Safety Zone; Narragansett Bay, Newport, RI, 22645-22648 [2024-06930]
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Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Proposed Rules
or confidential information. In
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include any sensitive personal
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else’s Social Security number; date of
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comment does not include any sensitive
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addition, your comment should not
include any ‘‘trade secret or any
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6(f) of the FTC Act, 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—
including competitively sensitive
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Comments containing material for
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requested must be filed in paper form,
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Visit the FTC website to read this
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describing it, and visit https://
www.regulations.gov/docket/FTC-20240008 to read a plain-language summary
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other laws that the Commission
administers permit the collection of
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receives on or before April 19, 2024. For
information on the Commission’s
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permitted by the Privacy Act, see
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privacy-policy.
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By direction of the Commission.
Joel Christie,
Acting Secretary.
[FR Doc. 2024–07077 Filed 4–1–24; 8:45 am]
BILLING CODE 6750–01–P
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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0195]
RIN 1625–AA00
Safety Zone; Narragansett Bay,
Newport, RI
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard is proposing
to establish a temporary safety zone 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
sailboat race. This proposed rulemaking
would prohibit persons and vessels
from being in the safety zone 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 May 2, 2024.
ADDRESSES: You may submit comments
identified by docket number USCG–
2024–0195 using the Federal DecisionMaking 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. This notice of proposed
rulemaking with its plain-language, 100word-or-less proposed rule summary
will be available in this same docket.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email MST2
Christopher Matthews, Waterways
Management Division, Sector
Southeastern New England, U.S. Coast
Guard; telephone 571–610–4969, email
SENEWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector
Southeastern New England
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On January 31, 2024, an organization
notified the Coast Guard that it will be
conducting a sailboat race from 10:30
a.m. through 6:30 p.m. on June 21, 2024,
with a rain date of June 22, 2024. The
sailboat race will launch from the 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 sailboat 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 the East Passage
of the Narragansett Bay before, during,
and after the scheduled event. The Coast
Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from 10:30 a.m. to 6:30 p.m.
on June 21, 2024, with a rain date of
June 22, 2024. The safety zone would
cover one of three possible locations
depending on the weather. Safety Zone
‘‘A’’ will cover all navigable waters from
an area just south of Rose Island near
Fort Adams. Safety Zone ‘‘B’’ for
inclement weather will cover all
navigable waters near Brenton Point.
Safety Zone ‘‘C’’ will cover all navigable
waters from an area south of Rose Island
near Castle Hill, RI.
The proposed location of the Safety
Zone ‘‘A’’ is as follows:
Latitude
41°29′08″ N
41°28′27″ N
41°28′38″ N
41°29′25″ N
Longitude
071°20′04″ W: thence
to
071°20′40″ W: thence
to
071°21′14″ W: thence
to
071°20′52″ W: and
thence to the point
of beginning.
If weather conditions prohibit a safe
race start within the approach to
Newport Harbor using Safety Zone ‘‘A’’
the race will begin offshore using Safety
Zone ‘‘B’’ or Safety Zone ‘‘C’’:
The proposed location of the Safety
Zone ‘‘B’’ is as follows:
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Latitude
41°26′04″ N
41°25′36″ N
41°25′21″ N
41°25′49″ N
Longitude
071°22′16″ W: thence
to
071°21′58″ W: thence
to
071°22′38″ W: thence
to
071°22′56″ W: and
thence to the point
of beginning.
The proposed location of the Safety
Zone ‘‘C’’ is as follows:
Latitude
41°27′57″ N
41°27′16″ N
41°27′27″ N
41°28′08″ N
Longitude
071°21′44″ W: thence
to
071°22′00″ W: thence
to
071°22′50″ W: thence
to
071°22′34″ W: and
thence to the point
of beginning.
