The late
finalization of project details did not
give the Coast Guard enough time to
publish an NPRM, take public
comments, and issue a final rule before
the wire replacement project is set to
begin. It would be impracticable and
contrary to the public interest to delay
promulgating this rule as it is necessary
to protect the safety of the public and
waterway users.
Under 5 U.S.C. 553(d)(3), and for the
same reasons stated in the preceding
paragraph, the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
III. Legal Authority and Need for Rule
The legal basis for this temporary rule
is 33 U.S.C. 1231. The COTP Long
Island Sound has determined that
potential hazards associated with the
wire replacement project, which runs
from April 5, 2018 through May 15,
2018, will be a safety concern for
anyone on the navigable waters within
100 yards of the wire replacement
project. This rule is needed to protect
people, vessels, and the marine
environment within the safety zone
until the wire replacement project is
completed.
IV. Discussion of the Rule
This rule establishes a safety zone
from 6:00 a.m. on April 5, 2018 through
6:00 p.m. on May 15, 2018. The safety
zone will cover all navigable waters of
the Housatonic River near Milford and
Stratford, CT contained within the
following area: Beginning at a point on
land in position at 41°12′14.5″ N,
073°06′40.8″ W south of the Governor
John Davis Lodge Turnpike (I–95)
Bridge; then northeast across the
Housatonic River to a point on land in
position at 41°12′17.7″ N, 073°06′29.1″
W south of the Governor John Davis
Lodge Turnpike (I–95) Bridge; then
northwest along the shoreline to a point
E:\FR\FM\01MYR1.SGM
01MYR1
]]>Agencies
[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Rules and Regulations]
[Pages 18943-18946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09187]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0118]
RIN 1625-AA00
Safety Zone, Volvo Ocean Race Newport; East Passage, Narragansett
Bay, RI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of the East Passage, Narragansett Bay, RI, during the
Volvo Ocean Race Newport marine event from May 17 to May 21, 2018. This
safety zone is intended to safeguard mariners from the hazards
associated with high-speed, high-performance sailing vessels competing
in inshore races on the waters of the East Passage, Narragansett Bay,
RI. Vessels will be prohibited from entering into, transiting through,
mooring, or anchoring within this safety zone during periods of
enforcement unless authorized by the Captain of the Port (COTP),
Southeastern New England or the COTP's designated representative or
Patrol Commander (PATCOM).
DATES: This rule is effective from 11 a.m. May 17, 2018 through 7 p.m.
May 21, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0118 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 rule,
call or email LT Arthur Frooks, Waterways Management Division, Sector
Southeastern New England, U.S. Coast Guard; telephone 401-435-2355,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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 Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and
[[Page 18944]]
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 notice of proposed rulemaking (NPRM)
because it is impractical to provide and publish an NPRM with a full
comment period. This safety zone is necessary to ensure the safety of
vessels and persons in the East Passage before, during, and after the
event. It is impractical to publish an NPRM, request comment, and then
publish a final rule as this safety zone must be effective by May 17,
2018.
Under 5 U.S.C. 553(d)(3), the Coast Guard also finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because, in order to protect persons
and vessels from the dangers associated with the scheduled event, it is
necessary the safety zone is established by May 17, 2018.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port (COTP) Southeastern New England has
determined that the Newport Volvo Ocean Race presents a potential
safety concern to vessels, people, and the navigable waters of the East
Passage of Narragansett Bay in the vicinity of Newport, R.I. This event
is part of a world-wide race and it is expected to generate national
and international media coverage, in addition to spectators on a number
of recreational and excursion vessels. As a result, this rule is needed
to ensure the safety of vessels and the navigable waters in the East
Passage before, during, and after the scheduled event.
IV. Discussion of the Rule
The Coast Guard is establishing this safety zone, in conjunction
with the Volvo Ocean Race Newport, to ensure the protection of the
maritime public and event participants from the hazards associated with
large-scale marine events. This safety zone is of similar dimension and
duration to the one established in 2015. The safety zone will extend
from an east-west line across the East Passage of Narragansett Bay at
the Newport Pell Bridge south to the COLREGS demarcation line between
Brenton Pt and Beavertail Pt. The safety zone will be enforced only
during times of actual sailing vessel racing.
The East Passage of Narragansett Bay is the site of many marine
events each year. As a result, vessel traffic, particularly
recreational vessel traffic, is frequently required to utilize the West
Passage of Narragansett Bay. Accordingly, the West Passage of
Narragansett Bay may be a viable option for recreational vessels as
well as many tug/barge combinations and smaller commercial vessels
during the Volvo Ocean Race Newport.
Regardless, the Coast Guard anticipates that some commercial and/or
recreational vessels may still need to transit the East Passage of
Narragansett Bay for a variety of reasons, including destination,
familiarity with the waterway, tide restrictions, etc. Vessels may be
able to continue transits through the East Passage, even during
enforcement of the safety zone, as there may be sufficient room for
most recreational vessels, and some commercial vessels, to pass to the
west of the safety zone. Also, the Coast Guard routinely works with the
local marine pilot organization and shipping agents to coordinate
vessel transits during marine events in the East Passage, and will
continue to do so for the entire event to avoid major interruptions to
shipping schedules.
