80 FR 30637 - Safety Zone, Fall River Grand Prix, Mt. Hope Bay and Taunton River, Fall River, MA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 103 (May 29, 2015)
Coast Guard
Federal Register Volume 80, Issue 103 (May 29, 2015)
| Page Range | 30637-30640 | |
| FR Document | 2015-12736 |
[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)] [Proposed Rules] [Pages 30637-30640] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12736] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0286] RIN 1625-AA00 Safety Zone, Fall River Grand Prix, Mt. Hope Bay and Taunton River, Fall River, MA AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish a temporary safety zone in the navigable waters of Mt. Hope Bay and the Taunton River in the vicinity of Fall River, MA, during the Fall River Grand Prix marine event from August 14-16, 2015. This safety zone is intended to safeguard mariners from the hazards associated with high-speed, high- performance motorboats competing in 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 Captain of the Port (COTP), Southeastern New England or the COTP's designated representative. DATES: Comments and related material must be received by the Coast Guard on or before June 29, 2015. Requests for public meetings must be received by the Coast Guard on or before June 19, 2015. ADDRESSES: You may submit comments identified by docket number USCG- 2015-0286 using any one of the following methods: (1) Federal e-Rulemaking 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 proposed rule, contact Mr. Edward G. LeBlanc, Waterways Management Division at Coast Guard Sector Southeastern New England, telephone 401-435-2351, 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 FR Federal Register NPRM Notice of Proposed Rulemaking 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. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG-2015-0286), 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 (via 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 via http://www.regulations.gov, 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. [[Page 30638]] To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG-2015-0286] 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-2015-0286) 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. Regulatory History and Information The Coast Guard has not promulgated a rule for past iterations of this event. 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. This rule is necessary to provide for the safety of life and navigation, for both participants and spectators involved with the Fall River Grand Prix in Mt. Hope Bay and the Taunton River in the vicinity of Fall River, MA. D. Discussion of Proposed Rule The initial Fall River Grand Prix is a three-day event where high- speed, high-performance motorboats participate in controlled races within a well-defined water area. The safety zone proposed in this NPRM will encompass the racing area and will include a buffer between the racing motorboats and spectator craft to provide a margin of safety. As these races are part of a national series of events, governed by a national racing and safety organization (the U.S. Offshore Powerboat Association), and operated by experienced high-speed motorboat crews and support teams, they are expected to generate local and regional media coverage, and attract spectators on a number of recreational and excursion vessels. The Coast Guard is establishing this safety zone, in conjunction with the Fall River Grand Prix, to ensure the protection of the maritime public and event participants from the hazards associated with high-speed, high-performance motorboat racing. The Coast Guard anticipates little concern with the proposed safety zone by mariners, as there is little major commercial vessel activity in Mt. Hope Bay and the Taunton River in the vicinity of Fall River, MA, and most recreational vessels are not restricted to the deep draft channel and can easily transit via alternate routes. Also, the safety zone will be enforced only during periods of actual racing, which will be limited to only a few hours on each of the three days of the event. Regardless, in the unlikely situation where a commercial or recreational vessel may still need to transit Mt. Hope Bay and the Taunton River in the vicinity of Fall River, MA, for any number of reasons including destination, familiarity with the waterway, tide restrictions, etc., these vessels may be able to continue transits through Mt. Hope Bay and the Taunton River, even during enforcement of the safety zone, as there will be sufficient room for most recreational vessels, and some commercial vessels, to pass to the west of the safety zone. Also, the Coast Guard routinely works with the local marine pilot organization and shipping agents to coordinate vessel transits during marine events, and will continue to do so for the entire event to avoid major interruptions to shipping schedules. The Coast Guard proposes to add a temporary safety zone under 33 CFR T165.0286. The safety zone will encompass the navigation channel from approximately Mt. Hope Bay buoy R10 southwest of Brayton Point channel, and will extend approximately two miles to the northeast up to and including Mt. Hope Bay buoy C17 north of the I-195/Braga Bridge. The safety zone will be enforced only during times of actual vessel racing. 