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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 safety
zone is intended to ensure the safety of
vessels and these navigable waters
before, during, and after the scheduled
sailboat race. No vessel or person is
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
They may be contacted on VHF–FM
Channel 16 or by phone at 866–819–
9128. Persons and vessels permitted to
enter this safety zone 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 safety
zone 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
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benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This NPRM has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, the NPRM 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 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
safety zone will be in effect for a
maximum of 8 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 safety zone.
Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners (BNMs)
via VHF–FM marine channel 16 about
the area, and the proposed 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 safety
zone 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 proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
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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),
we want to assist small entities in
understanding this proposed rule. If the
proposed 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. 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 call or email 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
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proposed rule would not result in such
an expenditure, we do discuss the
potential effects of this proposed 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 safety zone lasting 8 hours
that would prohibit entry within the
regulated area. Normally such actions
are categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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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.
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.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2024–0195 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
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person in the FOR FURTHER INFORMATION
section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. Also, if you click
on the Dockets tab and then the
proposed rule, you should see a
‘‘Subscribe’’ option for email alerts. The
option will notify you when comments
are posted, or a final rule is published.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
CONTACT
(1) Safety Zone ‘‘A’’ encompasses all
navigable waters located within the
following latitude and longitude points:
Latitude
41°29′08″ N
41°28′27″ N
41°28′38″ N
41°29′25″ N
Latitude
41°26′04″ N
41°25′36″ N
41°25′21″ N
41°25′49″ N
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.T01–0195 to read as
follows:
■
§ 165.T01–0195 Safety Zone; Narragansett
Bay, Newport, RI.
(a) Location. 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 via marine
channel 16 (VHF–FM). The following
areas are safety zones.
PO 00000
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071°20′04″ W: thence
to
071°20′40″ W: thence
to
071°21′14″ W: thence
to
071°20′52″ W: and
thence to the point
of beginning.
Longitude
071°22′16″ W: thence
to
071°21′58″ W: thence
to
071°22′38″ W: thence
to
071°22′56″ W: and
thence to the point
of beginning.
(3) Safety Zone ‘‘C’’ encompasses all
navigable waters located within the
following latitude and longitude points:
Latitude
41°27′57″ N
41°27′16″ N
41°27′27″ N
41°28′08″ N
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Longitude
(2) Safety Zone ‘‘B’’ encompasses all
navigable waters located within the
following latitude and longitude points:
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
22647
Longitude
071°21′44″ W: thence
to
071°22′00″ W: thence
to
071°22′50″ W: thence
to
071°22′34″ W: and
thence to the point
of beginning the
point of beginning.
(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
zones 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 on VHF–FM channel 16
or by telephone at 508–457–3211. Those
in the safety zone must comply with all
lawful orders or directions given to
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them by the COTP or the COTP’s
designated representative.
(d) Enforcement period. This section
will be enforced from 10:30 a.m. to 6:30
p.m. on June 21, 2024, or June 22, 2024.
To alleviate the effects of this proposed
rule on the public, the COTP may elect
to temporarily suspend enforcement of
these security zones.
(e) 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.
Clinton J. Prindle,
Captain, U.S. Coast Guard, Captain of the
Port Sector Southeastern New England.
[FR Doc. 2024–06930 Filed 4–1–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2024–0032; FRL–11685–
01–R9]
Air Plan Revisions; California; San
Diego County Air Pollution Control
District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the San Diego County Air
SUMMARY:
Pollution Control District (SDCAPCD)
portion of the California State
Implementation Plan (SIP). This
revision concerns a rule submitted to
address section 185 of the Clean Air Act
(CAA or ‘‘Act’’). We are taking
comments on this proposal and plan to
follow with a final action.
DATES: Comments must be received on
or before May 2, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2024–0032 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. If you need
assistance in a language other than
English or if you are a person with a
disability who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
Kira
Wiesinger, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3827 or by
email at wiesinger.kira@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted
rule?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation
criteria?
