Safety Zone; East Passage Narragansett Bay, RI, 31175-31178 [2023-10430]
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Federal Register / Vol. 88, No. 94 / Tuesday, May 16, 2023 / Rules and Regulations
zones for annually recurring marine
events held in Coast Guard Southeastern
New England Captain of the Port Zone
identify the regulated area for this event.
During the enforcement periods, the
operator of any vessel in the regulated
area must comply with directions from
the Patrol Commander or any Official
Patrol displaying a Coast Guard ensign.
DATES: The regulations in 33 CFR
165.173 will be enforced from 9 p.m.
until 9:30 p.m. on July 2, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email MST2 Christopher Matthews,
Waterways Management Division,
Sector Southeastern New England, U.S.
Coast Guard; telephone 401–435–2348,
email Christopher.S.Matthews@
uscg.mil.
The Coast
Guard will enforce the safety zone listed
in 33 CFR 165.173 for the Providence
Fireworks regulated area from 9 p.m. to
9:30 p.m. on July 2, 2023. This action
is being taken to provide for the safety
of life on navigable waterways during
this one-day event, which will feature
live fireworks. The regulation for marine
events within the First Coast Guard
District, § 165.173, specifies the location
of the regulated area for the Providence
Fireworks which encompasses portions
of the Providence River. During the
enforcement period, vessels in the
regulated area must comply with
directions from the Patrol Commander
or any Official Patrol displaying a Coast
Guard ensign.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Local Notice to Mariners and
marine information broadcasts.
SUPPLEMENTARY INFORMATION:
Dated: May 11, 2023.
C.J. Prindle,
Captain, U.S. Coast Guard, Captain of the
Port Sector Southeastern New England.
[FR Doc. 2023–10429 Filed 5–15–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
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33 CFR Part 165
[Docket Number USCG–2023–0202]
RIN 1625–AA00
Safety Zone; East Passage
Narragansett Bay, RI
AGENCY:
Coast Guard, DHS.
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ACTION:
Temporary final rule.
The Coast Guard is
establishing two temporary safety zones
but will only enforce one, based on the
local weather conditions the day of the
event for navigable waters of the East
Passage, Narragansett Bay, RI during
The Ocean Race marine event on May
20, 2023. The safety zone is needed to
safeguard mariners from the hazards
associated with high-speed, highperformance sailing vessels competing
in inshore races on the waters of the
East Passage, Narragansett Bay, RI. Entry
of vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port,
Sector Southeastern New England, or a
designated representative.
DATES: This rule is effective from noon
through 5 p.m. on May 20, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0202 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email MST2 Christopher Matthews,
Waterways Management Division,
Sector Southeastern New England, U.S.
Coast Guard; telephone 401–435–2348,
email Christopher.S.Matthews@
uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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 Information and
Regulatory History
On March 3, 2023, the Ocean Race
committee notified the Coast Guard that
they would be conducting a sailboat
race from noon through 5 p.m. on May
20, 2023. The sailboat race will take
place in the vicinity of the East Passage
in Narragansett Bay, RI, near the
Newport Pell Bridge.
The Captain of the Port Sector
Southeastern New England (COTP) has
determined that potential hazards
associated with the sailboat race would
be a safety concern for anyone
attempting to transit within East Passage
in Narragansett Bay, RI. The Coast
Guard is issuing this temporary rule
without prior notice and opportunity to
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31175
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) with respect to this
rule because doing so would be
impracticable and contrary to the public
interest.
The details of this event were not
known to the Coast Guard in sufficient
time to publish an NPRM. Delaying the
effective date of this rule to wait for a
comment period to run would be
impracticable and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to protect the
public and vessels from the hazards
associated with the sailing event. The
expeditious implementation of this rule
is in the public interest because it will
help ensure the safety of event
participants, spectators, waterway users,
and surrounding vessels.
Under 5 U.S.C. 553(d)(3), the Coast
Guard 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 and
contrary to the public interest because
immediate action is needed to respond
to the potential safety hazards
associated with this world-wide sailing
event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP
has determined that The 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 two
temporary safety zones, in conjunction
with The Ocean Race, to ensure the
protection of the maritime public and
event participants from the hazards
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Federal Register / Vol. 88, No. 94 / Tuesday, May 16, 2023 / Rules and Regulations
associated with large-scale marine
events. Although we are establishing
two temporary safety zones, Safety Zone
‘‘A’’ and Safety Zone ‘‘B’’, only one
safety zone will be enforced based on
the local weather conditions the day of
the race. We will make notice of exactly
what safety zone will be enforced via
broadcast notice to mariners. The safety
zone, either Safety Zone ‘‘A’’ or Safety
Zone ‘‘B’’, will be enforced on May 20,
2023, from 12:00 until 5:00 p.m. Safety
Zone ‘‘A’’ encompasses all navigable
waters located within the following
latitude and longitude points, 41.497N,
071.359W; 41.490N, 071.361W;
41.483N, 071.330W; 41.490N,
071.329W. Safety Zone ‘‘B’’
BILLING CODE 9110–04–C
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
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).