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. Executive Order 12866 and Executive Order 13563 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, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the adverse economic impact of this proposed rule to be minimal. Although this regulation may have some adverse impact on the public, the potential impact will be minimized for the following reasons: The safety zone will be in effect for only a few hours each day for three consecutive days, and vessels will only be restricted from the zone in Mt. Hope Bay and the Taunton River in the vicinity of Fall River, MA during those limited periods when the races are actually ongoing; during periods when there is no actual racing (e.g., racing vessels are transiting from the pier to the racing site; downtime between races, etc.) vessels may be allowed to transit through the safety zone; there is an alternate route available for recreational vessels to the west of the safety zone that does not add substantial transit time and is already routinely used by mariners; many vessels, especially recreational vessels, may transit in all portions of the affected waterway except for those areas covered by the proposed [[Page 30639]] safety zone; and vessels may enter or pass through the affected waterway with the permission of the COTP or the COTP's representative. Notification of the Fall River Grand Prix and the associated safety zone will be made to mariners through the Rhode Island Port Safety Forum, local Notice to Mariners, event sponsors, and local media 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. This proposed rule would affect the following entities, some of which might be small entities: owners or operators of vessels intending to transit in Mt. Hope Bay and the Taunton River in the vicinity of Fall River, MA, during the Fall River Grand Prix marine event. 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 so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed under FOR FURTHER INFORMATION CONTACT. 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 would call for no 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 State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it 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 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 appears to be one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. A preliminary environmental analysis checklist supporting this determination is available in the docket where indicated under ADDRESSES. This proposed rule involves the establishment of a temporary safety zone in conjunction with the Fall River Grand Prix event, a high-speed, high-performance motorboat racing event. It appears that this action will qualify for Coast Guard Categorical Exclusion (34)(g), as described in figure 2-1 of the Commandant Instruction. 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: [[Page 30640]] 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.T0286 to read as follows: Sec. 165.T0286 Safety Zone for the Fall River Grand Prix, Mt. Hope Bay and Taunton River, Fall River, MA. (a) Location. The following area is a safety zone: Mt. Hope Bay and the Taunton River navigation channel from approximately Mt. Hope Bay buoy R10 southwest of Brayton Point channel, and extending approximately two miles to the northeast up to and including Mt. Hope Bay buoy C17 north of the Braga Bridge. The safety zone is encompassed by the following coordinates: ------------------------------------------------------------------------ Corner Latitude Longitude ------------------------------------------------------------------------ SW...................................... 41[deg]41.40' 71[deg]11.15' N. W. NW...................................... 41[deg]41.48' 71[deg]11.15' N. W. SE...................................... 41[deg]42.33' 71[deg]09.40' N. W. NE...................................... 41[deg]42.42' 71[deg]09.47' N. W. ------------------------------------------------------------------------ (b) Enforcement Period. Vessels will be prohibited from entering this safety zone, when enforced, during the Fall River Grand Prix marine event between 9 a.m. and 5 p.m. from Friday, August 14, 2015 to Sunday, August 16, 2015. (c) Definitions. The following definitions apply to this section: (1) Designated Representative. A ``designated representative'' is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port, Sector Southeastern New England (COTP), to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF-FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. (2) Official Patrol Vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP. (3) Patrol Commander. The Coast Guard may patrol each safety zone under the direction of a designated Coast Guard Patrol Commander. The Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM.'' (4) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels. (d) Regulations. (1) The general regulations contained in 33 CFR 165.23 as well as the following regulations apply to the safety zone established in conjunction with the Fall River Grand Prix, Taunton River, vicinity of Fall River, MA. These regulations may be enforced for the duration of the event. (2) No later than 8 a.m. each day of the event, the Coast Guard will announce via Safety Marine Information Broadcasts and local media the times and duration of each race scheduled for that day, and the precise area(s) of the safety zone that will be enforced. (3) Vessels may not transit through or within the safety zone during periods of enforcement without Patrol Commander approval. Vessels permitted to transit must operate at a no-wake speed, in a manner which will not endanger participants or other crafts in the event. (4) Spectators or other vessels shall not anchor, block, loiter, or impede the movement of event participants or official patrol vessels in the safety zone unless authorized by an official patrol vessel. (5) The Patrol Commander may control the movement of all vessels in the safety zone. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the lawful directions issued. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both. (6) The Patrol Commander may delay or terminate the Fall River Grand Prix at any time to ensure safety. Such action may be justified as a result of weather, traffic density, spectator operation or participant behavior. Dated: May 8, 2015. J.T. Kondratowicz, Captain, U.S. Coast Guard, Captain of the Port Southeastern New England. [FR Doc. 2015-12736 Filed 5-28-15; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Proposed Rules 30637
(1) Be legible and appear in a agent pursuant to § 555.11 are subject to Monday through Friday, except federal
minimum 12 point size of type (.17 the table of distances for storage of holidays. The telephone number is 202–
inches); explosive materials in § 555.218 and to 366–9329.
