80_FR_26603 80 FR 26514 - Safety Zones; Misery Challenge, Manchester Bay, Manchester, MA

80 FR 26514 - Safety Zones; Misery Challenge, Manchester Bay, Manchester, MA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 89 (May 8, 2015)

Page Range26514-26517
FR Document2015-11189

The Coast Guard is proposing to establish a temporary safety zone in Manchester Bay to be enforced during the Misery Challenge marine event, which will involve swimmers, kayakers, and stand-up paddlers. This safety zone would ensure the protection of the event participants, support vessels, and maritime public from the hazards associated with the event. Vessels will be prohibited from entering into, transiting through, mooring, or anchoring within this safety zone during periods of enforcement unless authorized by the Coast Guard Sector Boston Captain of the Port (COTP) or the COTP's designated representative.

Federal Register, Volume 80 Issue 89 (Friday, May 8, 2015)
[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Proposed Rules]
[Pages 26514-26517]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11189]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0188]
RIN 1625-AA00


Safety Zones; Misery Challenge, Manchester Bay, Manchester, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone in Manchester Bay to be enforced during the Misery Challenge 
marine event, which will involve swimmers, kayakers, and stand-up 
paddlers. This safety zone would ensure the protection of the event 
participants, support vessels, and maritime public from the hazards 
associated with the event. Vessels will be prohibited from entering 
into, transiting through, mooring, or anchoring within this safety zone 
during periods of enforcement unless authorized by the Coast Guard 
Sector Boston Captain of the Port (COTP) or the COTP's designated 
representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 8, 2015. Requests for public meetings must be 
received by the Coast Guard on or before May 15, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact Mr. Mark Cutter, Coast Guard Sector Boston Waterways Management 
Division, telephone 617-223-4000, email [email protected]. If you 
have questions on viewing or submitting material to the docket, call 
Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
CFR Code of Federal Regulation
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

[[Page 26515]]

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2015-0188 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2015-0188 in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulartory History and Information

    This is a first time event with no regulatory history.

C. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 1231; 50 U.S.C. 
191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland 
Security Delegation No. 0170.1, which collectively authorize the Coast 
Guard to establish regulatory safety zones.
    By establishing a temporary safety zone, the Coast Guard will 
ensure the protection of the event participants, support vessels, and 
maritime public from the hazards associated with the event.

D. Discussion of Proposed Rule

    For the reason discussed above, the COTP, Sector Boston, is 
proposing to establish a temporary safety zone in the navigable waters 
of Manchester Bay, Manchester, Massachusetts. This rule is necessary to 
ensure the protection of the event participants, support vessels, and 
maritime public from the hazards associated with the event. Vessels not 
associated with the event shall maintain a distance of at least 100 
yards from the participants. Specific geographic locations are 
specified in the regulatory text. This rule will be effective on August 
1, 2015, from 7:30 a.m. to 11:30 a.m.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule to be minimal. This 
regulation may have some impact on the public, but that potential 
impact will likely be minimal for several reasons. First, this safety 
zone will be in effect for only 4 hours in the morning when vessel 
traffic is expected to be light. Second, vessels may enter or pass 
through the safety zone during an enforcement period with the 
permission of the COTP or the designated representative. Finally, the 
Coast Guard will provide notification to the public through Broadcast 
Notice to Mariners well in advance of the event.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 will not have a significant economic impact on a 
substantial number of small entities.
    For all of the reasons discussed in the REGULATORY PLANNING AND 
REVIEW section, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this rule would not have a significant economic impact on a substantial 
number of small entities.
    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.

3. Assistance for Small Entities

    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 rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for

[[Page 26516]]

compliance, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    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 
determined that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (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 rule involves the 
establishment of a temporary safety zone. This rule may be 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A preliminary environmental 
analysis checklist supporting this assessment is available in the 
docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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 proposes 
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:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add a new Sec.  165.T01-0188 to read as follows:


Sec.  165.T01-0188  Safety Zone--Misery Challenge--Manchester Bay, 
Manchester, Massachusetts.