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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V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
A summary of our analyses based on
these statutes and Executive Orders
follows.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
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encompasses all navigable waters
located within the following latitude
and longitude points, 41.473N,
071.356W; 41.467N, 071.350W;
41.482N, 071.335W; 41.488N,
071.341W.
BILLING CODE 9110–04–P
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 five hours
for one day; 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
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Federal Register / Vol. 88, No. 94 / Tuesday, May 16, 2023 / Rules and Regulations
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through the safety zone with the
permission of the COTP or the COTP’s
representative.
Notification of The Ocean Race and
the associated safety zone will be made
to mariners through the Local Notice to
Mariners. The morning of the race the
Coast Guard would issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 regarding which zone will
be enforced.
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.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
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
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16:03 May 15, 2023
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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.
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, 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
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 a
temporary safety zone lasting only 5
hours over a one-day period that will
prohibit entry into a portion of the East
Passage of Narragansett Bay. There are
two potential areas, Safety Zone ‘‘A’’
and Safety Zone ‘‘B’’. Safety Zone ‘‘A’’
encompasses all navigable waters
located within the following latitude
and longitude points, 41.486 N, 071.343
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31177
W; 41.482 N, 071.335 W; 41.469 N,
071.350 W; 41.475 N, 071.358 W. Safety
Zone ‘‘B’’ encompasses all navigable
waters located within the following
latitude and longitude points, 41.498 N,
071.361 W; 41.492 N, 071.362 W; 41.483
N, 071.334 W; 41.491 N, 071.330 W. 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. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T01–0202 to read as
follows:
■
§ 165.T01–0202 Safety Zone; The Ocean
Race, East Passage, Narragansett Bay, RI.
(a) Location. The following areas are
a safety zone, Safety Zone ‘‘A’’ and
Safety Zone ‘‘B’’. Safety Zone ‘‘A’’
encompasses all navigable waters
located within the following latitude
and longitude points, 41.486 N, 071.343
W; 41.482 N, 071.335 W; 41.469 N,
071.350 W; 41.475 N, 071.358 W. Safety
Zone ‘‘B’’ encompasses all navigable
waters located within the following
latitude and longitude points, 41.498 N,
071.361 W; 41.492 N, 071.362 W; 41.483
N, 071.334 W; 41.491 N, 071.330 W.
Only one safety zone will be enforced
based on the local weather conditions
the day of the race. We will make notice
of exactly what safety zone will be
enforced via Broadcast Notice to
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Mariners via marine channel 16 (VHF–
FM).
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector Southeastern New
England (COTP) in the enforcement of
the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF–FM radio
channel 16 or phone at 508–457–3211.
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(d) Enforcement period. This section
will be enforced on May 20, 2023, from
noon until 5 p.m.
Dated: May 11, 2023.
C.J. Prindle,
Captain, U.S. Coast Guard, Captain of the
Port Sector Southeastern New England.
[FR Doc. 2023–10430 Filed 5–15–23; 8:45 am]
BILLING CODE 9110–04–P
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
45 CFR Part 2556
RIN 3045–AA70; 3045–AA79
Volunteers in Service to America
Corporation for National and
Community Service.
ACTION: Final rule.
AGENCY:
The Corporation for National
and Community Service (operating as
AmeriCorps) is finalizing updates to its
regulations to reflect current position
titles and roles, define the statutory
phrase ‘‘direct cost of supporting
volunteers,’’ revise provisions that no
longer reflect AmeriCorps’ practice, and
make technical changes. The position
titles must be updated because VISTA
now operates through Regional
Administrators, rather than State
Program Directors. The statutory phrase
interpretation is necessary because
under its authorizing statute,
AmeriCorps may not provide a noncompetitive grant for the ‘‘direct cost of
supporting volunteers’’ to projects less
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SUMMARY:
VerDate Sep<11>2014
16:03 May 15, 2023
Jkt 259001
than one year old. This final rule
defines the phrase to include those
funds paid directly for the support of
individuals serving in the VISTA
program, such as living allowances,
travel reimbursements, and end-ofservice benefits, but not funds paid for
the support of the VISTA sponsor
organization. This change would make
VISTA projects more accessible to
organizations in underserved
communities that may not have
otherwise been able to secure the
resources to devote a supervisor or
certain administrative costs to a new
project.
