Special Local Regulation; East Passage, Narragansett Bay, RI, 13595-13598 [2020-04760]
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Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Proposed Rules
the annual delay rental fee that would
otherwise have been due. Assuming no
other relevant facts, the value of the
transaction is $160,000 and there is no
filing fee.
(i) Timing rule for calculation of filing
fee:
(1) Where a transaction will be
effectuated in multiple phases or
involves the acquisition of contingent
equity interests, the value of the
transaction is the total value of the
transaction including the multiple
phases or contingent equity interests, if
such total value can be reasonably
determined, the conditions that lead to
completion will occur imminently, and
the conditions are within the control of
the acquiring party.
(2) Example: Corporation A, a foreign
person, proposes to purchase Plot X and
acquire an option to purchase Plot Y,
both of which are covered real estate.
The transaction will be completed in
two phases. First, Corporation A will
acquire Plot X and the option related to
Plot Y in exchange for $30,000,000
(Phase 1). Corporation A informs its
shareholders that within two months,
Corporation A will exercise its option to
purchase Plot Y in exchange for another
$30,000,000 (Phase 2). The second
purchase is imminent and in the control
of Corporation A, and the value of
acquisition can be reasonably
determined. Assuming no other relevant
facts, the value of the consideration is
$60,000,000 (the total consideration for
both phases), and the filing fee is
$75,000.
(j) The determination of the value of
the transaction for purposes of
calculating the filing fee in no way
limits the Committee’s jurisdiction or its
authority to review, investigate,
mitigate, or take any other action
regarding any covered real estate
transaction.
§ 802.1104
Manner of payment.
Parties to a transaction must pay any
filing fee by electronic payment. The
filing fee must be paid in U.S. dollars.
Instructions for paying filing fees are
available on the Committee’s section of
the Department of the Treasury website.
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§ 802.1105
Refunds.
(a) Except as provided in this
paragraph, the Department of the
Treasury shall not refund a filing fee in
whole or in part.
(b) If the Committee determines that
the transaction is not a covered real
estate transaction, the filing fee shall be
refunded.
(c) In response to a petition by a party,
if the Staff Chairperson determines,
based on the information and
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representations contained in the
voluntary notice, as well as any other
information provided by the parties,
that a party or the parties to a
transaction paid a filing fee in an
amount greater than required at the time
of filing, the Department of the Treasury
shall refund the amount of overpayment
to the party or parties who paid the
filing fee.
§ 802.1106
Waiver.
If the Staff Chairperson determines
that extraordinary circumstances
relating to national security warrant, the
Staff Chairperson may waive the filing
fee in whole or in part and will notify
the parties in writing. No waiver shall
be implied by the parties, even where
the Staff Chairperson does not reject a
voluntary notice under § 802.1108 for
failure to pay the filing fee.
§ 802.1107
Resubmissions.
The parties to a transaction shall not
be required to pay an additional filing
fee in the event that the Staff
Chairperson permits the parties to
withdraw and resubmit a notice
pursuant to § 802.509(c)(2), unless the
Staff Chairperson determines that a
material change to the transaction has
occurred, or a material inaccuracy or
omission was made by the parties in
information provided to the Committee,
that requires the Committee to consider
new information, in which case the Staff
Chairperson will inform the parties in
writing.
§ 802.1108
Rejection of voluntary notice.
The Staff Chairperson may reject a
voluntary notice pursuant to
§ 802.504(a) upon a determination that
the amount of the filing fee paid by the
parties was insufficient under this
section. Prior to rejecting a notice under
this paragraph, the Staff Chairperson
shall inform the parties in writing of the
insufficiency of payment and provide
the parties three business days to pay
the remainder of the filing fee. If the
Staff Chairperson does not reject a
voluntary notice pursuant to
§ 802.504(a) upon a determination that
the amount of the filing fee payment
paid by the parties was insufficient
under this section, the balance of the fee
remains payable unless the Staff
Chairperson notifies the parties in
writing that the payment has been
waived in whole or in part.
Dated: March 2, 2020.
Thomas Feddo,
Assistant Secretary for Investment Security.