(2) Be on 81⁄2″ x 11″ paper; the table of separation distances of See the ‘‘Public Participation and
(3) Contain a legible, written ammonium nitrate and blasting agents Request for Comments’’ portion of the
signature; and from explosives or blasting agents in SUPPLEMENTARY INFORMATION section
(4) Be no more than five pages long. § 555.220. below for further instructions on
ATF will not accept faxed comments * * * * * submitting comments. To avoid
that exceed five pages. duplication, please use only one of
• Federal eRulemaking Portal: To Dated: May 21, 2015.
these three methods.
submit comments to ATF via the Loretta E. Lynch,
FOR FURTHER INFORMATION CONTACT: If
Federal eRulemaking portal, visit Attorney General.
you have questions on this proposed
http://www.regulations.gov, and follow [FR Doc. 2015–12990 Filed 5–28–15; 8:45 am]
rule, contact Mr. Edward G. LeBlanc,
the instructions for submitting BILLING CODE 4410–FY–P
Waterways Management Division at
comments. Coast Guard Sector Southeastern New
Disclosure England, telephone 401–435–2351,
DEPARTMENT OF HOMELAND email Edward.G.LeBlanc@uscg.mil. If
Copies of the petition, this notice, and SECURITY
the comments received will be available you have questions on viewing or
for public inspection by appointment submitting material to the docket, call
Coast Guard
during normal business hours at: ATF Cheryl Collins, Program Manager,
Reading Room, Room 1E–063, 99 New Docket Operations, telephone 202–366–
33 CFR Part 165
York Avenue NE., Washington, DC 9826.
[Docket No. USCG–2015–0286] SUPPLEMENTARY INFORMATION:
20226; telephone: (202) 648–7080.
RIN 1625–AA00
Drafting Information Table of Acronyms
The author of this document is Denise Safety Zone, Fall River Grand Prix, Mt. DHS Department of Homeland Security
Brown, Enforcement Programs and Hope Bay and Taunton River, Fall FR Federal Register
Services, Bureau of Alcohol, Tobacco, River, MA NPRM Notice of Proposed Rulemaking
Firearms, and Explosives. AGENCY: Coast Guard, DHS. A. Public Participation and Request for
List of Subjects in 27 CFR Part 555 ACTION: Notice of proposed rulemaking.