DATES: Effective June 15, 2023.
FOR FURTHER INFORMATION CONTACT:
Carly Bruder, Acting Director,
AmeriCorps VISTA, at cbruder@cns.gov,
(202) 606–6871, or by mail to
AmeriCorps, 250 E Street SW,
Washington, DC 20525.
SUPPLEMENTARY INFORMATION:
I. Background
AmeriCorps VISTA is a national
service program designed to provide
needed resources to nonprofit
organizations and public agencies to
strengthen and supplement efforts to
address poverty and poverty-related
problems in the United States and
certain U.S. territories. The VISTA
program provides opportunities for
individuals to join as volunteers
(‘‘members’’) who perform, on a fulltime basis, service with an organization
(‘‘sponsor’’) to create, strengthen, or
expand initiatives designed to assist
individuals and communities in
addressing poverty. Each year, the
AmeriCorps VISTA program awards
non-grant (i.e., VISTA member, leader,
or summer associate positions) and
grant resources to sponsors. A sponsor
is responsible for designing and
implementing the VISTA project and
recruiting, supervising, and providing
necessary administrative support (e.g.,
supplies and equipment, in-service
training and development, mileage
reimbursement) to VISTA members to
complete the goals of the project.
Among its grants, AmeriCorps VISTA
offers non-competitive grants to fund
sponsor organizations’ costs to supply,
among other items, supervision for a
VISTA project.
II. Overview of Final Rule
The Domestic Volunteer Service Act
of 1973 (DVSA) states that AmeriCorps
may not provide a grant for the ‘‘direct
cost of supporting volunteers’’ to any
project that is less than one year old
unless that grant is awarded
competitively. See 42 U.S.C. 4960(b).
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Under this statutory provision,
AmeriCorps may provide noncompetitive support grants only to
projects that have been operating for a
year or more, or to projects less than one
year old if the grant is for something
other than the ‘‘direct cost of supporting
volunteers.’’
This final rule defines ‘‘direct cost of
supporting volunteers’’ to include only
the funds paid directly for the support
of VISTA members, such as living
allowances, travel reimbursements, and
end-of-service benefits. With this
definition, the final rule makes clear
that AmeriCorps can provide noncompetitive grants to support a VISTA
sponsor organization, including funds to
support the sponsor organization’s
supervisor, for a VISTA project that is
less than one year old. Over the past few
years, sponsors with projects less than
a year old have not been able to access
noncompetitive support grants because
of AmeriCorps’ previous broad
interpretation of the phrase ‘‘direct cost
of supporting volunteers’’ to include not
only the costs of supporting members
but also the costs of supporting the
sponsor’s supervisor. The final rule
makes VISTA projects more accessible
to sponsor organizations in underserved
communities who may not have
otherwise been able to secure the
resources to devote a supervisor or
certain administrative costs to a new
project. The limitations on VISTA
sponsors receiving funding for the direct
cost of supporting volunteers are set out
in § 2556.180 of this final rule.
This final rule also updates position
titles and roles to reflect current agency
organization, revise provisions that no
longer reflect current practice, and make
technical changes. Specifically, the rule:
• In the definitions section, at
§ 2556.5:
Æ Deletes the definitions of ‘‘Area
Manager’’ and ‘‘State Program Director’’
Æ Adds definitions for ‘‘Deputy
Regional Administrator,’’ ‘‘Portfolio
Manager,’’ Regional Administrator,’’
‘‘Senior Portfolio Manager,’’ ‘‘VISTA
Case Manager,’’ and ‘‘VMSU Director.’’
Æ Replaces the definition of ‘‘CNCS’’
with a definition of ‘‘AmeriCorps’’ to
reflect that the Agency operates as
AmeriCorps.
• In § 2556.200, clarifies that both the
age and citizenship status of the
individual entering VISTA service are
determined at the time they take their
oath or affirmation of service, and
deletes ‘‘lawful permanent resident’’ as
an example of individuals legally
residing in a State because there may be
additional categories of individuals
legally residing in a State that are not
technically ‘‘lawful permanent
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]]>Agencies
[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Rules and Regulations]
[Pages 31175-31178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10430]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0202]
RIN 1625-AA00
Safety Zone; East Passage Narragansett Bay, RI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two temporary safety zones but
will only enforce one, based on the local weather conditions the day of
the event for navigable waters of the East Passage, Narragansett Bay,
RI during The Ocean Race marine event on May 20, 2023. The safety zone
is needed 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. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port, Sector Southeastern New England, or a
designated representative.