[FR Doc. 2020–04641 Filed 3–4–20; 4:15 pm]
BILLING CODE 4810–25–P
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13595
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2020–0035]
RIN 1625–AA08
Special Local Regulation; East
Passage, Narragansett Bay, RI
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to amend an existing special local
regulation for certain waters of the East
Passage, Narragansett Bay, RI. This
action is necessary to provide for the
safety of life on these navigable waters
near East Passage, Narragansett Bay, RI,
during a sail boat race. This proposed
rulemaking would prohibit persons and
vessels from entering the special local
regulation unless authorized by the
Captain of the Port Sector Southeastern
New England or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 8, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0035 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email LT Arthur
Frooks, Waterways Management
Division, U.S. Coast Guard; telephone
401–435–2355, email D01-SMBSectorSENE-Waterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector
Southeastern New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On October 17, 2019, the Newport to
Bermuda Race notified the Coast Guard
that they would be conducting a sail
boat race from 11 a.m. through 5 p.m.
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on June 19, 2020, with the potential
make up dates being June 20, 2020 and
June 21, 2020. The sail boat race will be
launched from East Passage in
Narragansett Bay south of Rose Island.
The Captain of the Port Sector
Southeastern New England (COTP) has
determined that potential hazards
associated with the sail boat race would
be a safety concern for anyone
attempting to transit within East
Passage.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within East Passage
before, during, and after the scheduled
event. The Coast Guard proposes this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231) and
46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP proposes to amend a
special local regulation from 11 a.m.
through 5 p.m. on June 19, 2020, with
makeup dates being June 20, 2020, or
June 21, 2020. The regulation found in
33 CFR 100.119 includes a regulated
area for all waters of Narragansett Bay,
Newport, RI, within the following
points (NAD 83):
Latitude
41°27′51″
41°27′24″
41°27′09″
41°27′36″
Longitude
N
N
N
N
071°22′14″
071°21′57″
071°22′39″
072°22′55″
W
W
W
W
In the event that weather conditions
prohibit a safe race start within the
approach to Newport Harbor, the race
will begin offshore and the following
regulated area applies (NAD 83):
Latitude
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41°26′04″
41°25′36″
41°25′45″
41°25′49″
Longitude
N
N
N
N
071°22′16″
071°21′58″
071°22′40″
071°22′56″
W
W
W
W
The proposed amendment would be
to expand the size of the first regulated
area and to adjust the latitude and
longitude of the second regulated area to
encompass a new potential starting line
for the race to accommodate for ideal
weather parameters. The special local
regulation would cover all navigable
waters from an area just south of Rose
Island expanding just past Castle Hill,
RI, and also an area near Brenton Point.
The proposed location of the special
local regulation is as follows:
Latitude
Longitude
41°29′13″ N
41°29′41″ N
41°27′27″ N
071°20′07″ W
071°20′87″ W
071°22′00″ W
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Latitude
Longitude
41°27′45″ N
072°22′83″ W
In the event that weather conditions
prohibit a safe race start within the
approach to Newport Harbor, the race
will begin offshore and the following
regulated area applies (NAD 83):
Latitude
41°26′06″
41°25′60″
41°25′36″
41°25′82″
Longitude
N
N
N
N
071°22′27″
071°21′97″
071°22′65″
071°22′93″
W
W
W
W
The starting line will take place
within one of the proposed regulated
areas and will be decided prior to the
race pending current weather
conditions. The starting line box will be
the restricted part of the waterway
within the regulated area and that exact
location will be broadcasted prior to the
race start. The duration of the special
local regulation is intended to ensure
the safety of vessels and these navigable
waters before, during, and after the
scheduled sail boat race. No vessel or
person is permitted to enter the special
local regulation without obtaining
permission from the COTP or a
designated representative. They may be
contacted on VHF–FM Channel 16 or by
phone at 508–457–3211. Persons and
vessels permitted to enter this special
local regulation must transit at their
slowest safe speed and comply with all
lawful directions issued by the COTP or
a designated representative. The COTP
or a designated representative will
inform the public through broadcast
notices to mariners of the enforcement
period for the special local regulation as
well as any changes in the planned
schedule. The regulatory text we are
proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not
been designated a ‘‘significant
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regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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 special local
regulation. We expect the adverse
economic impact to this area to be
minimal. Although this regulation may
have adverse impact on the impact, the
potential impact will be minimized for
the following reasons: The special local
regulation will be in effect for a
maximum of 6 hours during the day of
the event; vessels will only be restricted
from the area in the East Passage of the
Narragansett Bay during those limited
periods when the races are actually on
going; 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 special local
regulation. Moreover, the Coast Guard
would issue a Broadcast Notice to
Mariners (BNMs) via VHF–FM marine
channel 16 about the area, and the rule
would allow vessels to seek permission
to enter the area.
