Special Local Regulation; East Passage, Narragansett Bay, RI, 13595-13598 [2020-04760]

Download as PDF 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. jbell on DSKJLSW7X2PROD with PROPOSALS § 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 VerDate Sep<11>2014 17:29 Mar 06, 2020 Jkt 250001 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 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 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 http:// 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. E:\FR\FM\09MRP1.SGM 09MRP1 13596 Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS 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 VerDate Sep<11>2014 17:29 Mar 06, 2020 Jkt 250001 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 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 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), E:\FR\FM\09MRP1.SGM 09MRP1 13597 Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Proposed Rules 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. jbell on DSKJLSW7X2PROD with PROPOSALS 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. VerDate Sep<11>2014 17:29 Mar 06, 2020 Jkt 250001 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 http://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 http:// www.regulations.gov. If your material cannot be submitted using http:// 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 http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 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 E:\FR\FM\09MRP1.SGM 09MRP1 13598 Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:29 Mar 06, 2020 Jkt 250001 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 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 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 E:\FR\FM\09MRP1.SGM 09MRP1

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]


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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 http://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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://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 http://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