DATES: This rule is effective from noon through 5 p.m. on May 20, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0202 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST2 Christopher Matthews, Waterways Management Division,
Sector Southeastern New England, U.S. Coast Guard; telephone 401-435-
2348, 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 Information and Regulatory History
On March 3, 2023, the Ocean Race committee notified the Coast Guard
that they would be conducting a sailboat race from noon through 5 p.m.
on May 20, 2023. The sailboat race will take place in the vicinity of
the East Passage in Narragansett Bay, RI, near the Newport Pell Bridge.
The Captain of the Port Sector Southeastern New England (COTP) has
determined that potential hazards associated with the sailboat race
would be a safety concern for anyone attempting to transit within East
Passage in Narragansett Bay, RI. The Coast Guard is issuing this
temporary 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 a notice of proposed rulemaking (NPRM) with respect to this
rule because doing so would be impracticable and contrary to the public
interest.
The details of this event were not known to the Coast Guard in
sufficient time to publish an NPRM. Delaying the effective date of this
rule to wait for a comment period to run would be impracticable and
contrary to the public interest because it would inhibit the Coast
Guard's ability to protect the public and vessels from the hazards
associated with the sailing event. The expeditious implementation of
this rule is in the public interest because it will help ensure the
safety of event participants, spectators, waterway users, and
surrounding vessels.
Under 5 U.S.C. 553(d)(3), the Coast Guard 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 and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with this world-wide sailing event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that The
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 two temporary safety zones, in
conjunction with The Ocean Race, to ensure the protection of the
maritime public and event participants from the hazards
[[Page 31176]]
associated with large-scale marine events. Although we are establishing
two temporary safety zones, Safety Zone ``A'' and Safety Zone ``B'',
only one safety zone will be enforced based on the local weather
conditions the day of the race. We will make notice of exactly what
safety zone will be enforced via broadcast notice to mariners. The
safety zone, either Safety Zone ``A'' or Safety Zone ``B'', will be
enforced on May 20, 2023, from 12:00 until 5:00 p.m. Safety Zone ``A''
encompasses all navigable waters located within the following latitude
and longitude points, 41.497N, 071.359W; 41.490N, 071.361W; 41.483N,
071.330W; 41.490N, 071.329W. Safety Zone ``B'' encompasses all
navigable waters located within the following latitude and longitude
points, 41.473N, 071.356W; 41.467N, 071.350W; 41.482N, 071.335W;
41.488N, 071.341W.
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V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. A summary of our analyses based
on these statutes and Executive Orders follows.
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. 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).
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 five hours for one day; 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
[[Page 31177]]
through the safety zone with the permission of the COTP or the COTP's
representative.
Notification of The Ocean Race and the associated safety zone will
be made to mariners through the Local Notice to Mariners. The morning
of the race the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 regarding which zone will be enforced.
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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by 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.
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, 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 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 a
temporary safety zone lasting only 5 hours over a one-day period that
will prohibit entry into a portion of the East Passage of Narragansett
Bay. There are two potential areas, Safety Zone ``A'' and Safety Zone
``B''. Safety Zone ``A'' encompasses all navigable waters located
within the following latitude and longitude points, 41.486 N, 071.343
W; 41.482 N, 071.335 W; 41.469 N, 071.350 W; 41.475 N, 071.358 W.
Safety Zone ``B'' encompasses all navigable waters located within the
following latitude and longitude points, 41.498 N, 071.361 W; 41.492 N,
071.362 W; 41.483 N, 071.334 W; 41.491 N, 071.330 W. 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. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T01-0202 to read as follows:
Sec. 165.T01-0202 Safety Zone; The Ocean Race, East Passage,
Narragansett Bay, RI.
(a) Location. The following areas are a safety zone, Safety Zone
``A'' and Safety Zone ``B''. Safety Zone ``A'' encompasses all
navigable waters located within the following latitude and longitude
points, 41.486 N, 071.343 W; 41.482 N, 071.335 W; 41.469 N, 071.350 W;
41.475 N, 071.358 W. Safety Zone ``B'' encompasses all navigable waters
located within the following latitude and longitude points, 41.498 N,
071.361 W; 41.492 N, 071.362 W; 41.483 N, 071.334 W; 41.491 N, 071.330
W. Only one safety zone will be enforced based on the local weather
conditions the day of the race. We will make notice of exactly what
safety zone will be enforced via Broadcast Notice to
[[Page 31178]]
Mariners via marine channel 16 (VHF-FM).
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Southeastern New England (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM radio channel 16 or phone at 508-457-3211.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. This section will be enforced on May 20,
2023, from noon until 5 p.m.
Dated: May 11, 2023.
C.J. Prindle,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New
England.
[FR Doc. 2023-10430 Filed 5-15-23; 8:45 am]
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