Comments
Administrative practice and We encourage you to participate in
SUMMARY: The Coast Guard proposes to this rulemaking by submitting
procedure, Authority delegations, establish a temporary safety zone in the
Customs duties and inspection, comments and related materials. All
navigable waters of Mt. Hope Bay and comments received will be posted
Explosives, Hazardous materials, the Taunton River in the vicinity of Fall
Imports, Penalties, Reporting and without change to http://
River, MA, during the Fall River Grand www.regulations.gov and will include
recordkeeping requirements, Safety, Prix marine event from August 14–16,
Security measures, Seizures and any personal information you have
2015. This safety zone is intended to provided.
forfeitures, Transportation, and safeguard mariners from the hazards
Warehouses. associated with high-speed, high- 1. Submitting Comments
Authority and Issuance performance motorboats competing in If you submit a comment, please
Accordingly, for the reasons the event. Vessels will be prohibited include the docket number for this
discussed in the preamble, 27 CFR part from entering into, transiting through, rulemaking (USCG–2015–0286),
555 is proposed to be amended as mooring, or anchoring within this safety indicate the specific section of this
follows: zone during periods of enforcement document to which each comment
unless authorized by the Captain of the applies, and provide a reason for each
PART 555—COMMERCE IN Port (COTP), Southeastern New England suggestion or recommendation. You
EXPLOSIVES or the COTP’s designated representative. may submit your comments and
DATES: Comments and related material material online (via http://
■ 1. The authority citation for 27 CFR must be received by the Coast Guard on www.regulations.gov) or by fax, mail, or
part 555 continues to read as follows: or before June 29, 2015. Requests for hand delivery, but please use only one
Authority: 18 U.S.C. 847. public meetings must be received by the of these means. If you submit a
Coast Guard on or before June 19, 2015. comment online via http://
■ 2. In § 555.220, revise paragraph (3) in
the notes following the table, to read as ADDRESSES: You may submit comments www.regulations.gov, it will be
follows: identified by docket number USCG– considered received by the Coast Guard
2015–0286 using any one of the when you successfully transmit the
§ 555.220 Table of separation distances of following methods: comment. If you fax, hand deliver, or
ammonium nitrate and blasting agents from (1) Federal e-Rulemaking Portal: mail your comment, it will be
explosives or blasting agents. http://www.regulations.gov. considered as having been received by
Lhorne on DSK2VPTVN1PROD with PROPOSALS
* * * * * (2) Fax: 202–493–2251. the Coast Guard when it is received at
(3) These distances apply to all (3) Mail or Delivery: Docket the Docket Management Facility. We
ammonium nitrate with respect to their Management Facility (M–30), U.S. recommend that you include your name
separation from stores of high Department of Transportation, West and a mailing address, an email address,
explosives and blasting agents. Building Ground Floor, Room W12–140, or a telephone number in the body of
Ammonium nitrate explosive mixtures 1200 New Jersey Avenue SE., your document so that we can contact
that are high explosives pursuant to Washington, DC 20590–0001. Deliveries you if we have questions regarding your
§ 555.202(a) or are defined as a blasting accepted between 9 a.m. and 5 p.m., submission.
VerDate Sep<11>2014 14:18 May 28, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\29MYP1.SGM 29MYP1](https://thefederalregister.org/doc/80_FR_30740/page/1.svg)
![30638 Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Proposed Rules
To submit your comment online, go to C. Basis and Purpose some commercial vessels, to pass to the
http://www.regulations.gov, type the The legal basis for the proposed rule west of the safety zone. Also, the Coast
docket number [USCG–2015–0286] in is 33 U.S.C., 1231; 50 U.S.C. 191, 33 Guard routinely works with the local
the ‘‘SEARCH’’ box and click CFR 1.05–1, 6.04–1, 6.04–6, and 160.5 marine pilot organization and shipping
‘‘SEARCH.’’ Click on ‘‘Submit a Department of Homeland Security agents to coordinate vessel transits
Comment’’ on the line associated with Delegation No. 0170.1, which during marine events, and will continue
this rulemaking. collectively authorize the Coast Guard to do so for the entire event to avoid
major interruptions to shipping
If you submit your comments by mail to establish regulatory safety zones.