C. The EPA’s Recommendations To Further
Improve the Rule
D. Proposed Action and Public Comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this
proposal with the dates that it was
adopted by the local air agency and
submitted by the California Air
Resources Board (CARB).
TABLE 1—SUBMITTED RULE
Local agency
Rule No.
SDCAPCD ................................
45
On January 20, 2023, the submittal for
SDCAPCD Rule 45 was deemed by
operation of law to meet the
completeness criteria in 40 CFR part 51
Appendix V, which must be met before
formal EPA review.
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B. Are there other versions of this rule?
There are no previous versions of
Rule 45 in the California SIP. The
SDCAPCD adopted this rule on June 9,
2022, and CARB submitted it to the EPA
on July 20, 2022.
C. What is the purpose of the submitted
rule?
Under sections 182(d)(3), (e), (f) and
185 of the Act, states with ozone
nonattainment areas classified as
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Rule title
Adopted
Federally Mandated Ozone Nonattainment Fees .....................
‘‘Severe’’ or ‘‘Extreme’’ are required to
submit a SIP revision that requires
major stationary sources of volatile
organic compounds (VOC) or oxides of
nitrogen (NOX) emissions in the area to
pay a fee if the area fails to attain the
standard by the attainment date. The
required SIP revision must provide for
annual payment of the fees, computed
in accordance with CAA section 185(b).
The San Diego County ozone
nonattainment area has been classified
as Severe for the 2008 ozone National
Ambient Air Quality Standards
(NAAQS). The SDCAPCD submitted
Rule 45 to satisfy the requirement to
submit a CAA section 185 fee program
for the 2008 ozone NAAQS.
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06/09/2022
Submitted
07/20/2022
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
Rules in the SIP must be enforceable
(see CAA section 110(a)(2)), must not
interfere with applicable requirements
concerning attainment and reasonable
further progress or other CAA
requirements (see CAA section 110(l)),
and must not modify certain SIP control
requirements in nonattainment areas
without ensuring equivalent or greater
emissions reductions (see CAA section
193). The EPA is also evaluating the rule
for consistency with the statutory
requirements of CAA section 185.
Guidance and policy documents that we
used to evaluate enforceability,
revision/relaxation, and rule stringency
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]]>Agencies
[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Proposed Rules]
[Pages 22645-22648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06930]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0195]
RIN 1625-AA00
Safety Zone; Narragansett Bay, Newport, RI
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone 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
sailboat race. This proposed rulemaking would prohibit persons and
vessels from being in the safety zone 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 May 2, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0195 using the Federal Decision-Making 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. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Christopher Matthews, Waterways
Management Division, Sector Southeastern New England, U.S. Coast Guard;
telephone 571-610-4969, 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 January 31, 2024, an organization notified the Coast Guard that
it will be conducting a sailboat race from 10:30 a.m. through 6:30 p.m.
on June 21, 2024, with a rain date of June 22, 2024. The sailboat race
will launch from the 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 sailboat 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 the East Passage of the Narragansett
Bay before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 10:30 a.m. to
6:30 p.m. on June 21, 2024, with a rain date of June 22, 2024. The
safety zone would cover one of three possible locations depending on
the weather. Safety Zone ``A'' will cover all navigable waters from an
area just south of Rose Island near Fort Adams. Safety Zone ``B'' for
inclement weather will cover all navigable waters near Brenton Point.
Safety Zone ``C'' will cover all navigable waters from an area south of
Rose Island near Castle Hill, RI.
The proposed location of the Safety Zone ``A'' is as follows:
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Latitude Longitude
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41[deg]29'08'' N 071[deg]20'04'' W: thence to
41[deg]28'27'' N 071[deg]20'40'' W: thence to
41[deg]28'38'' N 071[deg]21'14'' W: thence to
41[deg]29'25'' N 071[deg]20'52'' W: and thence to the
point of beginning.