    (a) General. Establish a temporary safety zone:
    (1) Location. The following area is a safety zone: All navigable 
waters, from surface to bottom, within (100) yards from the 
participants and vessels in support of events in Manchester Bay, 
Manchester, MA, and enclosed by a line connecting the following points 
(NAD 83):

------------------------------------------------------------------------
             Latitude                            Longitude
------------------------------------------------------------------------
42[deg]34'03'' N.................  70[deg]46'42'' W; thence to
42[deg]33'58'' N.................  70[deg]46'33'' W; thence to
42[deg]32'32'' N.................  70[deg]47'45'' W; thence to
42[deg]32'58'' N.................  70[deg]48'40'' W; thence to point of
                                    origin.
------------------------------------------------------------------------

    (2) Effective and enforcement period. This rule will be effective 
on August 1, 2015, from 7:30 a.m. to 11:30 a.m.
    (b) Regulations. While this safety zone is being enforced, the 
following regulations, along with those contained in 33 CFR 165.23, 
apply:
    (1) No person or vessel may enter or remain in this safety zone 
without the permission of the Captain of the Port (COTP), Sector Boston 
the COTP's representatives. However, any vessel that is granted 
permission by the COTP or the COTP's representatives must proceed 
through the area with caution and operate at a speed no faster than 
that speed necessary to maintain a safe course, unless otherwise 
required by the Navigation Rules.
    (2) Any person or vessel permitted to enter the safety zone shall 
comply with the directions and orders of the COTP or the COTP's 
representatives. Upon being hailed by a U.S. Coast Guard vessel by 
siren, radio, flashing lights, or other means, the operator of a vessel

[[Page 26517]]

within the zone shall proceed as directed. Any person or vessel within 
the safety zone shall exit the zone when directed by the COTP or the 
COTP's representatives.
    (3) To obtain permissions required by this regulation, individuals 
may reach the COTP or a COTP representative via VHF channel 16 or 617-
223-5757 (Sector Boston Command Center).
    (c) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 1226.
    (d) Notification. Coast Guard Sector Boston will give notice 
through the Local Notice to Mariners, Broadcast Notice to Mariners, and 
to mariners for the purpose of enforcement of this temporary safety 
zone. Also, Sector Boston will notify the public to the greatest extent 
possible of any period in which the Coast Guard will suspend 
enforcement of this safety zone.
    (e) COTP representative. The COTP's representative may be any Coast 
Guard commissioned, warrant, or petty officer or any Federal, state, or 
local law enforcement officer who has been designated by the COTP to 
act on the COTP's behalf. The COTP's representative may be on a Coast 
Guard vessel, a Coast Guard Auxiliary vessel, a state or local law 
enforcement vessel, or a location on shore.

    Dated: April 27, 2015.
J.C. O'Connor III,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2015-11189 Filed 5-7-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                      26514                       Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules

                                                      from barges near the shoreline that                     transit the area, the Captain of the Port             would ensure the protection of the event
                                                      generally rely on the use of navigable                  Baltimore and his designated                          participants, support vessels, and
                                                      waters as a safety buffer to protect the                representatives can be contacted at                   maritime public from the hazards
                                                      public from fireworks fallouts and                      telephone number 410–576–2693 or on                   associated with the event. Vessels will
                                                      premature detonations. This rule is                     Marine Band Radio VHF–FM channel                      be prohibited from entering into,
                                                      categorically excluded from further                     16 (156.8 MHz). The Coast Guard                       transiting through, mooring, or
                                                      review under paragraph 34(g) of Figure                  vessels enforcing this section can be                 anchoring within this safety zone during
                                                      2–1 of the Commandant Instruction. A                    contacted on Marine Band Radio VHF–                   periods of enforcement unless
                                                      preliminary environmental analysis                      FM channel 16 (156.8 MHz). Upon                       authorized by the Coast Guard Sector
                                                      checklist supporting this determination                 being hailed by a U.S. Coast Guard                    Boston Captain of the Port (COTP) or the
                                                      and a Categorical Exclusion                             vessel, or other Federal, State, or local             COTP’s designated representative.
                                                      Determination are available in the                      agency vessel, by siren, radio, flashing              DATES: Comments and related material
                                                      docket where indicated under                            light, or other means, the operator of a              must be received by the Coast Guard on
                                                      ADDRESSES. We seek any comments or                      vessel shall proceed as directed. If                  or before June 8, 2015. Requests for
                                                      information that may lead to the                        permission is granted, all persons and                public meetings must be received by the
                                                      discovery of a significant environmental                vessels must comply with the                          Coast Guard on or before May 15, 2015.
                                                      impact from this proposed rule.                         instructions of the Captain of the Port               ADDRESSES: You may submit comments
                                                                                                              Baltimore or his designated                           identified by docket number using any
                                                      List of Subjects in 33 CFR Part 165
                                                                                                              representative and proceed as directed                one of the following methods:
                                                        Harbors, Marine safety, Navigation                    while within the zone.                                   (1) Federal eRulemaking Portal:
                                                      (water), Reporting and recordkeeping                       (4) Enforcement. The U.S. Coast                    http://www.regulations.gov.
                                                      requirements, Security measures,                        Guard may be assisted in the patrol and                  (2) Fax: 202–493–2251.
                                                      Waterways.                                              enforcement of the zone by Federal,                      (3) Mail or Delivery: Docket
                                                        For the reasons discussed in the                      State, and local agencies.                            Management Facility (M–30), U.S.
                                                      preamble, the Coast Guard proposes to                      (c) Definitions. As used in this
                                                                                                                                                                    Department of Transportation, West
                                                      amend 33 CFR part 165 as follows:                       section:
                                                                                                                                                                    Building Ground Floor, Room W12–140,
                                                                                                                 Captain of the Port Baltimore means
                                                                                                                                                                    1200 New Jersey Avenue SE.,
                                                      PART 165—REGULATED NAVIGATION                           the Commander, U.S. Coast Guard
                                                                                                                                                                    Washington, DC 20590–0001. Deliveries
                                                      AREAS AND LIMITED ACCESS AREAS                          Sector Baltimore, Maryland.
                                                                                                                                                                    accepted between 9 a.m. and 5 p.m.,
                                                                                                                 Designated representative means any
                                                      ■ 1. The authority citation for part 165                                                                      Monday through Friday, except federal
                                                                                                              Coast Guard commissioned, warrant, or
                                                      continues to read as follows:                                                                                 holidays. The telephone number is 202–
                                                                                                              petty officer who has been authorized
                                                                                                                                                                    366–9329.
                                                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             by the Captain of the Port Baltimore to