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 13771 directs agencies to control
regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. We expect the
adverse economic impact of this rule to be minimal. Although this
regulation may have some adverse impact on the public, the potential
impact will be minimized for the following reasons: the safety zone
will be in effect for a maximum of eight hours each day for five
consecutive days; vessels will only be restricted from the zone in the
East Passage of Narragansett Bay during those limited periods when the
races are actually ongoing; during periods when there is no actual
racing (e.g., racing vessels transiting from the pier to the racing
site, downtime between races, etc.) vessels may be allowed to transit
through the safety zone; there is an alternate route, the West Passage
of Narragansett Bay, that does not add substantial transit time, is
already routinely used by mariners, and will not be affected by this
safety zone; many vessels, especially recreational vessels, will still
have sufficient room to transit the affected waterway; and vessels may
enter or pass through the safety zone with the permission of the COTP
or the COTP's representative.
Notification of the Volvo Ocean Race Newport and the associated
safety zone will be made to mariners through the Rhode Island Port
Safety Forum, Local Notice to Mariners, event sponsors, and local media
well in advance of the event.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
This rule will affect the following entities, some of which might
be small entities: owners or operators of vessels intending to transit,
fish, or anchor in the East Passage of Narragansett Bay, RI, during the
Volvo Ocean Race Newport sailing races.
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 will 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
[[Page 18945]]
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 will 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 above.
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 will 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
Directive 023-01 and Commandant Instruction M16475.1D, 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 safety zone in conjunction with the
four-day Volvo Ocean Race Newport event and a fifth day reserved as a
``rain date'' should inclement weather delay scheduled races. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination
will be available in the docket where indicated under ADDRESSES.
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), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-0118 to read as follows:
Sec. 165.T01-0118 Safety Zone for Volvo Ocean Race Newport, East
Passage, Narragansett Bay, RI.
(a) Location. The following area is a safety zone: From an east-
west line across the East Passage of Narragansett Bay at the Newport
Bridge south to the COLREGS demarcation line between Brenton Pt and
Beavertail Pt.
(b) Enforcement period. Vessels will be prohibited from entering
this safety zone, when enforced, during the Volvo Ocean Race Newport
sailing vessel racing events each day between 11 a.m. and 7 p.m. from
Thursday, May 17, 2018 to Monday, May 21, 2018.
(c) Definitions. The following definitions apply to this section:
(1) Designated representative. A ``designated representative'' is
any Coast Guard commissioned, warrant, petty officer, or designated
Patrol Commander of the U.S. Coast Guard who has been designated by the
Captain of the Port, Sector Southeastern New England (COTP), to act on
his or her behalf. The designated representative may be on an official
patrol vessel or may be on shore and will communicate with vessels via
VHF-FM radio or loudhailer. In addition, members of the Coast Guard
Auxiliary may be present to inform vessel operators of this regulation.
(2) Official patrol vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
(3) Patrol commander. The Coast Guard may patrol this safety zone
under the direction of a designated Coast Guard Patrol Commander. The
Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by
the call sign ``PATCOM.''
(4) Spectators. Includes persons and vessels not registered with
the event sponsor as participants or official patrol vessels.
(d) Regulations. (1) The general regulations contained in Sec.
165.23 as well as the following regulations apply to the safety zone
established in conjunction with the Volvo Ocean Race Newport, East
Passage, Narragansett Bay, Newport, RI. These regulations may be
enforced for the duration of the event.
(2) Approximately one hour prior to race start time each day of the
event, the Coast Guard will announce via Safety Marine Information
Broadcasts and local media the times and duration of each sailing race
scheduled for that day, including the precise area(s) of the safety
zone that will be enforced.
(3) Vessels may not transit through or within the safety zone
during periods of enforcement without Patrol Commander approval.
Vessels permitted to transit must operate at a no-wake speed, in a
manner which will not endanger participants or other crafts in the
event.
[[Page 18946]]
(4) Spectators or other vessels shall not anchor, block, loiter, or
impede the movement of event participants or official patrol vessels in
the safety zone unless authorized by an official patrol vessel.
(5) The Patrol Commander may control the movement of all vessels in
the safety zone. When hailed or signaled by an official patrol vessel,
a vessel shall come to an immediate stop and comply with the lawful
directions issued. Failure to comply with a lawful direction may result
in expulsion from the area, citation for failure to comply, or both.
(6) The Patrol Commander may delay or terminate the Volvo Ocean
Race at any time to ensure safety. Such action may be justified as a
result of weather, traffic density, spectator actions, or participant
behavior.
Dated: April 16, 2018.
R.J. Schultz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New
England.
[FR Doc. 2018-09187 Filed 4-30-18; 8:45 am]
BILLING CODE 9110-04-P