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If weather conditions prohibit a safe race start within the
approach to Newport Harbor using Safety Zone ``A'' the race will begin
offshore using Safety Zone ``B'' or Safety Zone ``C'':
The proposed location of the Safety Zone ``B'' is as follows:
[[Page 22646]]
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Latitude Longitude
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41[deg]26'04'' N 071[deg]22'16'' W: thence to
41[deg]25'36'' N 071[deg]21'58'' W: thence to
41[deg]25'21'' N 071[deg]22'38'' W: thence to
41[deg]25'49'' N 071[deg]22'56'' W: and thence to the
point of beginning.
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The proposed location of the Safety Zone ``C'' is as follows:
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Latitude Longitude
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41[deg]27'57'' N 071[deg]21'44'' W: thence to
41[deg]27'16'' N 071[deg]22'00'' W: thence to
41[deg]27'27'' N 071[deg]22'50'' W: thence to
41[deg]28'08'' N 071[deg]22'34'' W: and thence to the
point of beginning.
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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 safety zone
is intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled sailboat race. No vessel or
person is permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or by phone at 866-819-9128. Persons and
vessels permitted to enter this safety zone 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 safety zone 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. This NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM 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 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 safety zone will be in effect
for a maximum of 8 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 safety zone. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners (BNMs) via VHF-
FM marine channel 16 about the area, and the proposed 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
safety zone 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 proposed 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), we want to assist small
entities in understanding this proposed rule. If the proposed 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. 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 call or email 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
[[Page 22647]]
proposed rule would not result in such an expenditure, we do discuss
the potential effects of this proposed 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 safety
zone lasting 8 hours that would prohibit entry within the regulated
area. Normally such actions are categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. 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 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.
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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2024-0195 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. 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.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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.T01-0195 to read as follows:
Sec. 165.T01-0195 Safety Zone; Narragansett Bay, Newport, RI.
(a) Location. 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 via marine channel 16 (VHF-FM). The following areas are safety
zones.
(1) Safety Zone ``A'' encompasses all navigable waters located
within the following latitude and longitude points:
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Latitude Longitude
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41[deg]29'08'' N 071[deg]20'04'' W: thence to
41[deg]28'27'' N 071[deg]20'40'' W: thence to
41[deg]28'38'' N 071[deg]21'14'' W: thence to
41[deg]29'25'' N 071[deg]20'52'' W: and thence to the
point of beginning.
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(2) Safety Zone ``B'' encompasses all navigable waters located
within the following latitude and longitude points:
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Latitude Longitude
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41[deg]26'04'' N 071[deg]22'16'' W: thence to
41[deg]25'36'' N 071[deg]21'58'' W: thence to
41[deg]25'21'' N 071[deg]22'38'' W: thence to
41[deg]25'49'' N 071[deg]22'56'' W: and thence to the
point of beginning.
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(3) Safety Zone ``C'' encompasses all navigable waters located
within the following latitude and longitude points:
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Latitude Longitude
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41[deg]27'57'' N 071[deg]21'44'' W: thence to
41[deg]27'16'' N 071[deg]22'00'' W: thence to
41[deg]27'27'' N 071[deg]22'50'' W: thence to
41[deg]28'08'' N 071[deg]22'34'' W: and thence to the
point of beginning the point of
beginning.
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(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 zones 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 on VHF-FM channel 16 or by telephone at 508-457-3211.
Those in the safety zone must comply with all lawful orders or
directions given to
[[Page 22648]]
them by the COTP or the COTP's designated representative.
(d) Enforcement period. This section will be enforced from 10:30
a.m. to 6:30 p.m. on June 21, 2024, or June 22, 2024. To alleviate the
effects of this proposed rule on the public, the COTP may elect to
temporarily suspend enforcement of these security zones.
(e) 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.
Clinton J. Prindle,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New
England.
[FR Doc. 2024-06930 Filed 4-1-24; 8:45 am]
BILLING CODE 9110-04-P