                                                                                                                                                                       See the ‘‘Public Participation and
                                                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               assist in enforcing the safety zone
                                                      Department of Homeland Security Delegation                                                                    Request for Comments’’ portion of the
                                                                                                              described in paragraph (a) of this
                                                      No. 0170.1.                                                                                                   SUPPLEMENTARY INFORMATION section
                                                                                                              section.
                                                      ■ 2. Add § 165.T05–0315 to read as                         (d) Enforcement period. This section               below for further instructions on
                                                      follows:                                                will be enforced from 8:30 p.m. through               submitting comments. To avoid
                                                                                                              10:30 p.m. on July 2, 2015.                           duplication, please use only one of
                                                      § 165.T05–0315 Safety Zone for Fireworks                                                                      these three methods.
                                                      Display, Patapsco River, Inner Harbor;                    Dated: April 28, 2015.
                                                                                                                                                                    FOR FURTHER INFORMATION CONTACT: If
                                                      Baltimore, MD.                                          Kevin C. Kiefer,                                      you have questions on this rule, contact
                                                         (a) Location. The following area is a                Captain, U.S. Coast Guard, Captain of the             Mr. Mark Cutter, Coast Guard Sector
                                                      safety zone: All waters of the Patapsco                 Port Baltimore.                                       Boston Waterways Management
                                                      River, within a 300 yards radius of a                   [FR Doc. 2015–11190 Filed 5–7–15; 8:45 am]            Division, telephone 617–223–4000,
                                                      fireworks discharge barge in                            BILLING CODE 9110–04–P                                email Mark.E.Cutter@uscg.mil. If you
                                                      approximate position latitude 39°16′56″                                                                       have questions on viewing or submitting
                                                      N, longitude 076°36′19″ W, located in                                                                         material to the docket, call Cheryl
                                                      the Inner Harbor at Baltimore,                          DEPARTMENT OF HOMELAND                                Collins, Program Manager, Docket
                                                      Maryland. All coordinates refer to                      SECURITY                                              Operations, telephone 202–366–9826.
                                                      datum NAD 1983.
                                                                                                              Coast Guard                                           SUPPLEMENTARY INFORMATION:
                                                         (b) Regulations. The general safety
                                                      zone regulations found in 33 CFR                                                                              Table of Acronyms
                                                      165.23 apply to the safety zone created                 33 CFR Part 165
                                                                                                                                                                    DHS Department of Homeland Security
                                                      by this temporary section.                              [Docket Number USCG–2015–0188]                        CFR Code of Federal Regulation
                                                         (1) All persons are required to comply                                                                     FR Federal Register
                                                      with the general regulations governing                  RIN 1625–AA00
                                                                                                                                                                    NPRM Notice of Proposed Rulemaking
                                                      safety zones found in 33 CFR 165.23.                                                                          NAD 83 North American Datum of 1983
                                                         (2) Entry into or remaining in this                  Safety Zones; Misery Challenge,
                                                      zone is prohibited unless authorized by                 Manchester Bay, Manchester, MA                        A. Public Participation and Request for
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      the Coast Guard Captain of the Port                                                                           Comments
                                                                                                              AGENCY:   Coast Guard, DHS.
                                                      Baltimore. All vessels underway within                  ACTION:   Notice of proposed rulemaking.                We encourage you to participate in
                                                      this safety zone at the time it is                                                                            this rulemaking by submitting
                                                      implemented are to depart the zone.                     SUMMARY:   The Coast Guard is proposing               comments and related materials. All
                                                         (3) Persons desiring to transit the area             to establish a temporary safety zone in               comments received will be posted
                                                      of the safety zone must first obtain                    Manchester Bay to be enforced during                  without change to http://
                                                      authorization from the Captain of the                   the Misery Challenge marine event,                    www.regulations.gov and will include
                                                      Port Baltimore or his designated                        which will involve swimmers, kayakers,                any personal information you have
                                                      representative. To seek permission to                   and stand-up paddlers. This safety zone               provided.


                                                 VerDate Sep<11>2014   16:19 May 07, 2015   Jkt 235001   PO 00000   Frm 00046   Fmt 4702   Sfmt 4702   E:\FR\FM\08MYP1.SGM   08MYP1


                                                                                  Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules                                           26515

                                                      1. Submitting Comments                                  individual submitting the comment (or                 Planning and Review, as supplemented
                                                         If you submit a comment, please                      signing the comment, if submitted on                  by Executive Order 13563, Improving
                                                      include the docket number for this                      behalf of an association, business, labor             Regulation and Regulatory Review, and
                                                      rulemaking, indicate the specific section               union, etc.). You may review a Privacy                does not require an assessment of
                                                      of this document to which each                          Act notice regarding our public dockets               potential costs and benefits under
                                                                                                              in the January 17, 2008, issue of the                 section 6(a)(3) of Executive Order 12866
                                                      comment applies, and provide a reason
                                                                                                              Federal Register (73 FR 3316).                        or under section 1 of Executive Order
                                                      for each suggestion or recommendation.
                                                                                                                                                                    13563. The Office of Management and
                                                      You may submit your comments and                        4. Public Meeting                                     Budget has not reviewed it under those
                                                      material online at http://
                                                                                                                We do not now plan to hold a public                 Orders.
                                                      www.regulations.gov, or by fax, mail, or                                                                         We expect the economic impact of
                                                                                                              meeting. But you may submit a request
                                                      hand delivery, but please use only one                                                                        this rule to be minimal. This regulation
                                                                                                              for one, using one of the methods
                                                      of these means. If you submit a                                                                               may have some impact on the public,
                                                                                                              specified under ADDRESSES. Please
                                                      comment online, it will be considered                                                                         but that potential impact will likely be
                                                                                                              explain why you believe a public
                                                      received by the Coast Guard when you                                                                          minimal for several reasons. First, this
                                                                                                              meeting would be beneficial. If we
                                                      successfully transmit the comment. If                                                                         safety zone will be in effect for only 4
                                                                                                              determine that one would aid this
                                                      you fax, hand deliver, or mail your                                                                           hours in the morning when vessel traffic
                                                                                                              rulemaking, we will hold one at a time
                                                      comment, it will be considered as                                                                             is expected to be light. Second, vessels
                                                                                                              and place announced by a later notice
                                                      having been received by the Coast                                                                             may enter or pass through the safety
                                                                                                              in the Federal Register.
                                                      Guard when it is received at the Docket                                                                       zone during an enforcement period with
                                                      Management Facility. We recommend                       B. Regulartory History and Information                the permission of the COTP or the
                                                      that you include your name and a                          This is a first time event with no                  designated representative. Finally, the
                                                      mailing address, an email address, or a                 regulatory history.                                   Coast Guard will provide notification to
                                                      telephone number in the body of your                                                                          the public through Broadcast Notice to
                                                      document so that we can contact you if                  C. Basis and Purpose
                                                                                                                                                                    Mariners well in advance of the event.
                                                      we have questions regarding your                           The legal basis for the proposed rule
                                                      submission.                                             is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR              2. Impact on Small Entities
                                                         To submit your comment online, go to                 1.05–1, 6.04–1, 6.04–6, and 160.5;                       The Regulatory Flexibility Act of 1980
                                                      http://www.regulations.gov, type the                    Department of Homeland Security                       (RFA), 5 U.S.C. 601–612, as amended,
                                                      docket number USCG–2015–0188 in the                     Delegation No. 0170.1, which                          requires federal agencies to consider the
                                                      ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                    collectively authorize the Coast Guard                potential impact of regulations on small
                                                      Click on ‘‘Submit a Comment’’ on the                    to establish regulatory safety zones.                 entities during rulemaking. The term
                                                      line associated with this rulemaking.                      By establishing a temporary safety                 ‘‘small entities’’ comprises small
                                                         If you submit your comments by mail                  zone, the Coast Guard will ensure the                 businesses, not-for-profit organizations
                                                      or hand delivery, submit them in an                     protection of the event participants,                 that are independently owned and
                                                      unbound format, no larger than 81⁄2 by                  support vessels, and maritime public                  operated and are not dominant in their
                                                      11 inches, suitable for copying and                     from the hazards associated with the                  fields, and governmental jurisdictions
                                                      electronic filing. If you submit                        event.                                                with populations of less than 50,000.
                                                      comments by mail and would like to                                                                            The Coast Guard certifies under 5 U.S.C.
                                                      know that they reached the Facility,                    D. Discussion of Proposed Rule
                                                                                                                                                                    605(b) that this proposed rule will not
                                                      please enclose a stamped, self-addressed                  For the reason discussed above, the                 have a significant economic impact on
                                                      postcard or envelope. We will consider                  COTP, Sector Boston, is proposing to                  a substantial number of small entities.
                                                      all comments and material received                      establish a temporary safety zone in the                 For all of the reasons discussed in the
                                                      during the comment period and may                       navigable waters of Manchester Bay,                   REGULATORY PLANNING AND
                                                      change the rule based on your                           Manchester, Massachusetts. This rule is               REVIEW section, the Coast Guard
                                                      comments.                                               necessary to ensure the protection of the             certifies under 5 U.S.C. 605(b) that this
                                                                                                              event participants, support vessels, and              rule would not have a significant
                                                      2. Viewing Comments and Documents
                                                                                                              maritime public from the hazards                      economic impact on a substantial
                                                         To view comments, as well as                         associated with the event. Vessels not                number of small entities.
                                                      documents mentioned in this preamble                    associated with the event shall maintain                 If you think that your business,
                                                      as being available in the docket, go to                 a distance of at least 100 yards from the             organization, or governmental
                                                      http://www.regulations.gov, type the                    participants. Specific geographic                     jurisdiction qualifies as a small entity
                                                      docket number USCG–2015–0188 in the                     locations are specified in the regulatory             and that this rule would have a
                                                      ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                    text. This rule will be effective on                  significant economic impact on it,
                                                      Click on Open Docket Folder on the line                 August 1, 2015, from 7:30 a.m. to 11:30               please submit a comment (see
                                                      associated with this rulemaking. You                    a.m.                                                  ADDRESSES) explaining why you think it
                                                      may also visit the Docket Management                                                                          qualifies and how and to what degree
                                                      Facility in Room W12–140 on the                         E. Regulatory Analyses
                                                                                                                                                                    this rule would economically affect it.
                                                      ground floor of the Department of                         We developed this proposed rule after
                                                      Transportation West Building, 1200                      considering numerous statutes and                     3. Assistance for Small Entities
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                                                      New Jersey Avenue SE., Washington,                      executive orders related to rulemaking.                  Under section 213(a) of the Small
                                                      DC 20590, between 9 a.m. and 5 p.m.,                    Below we summarize our analyses                       Business Regulatory Enforcement
                                                      Monday through Friday, except Federal                   based on these statutes or executive                  Fairness Act of 1996 (Pub. L. 104–121),
                                                      holidays.                                               orders.                                               we want to assist small entities in
                                                                                                                                                                    understanding this proposed rule. If the
                                                      3. Privacy Act                                          1. Regulatory Planning and Review                     rule would affect your small business,
                                                        Anyone can search the electronic                        This proposed rule is not a significant             organization, or governmental
                                                      form of comments received into any of                   regulatory action under section 3(f) of               jurisdiction and you have questions
                                                      our dockets by the name of the                          Executive Order 12866, Regulatory                     concerning its provisions or options for


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                                                      26516                       Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules

                                                      compliance, please contact the person                   eliminate ambiguity, and reduce                       List of Subjects in 33 CFR Part 165
                                                      listed in the FOR FURTHER INFORMATION                   burden.                                                 Harbors, Marine safety, Navigation
                                                      CONTACT, above. The Coast Guard will                                                                          (water), Reporting and recordkeeping
                                                                                                              10. Protection of Children From
                                                      not retaliate against small entities that                                                                     requirements, Security measures,
                                                                                                              Environmental Health Risks
                                                      question or complain about this                                                                               Waterways.
                                                      proposed rule or any policy or action of                   We have analyzed this proposed rule
                                                                                                              under Executive Order 13045,                            For the reasons discussed in the
                                                      the Coast Guard.
                                                                                                              Protection of Children from                           preamble, the Coast Guard proposes to
                                                      4. Collection of Information                            Environmental Health Risks and Safety                 amend 33 CFR part 165 as follows:
                                                        This proposed rule will not call for a                Risks. This rule is not an economically
                                                                                                                                                                    PART 165—REGULATED NAVIGATION
                                                      new collection of information under the                 significant rule and would not create an
                                                                                                                                                                    AREAS AND LIMITED ACCESS AREAS
                                                      Paperwork Reduction Act of 1995 (44                     environmental risk to health or risk to
                                                      U.S.C. 3501–3520.).                                     safety that might disproportionately                  ■ 1. The authority citation for part 165
                                                                                                              affect children.                                      continues to read as follows:
                                                      5. Federalism
                                                         A rule has implications for federalism               11. Indian Tribal Governments                           Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                      under Executive Order 13132,                               This proposed rule does not have                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                                                                                    Department of Homeland Security Delegation
                                                      Federalism, if it has a substantial direct              tribal implications under Executive                   No. 0170.1.
                                                      effect on the States, on the relationship               Order 13175, Consultation and
                                                      between the national government and                     Coordination with Indian Tribal                       ■ 2. Add a new § 165.T01–0188 to read
                                                      the States, or on the distribution of                   Governments, because it would not have                as follows:
                                                      power and responsibilities among the                    a substantial direct effect on one or                 § 165.T01–0188 Safety Zone—Misery
                                                      various levels of government. We have                   more Indian tribes, on the relationship               Challenge—Manchester Bay, Manchester,
                                                      analyzed this proposed rule under that                  between the Federal Government and                    Massachusetts.
                                                      Order and determined that this rule                     Indian tribes, or on the distribution of                (a) General. Establish a temporary
                                                      does not have implications for                          power and responsibilities between the                safety zone:
                                                      federalism.                                             Federal Government and Indian tribes.                   (1) Location. The following area is a
                                                      6. Protest Activities                                   12. Energy Effects                                    safety zone: All navigable waters, from
                                                                                                                                                                    surface to bottom, within (100) yards
                                                        The Coast Guard respects the First                       This proposed rule is not a
                                                                                                                                                                    from the participants and vessels in
                                                      Amendment rights of protesters.                         ‘‘significant energy action’’ under
                                                                                                                                                                    support of events in Manchester Bay,
                                                      Protesters are asked to contact the                     Executive Order 13211, Actions
                                                                                                                                                                    Manchester, MA, and enclosed by a line
                                                      person listed in the FOR FURTHER                        Concerning Regulations That
                                                                                                                                                                    connecting the following points (NAD
                                                      INFORMATION CONTACT section to                          Significantly Affect Energy Supply,
                                                                                                                                                                    83):
                                                      coordinate protest activities so that your              Distribution, or Use.
                                                      message can be received without                         13. Technical Standards                                   Latitude                  Longitude
                                                      jeopardizing the safety or security of
                                                      people, places or vessels.                                This proposed rule does not use                     42°34′03″   N   ...   70°46′42″ W;   thence   to
                                                                                                              technical standards. Therefore, we did                42°33′58″   N   ...   70°46′33″ W;   thence   to
                                                      7. Unfunded Mandates Reform Act                         not consider the use of voluntary                     42°32′32″   N   ...   70°47′45″ W;   thence   to
                                                         The Unfunded Mandates Reform Act                     consensus standards.                                  42°32′58″   N   ...   70°48′40″ W;   thence   to point
                                                      of 1995 (2 U.S.C. 1531–1538) requires                                                                                                 of origin.
                                                                                                              14. Environment
                                                      Federal agencies to assess the effects of
                                                      their discretionary regulatory actions. In                We have analyzed this proposed rule                    (2) Effective and enforcement period.
                                                      particular, the Act addresses actions                   under Department of Homeland                          This rule will be effective on August 1,
                                                      that may result in the expenditure by a                 Security Management Directive 023–01                  2015, from 7:30 a.m. to 11:30 a.m.
                                                      State, local, or tribal government, in the              and Commandant Instruction                               (b) Regulations. While this safety zone
                                                      aggregate, or by the private sector of                  M16475.lD, which guide the Coast                      is being enforced, the following
                                                      $100,000,000 (adjusted for inflation) or                Guard in complying with the National                  regulations, along with those contained
                                                      more in any one year. Though this                       Environmental Policy Act of 1969                      in 33 CFR 165.23, apply:
                                                      proposed rule would not result in such                  (NEPA) (42 U.S.C. 4321–4370f), and                       (1) No person or vessel may enter or
                                                      an expenditure, we do discuss the                       have made a preliminary determination                 remain in this safety zone without the
                                                      effects of this rule elsewhere in this                  that this action is one of a category of              permission of the Captain of the Port
                                                      preamble.                                               actions that do not individually or                   (COTP), Sector Boston the COTP’s
                                                                                                              cumulatively have a significant effect on             representatives. However, any vessel
                                                      8. Taking of Private Property                           the human environment. This rule                      that is granted permission by the COTP
                                                        This proposed rule would not cause a                  involves the establishment of a                       or the COTP’s representatives must
                                                      taking of private property or otherwise                 temporary safety zone. This rule may be               proceed through the area with caution
                                                      have taking implications under                          categorically excluded from further                   and operate at a speed no faster than
                                                      Executive Order 12630, Governmental                     review under paragraph 34(g) of Figure                that speed necessary to maintain a safe
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                                                      Actions and Interference with                           2–1 of the Commandant Instruction. A                  course, unless otherwise required by the
                                                      Constitutionally Protected Property                     preliminary environmental analysis                    Navigation Rules.
                                                      Rights.                                                 checklist supporting this assessment is                  (2) Any person or vessel permitted to
                                                                                                              available in the docket where indicated               enter the safety zone shall comply with
                                                      9. Civil Justice Reform                                 under ADDRESSES. We seek any                          the directions and orders of the COTP
                                                        This proposed rule meets applicable                   comments or information that may lead                 or the COTP’s representatives. Upon
                                                      standards in sections 3(a) and 3(b)(2) of               to the discovery of a significant                     being hailed by a U.S. Coast Guard
                                                      Executive Order 12988, Civil Justice                    environmental impact from this                        vessel by siren, radio, flashing lights, or
                                                      Reform, to minimize litigation,                         proposed rule.                                        other means, the operator of a vessel


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                                                                                  Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules                                           26517

                                                      within the zone shall proceed as                        comments electronically should contact                proposed rule would establish a
                                                      directed. Any person or vessel within                   the person identified in the FOR FURTHER              maximum inactive period that would
                                                      the safety zone shall exit the zone when                INFORMATION CONTACT section by                        automatically initiate docket closure,
                                                      directed by the COTP or the COTP’s                      telephone for advice on filing                        without Commission action, thereby
                                                      representatives.                                        alternatives.                                         preventing dormant dockets from
                                                         (3) To obtain permissions required by                FOR FURTHER INFORMATION CONTACT:                      remaining open without productive
                                                      this regulation, individuals may reach                  David A. Trissell, General Counsel, at                activity. It would also establish an
                                                      the COTP or a COTP representative via                   202–789–6820.                                         opportunity for interested persons to
                                                      VHF channel 16 or 617–223–5757                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                    request the reopening of an
                                                      (Sector Boston Command Center).                                                                               automatically closed docket for good
                                                         (c) Penalties. Those who violate this                Table of Contents                                     cause.
                                                      section are subject to the penalties set                I. Introduction                                       III. Proposed Rules
                                                      forth in 33 U.S.C. 1232 and 50 U.S.C.                   II. Background
                                                      1226.                                                   III. Proposed Rules                                      Proposed § 3001.44(a) sets an inactive
                                                         (d) Notification. Coast Guard Sector                 IV. Comments Requested                                period of 12 months as the triggering
                                                      Boston will give notice through the                     V. Ordering Paragraphs                                event for automatic docket closure.
                                                      Local Notice to Mariners, Broadcast                                                                           Proposed § 3001.44(b) provides
                                                                                                              I. Introduction
                                                      Notice to Mariners, and to mariners for                                                                       interested persons with an opportunity
                                                      the purpose of enforcement of this                         The Commission establishes a                       to request that an inactive docket
                                                      temporary safety zone. Also, Sector                     rulemaking docket pursuant to the                     remain open at least 10 days prior to
                                                      Boston will notify the public to the                    Postal Accountability and Enhancement                 automatic closure. Proposed
                                                      greatest extent possible of any period in               Act (PAEA), Public Law 109–435, 120                   § 3001.44(c) provides interested persons
                                                      which the Coast Guard will suspend                      Stat. 3198 (2006), which authorizes the               with an opportunity to request that an
                                                      enforcement of this safety zone.                        Commission to develop rules and                       automatically closed docket be
                                                         (e) COTP representative. The COTP’s                  establish procedures that it deems                    reopened for good cause.
                                                      representative may be any Coast Guard                   necessary and proper to carry out
                                                                                                              Commission functions.1                                IV. Comments Requested
                                                      commissioned, warrant, or petty officer
                                                      or any Federal, state, or local law                        The primary purpose of this                          Interested persons are invited to
                                                      enforcement officer who has been                        rulemaking is to establish procedures                 provide written comments concerning
                                                      designated by the COTP to act on the                    that would simplify the docket closure                the proposed rules. Comments are due
                                                      COTP’s behalf. The COTP’s                               process by permitting automatic closure               no later than 30 days after the date of
                                                      representative may be on a Coast Guard                  of a docket where there has been no                   publication of this notice in the Federal
                                                      vessel, a Coast Guard Auxiliary vessel,                 activity in the docket for at least 12                Register. All comments and suggestions
                                                      a state or local law enforcement vessel,                months. The proposed rule would                       received will be available for review on
                                                      or a location on shore.                                 ensure that the information provided to               the Commission’s Web site, http://
                                                                                                              the public concerning active dockets                  www.prc.gov.
                                                        Dated: April 27, 2015.                                remains current. The proposed rule                      Pursuant to 39 U.S.C. 505, Anne C.
                                                      J.C. O’Connor III,                                      promotes sound and efficient                          O’Connor is appointed to serve as an
                                                      Captain, U.S. Coast Guard, Captain of the               administrative practice, and would                    officer of the Commission (Public
                                                      Port Boston.                                            serve the public interest by reducing                 Representative) to represent the
                                                      [FR Doc. 2015–11189 Filed 5–7–15; 8:45 am]              uncertainty over the status of inactive               interests of the general public in the
                                                      BILLING CODE 9110–04–P                                  dockets.                                              above-captioned docket.
                                                                                                              II. Background                                        VI. Ordering Paragraphs
                                                      POSTAL REGULATORY COMMISSION                               Currently, there are no regulations in               It is ordered:
                                                                                                              place that allow for the automatic                      1. Docket No. RM2015–8 is
                                                      39 CFR Part 3001                                        closure of an inactive docket. In recent              established for the purpose of receiving
                                                                                                              years, the Commission has initiated                   comments on the proposed changes to
                                                      [Docket No. RM2015–8; Order No. 2465]
                                                                                                              closure of inactive dockets by issuing an             part 3001, as discussed in this Order.
                                                      Rules for Automatic Closure of                          order to that effect. For example, on                   2. Interested persons may submit
                                                      Inactive Dockets                                        January 29, 2015, the Commission                      comments no later than 30 days from
                                                                                                              issued an order closing Docket No.                    the date of publication of this notice in
                                                      AGENCY:    Postal Regulatory Commission.                PI2012–1 after nearly two years of                    the Federal Register.
                                                      ACTION:   Proposed rulemaking.                          inactivity.2 On January 30, 2015, the                   3. Pursuant to 39 U.S.C. 505, Anne C.
                                                                                                              Commission issued an order closing                    O’Connor is appointed to serve as
                                                      SUMMARY:   The Commission is proposing                  Docket No. PI2010–1 as there had been                 Public Representative in this
                                                      a rule which establishes procedures                     no activity in the docket since June                  proceeding.
                                                      related to the automatic closure of                     2011.3 Certain other long-standing                      4. The Secretary shall arrange for
                                                      inactive dockets. The primary purpose                   dockets, such as the ones noted above,                publication of this Order in the Federal
                                                      of the proposed rule is to simplify the                 remain open and are identified on the                 Register.
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                                                      docket closure process and reduce                       Commission’s Web site as active                         By the Commission.
                                                      uncertainty over the status of inactive                 dockets, despite years of inactivity. The             Shoshana M. Grove,
                                                      dockets. The Commission invites public
                                                                                                                                                                    Secretary.
                                                      comment on the proposal.                                  1 See 39 U.S.C. 503; see also Postal

                                                      DATES: Comments are due: June 8, 2015.                  Reorganization Act, Public Law 91–375, 84 Stat.       Concurring Opinion of Commissioner
                                                      ADDRESSES: Submit comments
                                                                                                              759 (1970), at section 3603.                          Goldway
                                                                                                                2 Docket No. PI2012–1, Order No. 2335, Order
                                                      electronically via the Commission’s                     Closing Docket, January 29, 2015.                        I believe due process and
                                                      Filing Online system at http://                           3 Docket No. PI2010–1, Order No. 2337, Order        transparency in public proceedings
                                                      www.prc.gov. Those who cannot submit                    Closing Proceeding, January 30, 2015, at 2.           obliges a notice to the public when a


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Document Created: 2018-02-21 10:24:45
Document Modified: 2018-02-21 10:24:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before June 8, 2015. Requests for public meetings must be received by the Coast Guard on or before May 15, 2015.
ContactIf you have questions on this rule, contact Mr. Mark Cutter, Coast Guard Sector Boston Waterways Management Division, telephone 617-223-4000, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366- 9826.
FR Citation80 FR 26514 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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