This rule is necessary to provide for schedules.
or hand delivery, submit them in an The Coast Guard proposes to add a
unbound format, no larger than 81⁄2 by the safety of life and navigation, for both
temporary safety zone under 33 CFR
11 inches, suitable for copying and participants and spectators involved
T165.0286. The safety zone will
electronic filing. If you submit with the Fall River Grand Prix in Mt. encompass the navigation channel from
comments by mail and would like to Hope Bay and the Taunton River in the approximately Mt. Hope Bay buoy R10
know that they reached the Facility, vicinity of Fall River, MA. southwest of Brayton Point channel, and
please enclose a stamped, self-addressed D. Discussion of Proposed Rule will extend approximately two miles to
postcard or envelope. We will consider the northeast up to and including Mt.
all comments and material received The initial Fall River Grand Prix is a
Hope Bay buoy C17 north of the I–195/
during the comment period and may three-day event where high-speed, high-
Braga Bridge. The safety zone will be
change the rule based on your performance motorboats participate in
enforced only during times of actual
comments. controlled races within a well-defined
vessel racing.
water area. The safety zone proposed in
2. Viewing Comments and Documents this NPRM will encompass the racing E. Regulatory Analyses
area and will include a buffer between We developed this proposed rule after
To view comments, as well as the racing motorboats and spectator considering numerous statutes and
documents mentioned in this preamble craft to provide a margin of safety. As executive orders related to rulemaking.
as being available in the docket, go to these races are part of a national series Below we summarize our analyses
http://www.regulations.gov, type the of events, governed by a national racing based on these statutes or executive
docket number (USCG–2015–0286) in and safety organization (the U.S. orders.
the ‘‘SEARCH’’ box and click Offshore Powerboat Association), and
‘‘SEARCH.’’ Click on Open Docket operated by experienced high-speed 1. Executive Order 12866 and Executive
Folder on the line associated with this motorboat crews and support teams, Order 13563
rulemaking. You may also visit the they are expected to generate local and This proposed rule is not a significant
Docket Management Facility in Room regional media coverage, and attract regulatory action under section 3(f) of
W12–140 on the ground floor of the spectators on a number of recreational Executive Order 12866, Regulatory
Department of Transportation West and excursion vessels. Planning and Review, as supplemented
Building, 1200 New Jersey Avenue SE., The Coast Guard is establishing this by Executive Order 13563, and does not
Washington, DC 20590, between 9 a.m. safety zone, in conjunction with the Fall require an assessment of potential costs
and 5 p.m., Monday through Friday, River Grand Prix, to ensure the and benefits under section 6(a)(3) of that
except Federal holidays. protection of the maritime public and Order. The Office of Management and
event participants from the hazards Budget has not reviewed it under that
3. Privacy Act
associated with high-speed, high- Order.
Anyone can search the electronic performance motorboat racing. The We expect the adverse economic
form of comments received into any of Coast Guard anticipates little concern impact of this proposed rule to be
our dockets by the name of the with the proposed safety zone by minimal. Although this regulation may
individual submitting the comment (or mariners, as there is little major have some adverse impact on the
signing the comment, if submitted on commercial vessel activity in Mt. Hope public, the potential impact will be
behalf of an association, business, labor Bay and the Taunton River in the minimized for the following reasons:
union, etc.). You may review a Privacy vicinity of Fall River, MA, and most The safety zone will be in effect for only
Act notice regarding our public dockets recreational vessels are not restricted to a few hours each day for three
in the January 17, 2008, issue of the the deep draft channel and can easily consecutive days, and vessels will only
Federal Register (73 FR 3316). transit via alternate routes. Also, the be restricted from the zone in Mt. Hope
safety zone will be enforced only during Bay and the Taunton River in the
4. Public Meeting periods of actual racing, which will be vicinity of Fall River, MA during those
limited to only a few hours on each of limited periods when the races are
We do not now plan to hold a public the three days of the event. actually ongoing; during periods when