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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the special
local regulation may be small entities,
for the reasons stated in section IV.A
above, this proposed rule would not
have a significant economic impact on
any vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
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we want to assist small entities in
understanding this proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
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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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves a special local regulation
lasting approximately 6 hours that
would prohibit entry within the
regulated area. Such actions are
categorically excluded from further
review under paragraph L 61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
submissions in response to this
document, see DHS’s Correspondence
System of Records notice (84 FR 48645,
September 26, 2018).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
G. Protest Activities
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
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.
1.
■
2. Revise § 100.119 to read as follows:
§ 100.119 Special Local Regulation; East
Passage, Narragansett Bay, RI.
(a) Regulated area. (1) The regulated
area includes all waters of Narragansett
Bay, Newport, RI, within the following
points (NAD 83):
TABLE 1 TO § 100.119
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
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Latitude
41°29′13″
41°29′41″
41°27′27″
41°27′45″
Longitude
N
N
N
N
071°20′07″
071°20′87″
071°22′00″
072°22′83″
W
W
W
W
(2) In the event that weather
conditions prohibit a safe race start
within the approach to Newport Harbor,
the race will begin offshore and the
following regulated area applies (NAD
83):
TABLE 2 TO § 100.119
Latitude
41°26′06″
41°25′60″
41°25′36″
41°25′82″
Longitude
N
N
N
N
071°22′27″
071°21′97″
071°22′65″
071°22′93″
W
W
W
W
(b) Effective period. This special local
regulation is in effect biennially on a
date and times published in the Local
Notice to Mariners.
(c) Special local regulations. (1) Entry
into this area is prohibited unless
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authorized by the Captain of the Port
Sector Southeastern New England
(COTP) or a designated representative.
A designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Sector Southeastern New
England.
(2) Persons or vessels seeking to enter
the regulated area must request
permission from the COTP or a
designated representative on VHF–FM
channel 16 or by telephone at 508–457–
3211.
(3) Persons and vessels permitted to
enter this regulated area must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public through local
notice to mariners and Broadcast
Notices to Mariners of the enforcement
period for the regulated area as well as
any changes in the planned schedule.
Dated: March 3, 2020.
C.J. Glander,
Captain, U.S. Coast Guard, Captain of the
Port Sector Southeastern New England.
[FR Doc. 2020–04760 Filed 3–6–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG–2018–0486]
Revisions to Notification Procedures
for Limited Access Areas and
Regulated Navigation Areas and
Removal of Certain Marine Event and
Limited Access Area Regulations for
the Ninth, Thirteenth, and Seventeenth
Coast Guard Districts
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard is proposing
to revise portions of our general
regulation on the notification
procedures for the establishment and
disestablishment of limited access areas
and regulated navigation areas, as well
as to remove certain marine event and
limited access area regulations for the
Ninth, Thirteenth, and Seventeenth
Coast Guard Districts. The proposed
changes reflect current organizational
procedures and post-promulgation
changes in circumstances. We invite
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SUMMARY:
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Comments and related material
must be received by the Coast Guard on
or before April 8, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0486 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
If
you have questions about this proposed
rulemaking, call or email Courtney
Mallon, Coast Guard; telephone 202–
372–3758, email courtney.mallon@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation and Request for
Comments
II. Abbreviations
III. Background, Purpose, and Legal Basis
IV. Discussion of Proposed Rule
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Public Participation and Request for
Comments
RIN 1625–AA00, 1625–AA111625–AA08
ACTION:
your comments on this proposed
rulemaking.
The Coast Guard views public
participation as essential to effective
rulemaking, and will consider all
comments and material received during
the comment period. Your comment can
help shape the outcome of this
rulemaking. If you submit a comment,
please include the docket number for
this rulemaking, indicate the specific
section of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If you cannot
submit your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
We accept anonymous comments. All
comments received will be posted
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without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s Correspondence
System of Records notice (84 FR 48645,
September 26, 2018).
Documents mentioned in this
proposed rule, and all public comments,
will be available in our online docket at
https://www.regulations.gov and can be
viewed by following that website’s
instructions. Additionally, if you visit
the online docket and sign up for email
alerts, you will be notified when
comments are posted or if a final rule is
published.
II. Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNG Liquefied natural gas
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
III. Background, Purpose, and Legal
Basis
The Coast Guard is proposing to
remove certain marine event and
limited access area regulations for the
Ninth, Thirteenth, and Seventeenth
Coast Guard Districts. The proposed
changes would remove regulations for
events that are no longer held or are no
longer needed to ensure the safety of
participants and the public. As part of
this rulemaking, the Coast Guard is also
proposing to revise our regulation on
the notification procedures for the
establishment and disestablishment of
limited access areas and regulated
navigation areas. These proposed
amendments reflect changes in agency
administrative process and would
provide increased transparency and
clarity. The Coast Guard identified these
proposed changes as part of the agency’s
deregulation effort under Executive
Order 13771 (Reducing Regulation and
Controlling Regulatory Costs), Executive
Order 13777 (Enforcing the Regulatory
Reform Agenda Deregulatory Process),
and associated guidance issued in 2017.
The Coast Guard is conducting this
rulemaking under the authority of 46
U.S.C. 70041 in regard to changes to 33
CFR part 100; and 46 U.S.C. 70034 in
regard to changes to 33 CFR part 165.
The Secretary of the Department of
Homeland Security (DHS) has delegated
authority to exercise general powers for
the purpose of executing duties and
functions of the Coast Guard to the
Commandant via Department of
Homeland Security Delegation No.
0170.1(II)(23). The Secretary has
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]]>Agencies
[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Proposed Rules]
[Pages 13595-13598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04760]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2020-0035]
RIN 1625-AA08
Special Local Regulation; East Passage, Narragansett Bay, RI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to amend an existing special
local regulation for certain waters of the East Passage, Narragansett
Bay, RI. This action is necessary to provide for the safety of life on
these navigable waters near East Passage, Narragansett Bay, RI, during
a sail boat race. This proposed rulemaking would prohibit persons and
vessels from entering the special local regulation unless authorized by
the Captain of the Port Sector Southeastern New England or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 8, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0035 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Arthur Frooks, Waterways
Management Division, U.S. Coast Guard; telephone 401-435-2355, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Southeastern New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On October 17, 2019, the Newport to Bermuda Race notified the Coast
Guard that they would be conducting a sail boat race from 11 a.m.
through 5 p.m.
[[Page 13596]]
on June 19, 2020, with the potential make up dates being June 20, 2020
and June 21, 2020. The sail boat race will be launched from East
Passage in Narragansett Bay south of Rose Island. The Captain of the
Port Sector Southeastern New England (COTP) has determined that
potential hazards associated with the sail boat race would be a safety
concern for anyone attempting to transit within East Passage.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within East Passage before, during, and after
the scheduled event. The Coast Guard proposes this rulemaking under
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231) and 46 U.S.C.
70041.
III. Discussion of Proposed Rule
The COTP proposes to amend a special local regulation from 11 a.m.
through 5 p.m. on June 19, 2020, with makeup dates being June 20, 2020,
or June 21, 2020. The regulation found in 33 CFR 100.119 includes a
regulated area for all waters of Narragansett Bay, Newport, RI, within
the following points (NAD 83):
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]27'51'' N 071[deg]22'14'' W
41[deg]27'24'' N 071[deg]21'57'' W
41[deg]27'09'' N 071[deg]22'39'' W
41[deg]27'36'' N 072[deg]22'55'' W
------------------------------------------------------------------------
In the event that weather conditions prohibit a safe race start
within the approach to Newport Harbor, the race will begin offshore and
the following regulated area applies (NAD 83):
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]26'04'' N 071[deg]22'16'' W
41[deg]25'36'' N 071[deg]21'58'' W
41[deg]25'45'' N 071[deg]22'40'' W
41[deg]25'49'' N 071[deg]22'56'' W
------------------------------------------------------------------------
The proposed amendment would be to expand the size of the first
regulated area and to adjust the latitude and longitude of the second
regulated area to encompass a new potential starting line for the race
to accommodate for ideal weather parameters. The special local
regulation would cover all navigable waters from an area just south of
Rose Island expanding just past Castle Hill, RI, and also an area near
Brenton Point. The proposed location of the special local regulation is
as follows:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]29'13'' N 071[deg]20'07'' W
41[deg]29'41'' N 071[deg]20'87'' W
41[deg]27'27'' N 071[deg]22'00'' W
41[deg]27'45'' N 072[deg]22'83'' W
------------------------------------------------------------------------
In the event that weather conditions prohibit a safe race start
within the approach to Newport Harbor, the race will begin offshore and
the following regulated area applies (NAD 83):
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]26'06'' N 071[deg]22'27'' W
41[deg]25'60'' N 071[deg]21'97'' W
41[deg]25'36'' N 071[deg]22'65'' W
41[deg]25'82'' N 071[deg]22'93'' W
------------------------------------------------------------------------
The starting line will take place within one of the proposed
regulated areas and will be decided prior to the race pending current
weather conditions. The starting line box will be the restricted part
of the waterway within the regulated area and that exact location will
be broadcasted prior to the race start. The duration of the special
local regulation is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled sail boat
race. No vessel or person is permitted to enter the special local
regulation without obtaining permission from the COTP or a designated
representative. They may be contacted on VHF-FM Channel 16 or by phone
at 508-457-3211. Persons and vessels permitted to enter this special
local regulation must transit at their slowest safe speed and comply
with all lawful directions issued by the COTP or a designated
representative. The COTP or a designated representative will inform the
public through broadcast notices to mariners of the enforcement period
for the special local regulation as well as any changes in the planned
schedule. The regulatory text we are proposing appears at the end of
this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 special local regulation. We
expect the adverse economic impact to this area to be minimal. Although
this regulation may have adverse impact on the impact, the potential
impact will be minimized for the following reasons: The special local
regulation will be in effect for a maximum of 6 hours during the day of
the event; vessels will only be restricted from the area in the East
Passage of the Narragansett Bay during those limited periods when the
races are actually on going; 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 special local regulation. Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners (BNMs) via VHF-FM marine channel 16
about the area, and the rule would allow vessels to seek permission to
enter the area.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121),
[[Page 13597]]
we want to assist small entities in understanding this proposed 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. The Coast Guard will
not retaliate against small entities that question or complain about
this proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a special
local regulation lasting approximately 6 hours that would prohibit
entry within the regulated area. Such actions are categorically
excluded from further review under paragraph L 61 of Appendix A, Table
1 of DHS Instruction Manual 023-01-001-01, Rev. 01. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Revise Sec. 100.119 to read as follows:
Sec. 100.119 Special Local Regulation; East Passage, Narragansett
Bay, RI.
(a) Regulated area. (1) The regulated area includes all waters of
Narragansett Bay, Newport, RI, within the following points (NAD 83):
Table 1 to Sec. 100.119
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]29'13'' N 071[deg]20'07'' W
41[deg]29'41'' N 071[deg]20'87'' W
41[deg]27'27'' N 071[deg]22'00'' W
41[deg]27'45'' N 072[deg]22'83'' W
------------------------------------------------------------------------
(2) In the event that weather conditions prohibit a safe race start
within the approach to Newport Harbor, the race will begin offshore and
the following regulated area applies (NAD 83):
Table 2 to Sec. 100.119
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]26'06'' N 071[deg]22'27'' W
41[deg]25'60'' N 071[deg]21'97'' W
41[deg]25'36'' N 071[deg]22'65'' W
41[deg]25'82'' N 071[deg]22'93'' W
------------------------------------------------------------------------
(b) Effective period. This special local regulation is in effect
biennially on a date and times published in the Local Notice to
Mariners.
(c) Special local regulations. (1) Entry into this area is
prohibited unless
[[Page 13598]]
authorized by the Captain of the Port Sector Southeastern New England
(COTP) or a designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector
Southeastern New England.
(2) Persons or vessels seeking to enter the regulated area must
request permission from the COTP or a designated representative on VHF-
FM channel 16 or by telephone at 508-457-3211.
(3) Persons and vessels permitted to enter this regulated area must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public through local notice to mariners
and Broadcast Notices to Mariners of the enforcement period for the
regulated area as well as any changes in the planned schedule.
Dated: March 3, 2020.
C.J. Glander,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New
England.
[FR Doc. 2020-04760 Filed 3-6-20; 8:45 am]
BILLING CODE 9110-04-P