meeting. But you may submit a request Regardless, in the unlikely situation there is no actual racing (e.g., racing
for one, using one of the methods where a commercial or recreational vessels are transiting from the pier to
specified under ADDRESSES. Please vessel may still need to transit Mt. Hope the racing site; downtime between races,
explain why you believe a public Bay and the Taunton River in the etc.) vessels may be allowed to transit
meeting would be beneficial. If we vicinity of Fall River, MA, for any through the safety zone; there is an
determine that one would aid this
Lhorne on DSK2VPTVN1PROD with PROPOSALS
number of reasons including alternate route available for recreational
rulemaking, we will hold one at a time destination, familiarity with the vessels to the west of the safety zone
and place announced by a later notice waterway, tide restrictions, etc., these that does not add substantial transit
in the Federal Register. vessels may be able to continue transits time and is already routinely used by
B. Regulatory History and Information through Mt. Hope Bay and the Taunton mariners; many vessels, especially
River, even during enforcement of the recreational vessels, may transit in all
The Coast Guard has not promulgated safety zone, as there will be sufficient portions of the affected waterway except
a rule for past iterations of this event. room for most recreational vessels, and for those areas covered by the proposed
VerDate Sep<11>2014 14:18 May 28, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\29MYP1.SGM 29MYP1](https://thefederalregister.org/doc/80_FR_30740/page/2.svg)
![30640 Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Proposed Rules
PART 165—REGULATED NAVIGATION (d) Regulations. (1) The general for a tolerance for residues of banda de
AREAS AND LIMITED ACCESS AREAS regulations contained in 33 CFR 165.23 Lupinus albus doce (BLAD) in or on all
as well as the following regulations food commodities. In its place, EPA
■ 1. The authority citation for Part 165 apply to the safety zone established in proposes to establish a tolerance
continues to read as follows: conjunction with the Fall River Grand limiting residues of BLAD to 0.005 parts
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Prix, Taunton River, vicinity of Fall per million (ppm) in or on almonds,
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; River, MA. These regulations may be grapes, strawberries and tomatoes. The
Department of Homeland Security Delegation enforced for the duration of the event. Agency is undertaking this action under
No. 0170.1. (2) No later than 8 a.m. each day of the Federal Food, Drug, and Cosmetic
■ 2. Add a new § 165.T0286 to read as the event, the Coast Guard will Act (FFDCA).
follows: announce via Safety Marine Information DATES: Comments must be received on
Broadcasts and local media the times or before July 28, 2015.
§ 165.T0286 Safety Zone for the Fall River
and duration of each race scheduled for
Grand Prix, Mt. Hope Bay and Taunton ADDRESSES: Submit your comments,
River, Fall River, MA. that day, and the precise area(s) of the
identified by docket identification (ID)
safety zone that will be enforced.
(a) Location. The following area is a number EPA–HQ–OPP–2015–0230, by
(3) Vessels may not transit through or
safety zone: Mt. Hope Bay and the one of the following methods:
within the safety zone during periods of
Taunton River navigation channel from • Federal eRulemaking Portal: http://
enforcement without Patrol Commander
approximately Mt. Hope Bay buoy R10 www.regulations.gov. Follow the online
approval. Vessels permitted to transit
southwest of Brayton Point channel, and instructions for submitting comments.
must operate at a no-wake speed, in a
extending approximately two miles to Do not submit electronically any
manner which will not endanger
the northeast up to and including Mt. information you consider to be
participants or other crafts in the event.
Hope Bay buoy C17 north of the Braga (4) Spectators or other vessels shall Confidential Business Information (CBI)
Bridge. The safety zone is encompassed not anchor, block, loiter, or impede the or other information whose disclosure is
by the following coordinates: movement of event participants or restricted by statute.
official patrol vessels in the safety zone • Mail: OPP Docket, Environmental
Corner Latitude Longitude Protection Agency Docket Center (EPA/
unless authorized by an official patrol
vessel. DC), (28221T), 1200 Pennsylvania Ave.
SW ............ 41°41.40′ N. 71°11.15′ W. NW., Washington, DC 20460–0001.
NW ............ 41°41.48′ N. 71°11.15′ W. (5) The Patrol Commander may
SE ............. 41°42.33′ N. 71°09.40′ W. control the movement of all vessels in • Hand Delivery: To make special
NE ............. 41°42.42′ N. 71°09.47′ W. the safety zone. When hailed or signaled arrangements for hand delivery or
by an official patrol vessel, a vessel shall delivery of boxed information, please
(b) Enforcement Period. Vessels will come to an immediate stop and comply follow the instructions at http://
be prohibited from entering this safety with the lawful directions issued. www.epa.gov/dockets/contacts.html.
zone, when enforced, during the Fall Failure to comply with a lawful Additional instructions on
River Grand Prix marine event between direction may result in expulsion from commenting or visiting the docket,
9 a.m. and 5 p.m. from Friday, August the area, citation for failure to comply, along with more information about
14, 2015 to Sunday, August 16, 2015. or both. dockets generally, is available at
(c) Definitions. The following (6) The Patrol Commander may delay http://www.epa.gov/dockets.
definitions apply to this section: or terminate the Fall River Grand Prix FOR FURTHER INFORMATION CONTACT:
(1) Designated Representative. A at any time to ensure safety. Such action Robert McNally, Director, Biopesticides
‘‘designated representative’’ is any Coast may be justified as a result of weather, and Pollution Prevention Division
Guard commissioned, warrant or petty traffic density, spectator operation or (7511P), Office of Pesticide Programs,
officer of the U.S. Coast Guard who has participant behavior. Environmental Protection Agency, 1200
been designated by the Captain of the Pennsylvania Ave. NW., Washington,
Dated: May 8, 2015.
Port, Sector Southeastern New England DC 20460–0001; main telephone
(COTP), to act on his or her behalf. The J.T. Kondratowicz,
number: (703) 305–7090; email address:
designated representative may be on an Captain, U.S. Coast Guard, Captain of the
BPPDFRNotices@epa.gov.
official patrol vessel or may be on shore Port Southeastern New England.
SUPPLEMENTARY INFORMATION:
and will communicate with vessels via [FR Doc. 2015–12736 Filed 5–28–15; 8:45 am]
VHF–FM radio or loudhailer. In BILLING CODE 9110–04–P I. General Information
addition, members of the Coast Guard A. Does this action apply to me?
Auxiliary may be present to inform
vessel operators of this regulation. ENVIRONMENTAL PROTECTION You may be potentially affected by
(2) Official Patrol Vessels. Official AGENCY this action if you are an agricultural
patrol vessels may consist of any Coast producer, food manufacturer, or
Guard, Coast Guard Auxiliary, state, or 40 CFR Part 180 pesticide manufacturer. The following
local law enforcement vessels assigned [EPA–HQ–OPP–2015–0230; FRL–9927–02]
list of North American Industrial
or approved by the COTP. Classification System (NAICS) codes is
(3) Patrol Commander. The Coast RIN 2070–ZA16 not intended to be exhaustive, but rather
Guard may patrol each safety zone provides a guide to help readers
Banda de Lupinus albus doce BLAD;
Lhorne on DSK2VPTVN1PROD with PROPOSALS
under the direction of a designated determine whether this document
Coast Guard Patrol Commander. The Proposed Pesticide Tolerance applies to them. Potentially affected
Patrol Commander may be contacted on AGENCY: Environmental Protection entities may include:
Channel 16 VHF–FM (156.8 MHz) by Agency (EPA). • Crop production (NAICS code 111).
the call sign ‘‘PATCOM.’’ ACTION: Proposed rule. • Animal production (NAICS code
(4) Spectators. All persons and vessels 112).
not registered with the event sponsor as SUMMARY: EPA proposes to revoke the • Food manufacturing (NAICS code
participants or official patrol vessels. current exemption from the requirement 311).
VerDate Sep<11>2014 14:18 May 28, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\29MYP1.SGM 29MYP1](https://thefederalregister.org/doc/80_FR_30740/page/4.svg)
Document Created: 2015-12-15 15:31:26
Document Modified: 2015-12-15 15:31:26
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before June 29, 2015. Requests for public meetings must be received by the Coast Guard on or before June 19, 2015. | |
| Contact | If you have questions on this proposed rule, contact Mr. Edward G. LeBlanc, Waterways Management Division at Coast Guard Sector Southeastern New England, telephone 401-435-2351, 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 Citation | 80 FR 30637 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR