80_FR_40090 80 FR 39957 - Safety Zones; Misery Challenge, Manchester Bay, Manchester, MA

80 FR 39957 - Safety Zones; Misery Challenge, Manchester Bay, Manchester, MA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 133 (July 13, 2015)

Page Range39957-39959
FR Document2015-17108

The Coast Guard is establishing 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 will 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 133 (Monday, July 13, 2015)
[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Rules and Regulations]
[Pages 39957-39959]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17108]


=======================================================================
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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: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing 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 will 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: This temporary final rule is effective from 7:30 a.m. on August 
1, 2015 to 11:30 a.m. on August 1, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-

[[Page 39958]]

2015-0188]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

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 Ms. 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. Regulatory History and Information

    On May 8, 2015 we published a notice of proposed rulemaking (NPRM) 
entitled Safety Zones; Misery Challenge, Manchester Bay, Manchester, MA 
in the Federal Register (80 FR 26514). We received no comments on the 
proposed rule. No public meeting was requested, and none was held.

B. 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.

C. Discussion of Comments, Changes and the Temporary Final Rule

    The Coast Guard provided a comment period of 30 days and no 
comments were received. There are no changes to the regulatory text.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This 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 received no comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.
    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 rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

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

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 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

[[Page 39959]]

State, local, or tribal government, in the aggregate, or by the private 
sector of $100,000,000 (adjusted for inflation) or more in any one 
year. Though this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

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

14. Environment

    We have analyzed this 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 
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 is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A written 
environmental analysis (EA) checklist and categorical exclusion 
determination (CED) are 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 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 amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 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 one hundred (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), Coast Guard 
Sector Boston or the COTP's representative. However, any vessel that is 
granted permission by the COTP or the COTP's representative 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 
representative. Upon being hailed by a U.S. Coast Guard vessel by 
siren, radio, flashing lights, or other means, the operator of a vessel 
within the zone shall proceed as directed. Any person or vessel within 
the safety zone shall exit the
    (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: June 25, 2015.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2015-17108 Filed 7-10-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations                                                             39957

                                                  missile systems and subsystems), and                                                        Country Chart (see                                      Country Chart (see
                                                  9A111 to 9A119 is ‘‘subject to the ITAR.’’                     Control(s)                   Supp. No. 1 to part                 Control(s)          Supp. No. 1 to part
                                              *        *    *       *       *                                                                       738).                                                    738)

                                                                                                        NS applies to ‘‘tech-               NS Column 1                   NS applies to entire      NS Column 1
                                              ■ 14. In Supplement No. 1 to Part 774,                     nology’’ for items                                                 entry except
                                              Category 9—Aerospace and Propulsion,                       controlled by                                                      9E515.y.
                                              Export Control Classification Number                       9A001.b, 9A004,                                                  MT applies to tech-       MT Column 1
                                              (ECCN) 9D515 is amended:                                   9A012, 9B001 to                                                    nology for items in
                                              ■ a. By revising the License                               9B010, 9D001 to                                                    9A515.d and
                                              Requirements table;                                        9D004 for NS rea-                                                  9A515.e.2 con-
                                                                                                         sons.                                                              trolled for MT rea-
                                              ■ b. By adding and reserving items                                                                                            sons.
                                              paragraphs f. through x. in the Items                          *           *              *               *           *     RS applies to entire      RS Column 1
                                              section; and                                                                                                                  entry except
                                                                                                        *        *       *       *           *                              9E515.y.
                                              ■ c. By adding paragraph y. in the Items
                                                                                                        List of Items Controlled                                          AT applies to entire      AT Column 1
                                              section to read as follows:                                                                                                   entry.
                                                                                                        Related Controls: * * * * * (2)
                                              9D515 ‘‘Software’’ ‘‘specially designed’’ for               ‘‘Technology’’ required for the                                 *       *     *      *     *
                                                 the ‘‘development,’’ ‘‘production,’’                     ‘‘development’’ of equipment described in                          f. through x. [RESERVED]
                                                 operation, installation, maintenance,                    ECCNs 9A005 to 9A011 or ‘‘software’’                               y. Specific ‘‘technology’’ ‘‘required’’ for the
                                                 repair, overhaul, or refurbishing of                     described in ECCNs 9D103 and 9D105 is                           ‘‘production,’’ ‘‘development,’’ operation,
                                                 ‘‘spacecraft’’ and related commodities, as               ‘‘subject to the ITAR.’’                                        installation, maintenance, repair, overhaul,
                                                 follows (see List of Items Controlled)                                                                                   or refurbishing of commodities or software
                                                                                                        *        *       *       *           *
                                              License Requirements                                                                                                        enumerated in ECCN 9A515.y or 9D515.y.
                                                                                                        ■ 16. In Supplement No. 1 to Part 774,                              Dated: July 2, 2015.
                                              *        *    *       *       *
                                                                                                        Category 9—Aerospace and Propulsion,                              Kevin J. Wolf,
                                                                            Country Chart (see          Export Control Classification Number                              Assistant Secretary of Commerce for Export
                                                     Control(s)             Supp. No. 1 to part         (ECCN) 9E002 is amended:                                          Administration.
                                                                                  738).                 ■ a. By revising the heading; and                                 [FR Doc. 2015–16904 Filed 7–10–15; 8:45 am]
                                              NS applies to entire        NS Column 1                   ■ b. By revising Related Controls                                 BILLING CODE 3510–33–P
                                                entry except                                            paragraph (3) in the List of Items
                                                9D515.y.                                                Controlled section to read as follows:
                                              RS applies to entire        RS Column 1                                                                                     DEPARTMENT OF HOMELAND
                                                entry except                                            9E002 ‘‘Technology’’ according to the
                                                                                                             General Technology Note for the                              SECURITY
                                                9D515.y.
                                              AT applies to entire        AT Column 1                        ‘‘production’’ of ‘‘equipment’’
                                                                                                                                                                          Coast Guard
                                                entry.                                                       controlled by ECCN 9A001.b,
                                                                                                             9A004 or 9B (except for ECCNs
                                              *        *    *       *       *                                                                                             33 CFR Part 165
                                                                                                             9B117, 9B604, 9B610, 9B619,
                                              List of Items Controlled                                       9B990, and 9B991).                                           [Docket Number USCG–2015–0188]
                                              *        *    *       *       *                           *      *    *     *      *                                        RIN 1625–AA00
                                              Items:
                                                                                                        List of Items Controlled                                          Safety Zones; Misery Challenge,
                                              *        *    *       *       *
                                                f. through x. [RESERVED]                                Related Controls: * * * * * (3)                                   Manchester Bay, Manchester, MA
                                                y. Specific ‘‘software’’ ‘‘specially designed’’           ‘‘Technology’’ that is required for the
                                              for the ‘‘development,’’ ‘‘production,’’                    ‘‘production’’ of equipment described in                        AGENCY:      Coast Guard, DHS.
                                              operation, or maintenance of commodities                    ECCNs 9A005 to 9A011 is ‘‘subject to the                        ACTION:     Temporary final rule.
                                              enumerated in ECCN 9A515.y.                                 ITAR.’’
                                                                                                                                                                          SUMMARY:    The Coast Guard is
                                                                                                        *        *       *       *           *
                                              ■ 15. In Supplement No. 1 to Part 774,                                                                                      establishing a temporary safety zone in
                                              Category 9—Aerospace and Propulsion,                      ■  17. In Supplement No. 1 to Part 774,                           Manchester Bay to be enforced during
                                              Export Control Classification Number                      Category 9—Aerospace and Propulsion,                              the Misery Challenge marine event,
                                              (ECCN) 9E001 is amended:                                  Export Control Classification Number                              which will involve swimmers, kayakers,
                                                                                                        (ECCN) 9E515 is amended:                                          and stand-up paddlers. This safety zone
                                              ■ a. By revising the heading;
                                                                                                        ■ a. By revising the License                                      will ensure the protection of the event
                                              ■ b. By revising the first entry in the                                                                                     participants, support vessels, and
                                                                                                        Requirements table;
                                              License Requirements table;                                                                                                 maritime public from the hazards
                                                                                                        ■ b. By adding and reserving paragraphs
                                              ■ c. By revising Related Controls                                                                                           associated with the event. Vessels will
                                                                                                        f. through x. in the Items section; and                           be prohibited from entering into,
                                              paragraph (2) in the List of Items
                                              Controlled section to read as follows:                    ■ c. By adding paragraph y. in the items                          transiting through, mooring, or
                                                                                                        paragraph in the Items section to read as                         anchoring within this safety zone during
                                              9E001 ‘‘Technology’’ according to the
                                                 General Technology Note for the
                                                                                                        follows:                                                          periods of enforcement unless
                                                 ‘‘development’’ of equipment or                        9E515 ‘‘Technology’’ ‘‘required’’ for the                         authorized by the Coast Guard Sector
srobinson on DSK5SPTVN1PROD with RULES




                                                 ‘‘software’’, controlled by 9A001.b,                      ‘‘development,’’ ‘‘production,’’                               Boston Captain of the Port (COTP) or the
                                                 9A004, 9A012, 9B (except for ECCNs                        operation, installation, repair, overhaul,                     COTP’s designated representative.
                                                 9B604, 9B610, 9B619, 9B990 and 9B991),                    or refurbishing of ‘‘spacecraft’’ and                          DATES: This temporary final rule is
                                                 or ECCN 9D001 to 9D004, 9D101, or                         related commodities, as follows (see List                      effective from 7:30 a.m. on August 1,
                                                 9D104.                                                    of Items Controlled).
                                                                                                                                                                          2015 to 11:30 a.m. on August 1, 2015.
                                              License Requirements                                      License Requirements                                              ADDRESSES: Documents mentioned in
                                              *        *    *       *       *                           *        *       *       *           *                            this preamble are part of docket [USCG–


                                         VerDate Sep<11>2014    17:02 Jul 10, 2015   Jkt 235001   PO 00000   Frm 00017       Fmt 4700       Sfmt 4700       E:\FR\FM\13JYR1.SGM   13JYR1


                                              39958               Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations

                                              2015–0188]. To view documents                            executive orders related to rulemaking.               3. Assistance for Small Entities
                                              mentioned in this preamble as being                      Below we summarize our analyses                          Under section 213(a) of the Small
                                              available in the docket, go to http://                   based on these statutes and executive                 Business Regulatory Enforcement
                                              www.regulations.gov, type the docket                     orders.                                               Fairness Act of 1996 (Pub. L. 104–121),
                                              number in the ‘‘SEARCH’’ box and click                   1. Regulatory Planning and Review                     we want to assist small entities in
                                              ‘‘SEARCH.’’ Click on Open Docket                                                                               understanding this rule. If the rule
                                              Folder on the line associated with this                     This rule is not a significant
                                                                                                                                                             would affect your small business,
                                              rulemaking. You may also visit the                       regulatory action under section 3(f) of
                                                                                                                                                             organization, or governmental
                                              Docket Management Facility in Room                       Executive Order 12866, Regulatory
                                                                                                                                                             jurisdiction and you have questions
                                              W12–140 on the ground floor of the                       Planning and Review, as supplemented
                                                                                                                                                             concerning its provisions or options for
                                              Department of Transportation West                        by Executive Order 13563, Improving
                                                                                                                                                             compliance, please contact the person
                                              Building, 1200 New Jersey Avenue SE.,                    Regulation and Regulatory Review, and
                                                                                                                                                             listed in the FOR FURTHER INFORMATION
                                              Washington, DC 20590, between 9 a.m.                     does not require an assessment of
                                                                                                                                                             CONTACT, above.
                                              and 5 p.m., Monday through Friday,                       potential costs and benefits under                       Small businesses may send comments
                                              except Federal holidays.                                 section 6(a)(3) of Executive Order 12866              on the actions of Federal employees
                                                                                                       or under section 1 of Executive Order                 who enforce, or otherwise determine
                                              FOR FURTHER INFORMATION CONTACT: If
                                                                                                       13563. The Office of Management and                   compliance with, Federal regulations to
                                              you have questions on this rule, contact
                                                                                                       Budget has not reviewed it under those                the Small Business and Agriculture
                                              Mr. Mark Cutter, Coast Guard Sector
                                                                                                       Orders.                                               Regulatory Enforcement Ombudsman
                                              Boston Waterways Management                                 We expect the economic impact of
                                              Division, telephone (617) 223–4000,                                                                            and the Regional Small Business
                                                                                                       this rule to be minimal. This regulation
                                              email Mark.E.Cutter@uscg.mil. If you                                                                           Regulatory Fairness Boards. The
                                                                                                       may have some impact on the public,
                                              have questions on viewing or submitting                                                                        Ombudsman evaluates these actions
                                                                                                       but that potential impact will likely be
                                              material to the docket, call Ms. Cheryl                                                                        annually and rates each agency’s
                                                                                                       minimal for several reasons. First, this
                                              Collins, Program Manager, Docket                                                                               responsiveness to small business. If you
                                                                                                       safety zone will be in effect for only 4
                                              Operations, telephone (202) 366–9826.                                                                          wish to comment on actions by
                                                                                                       hours in the morning when vessel traffic
                                              SUPPLEMENTARY INFORMATION:                                                                                     employees of the Coast Guard, call 1–
                                                                                                       is expected to be light. Second, vessels              888–REG–FAIR (1–888–734–3247). The
                                              Table of Acronyms                                        may enter or pass through the safety                  Coast Guard will not retaliate against
                                                                                                       zone during an enforcement period with                small entities that question or complain
                                              DHS Department of Homeland Security                      the permission of the COTP or the
                                              CFR Code of Federal Regulation                                                                                 about this rule or any policy or action
                                              FR Federal Register
                                                                                                       designated representative. Finally, the               of the Coast Guard.
                                              NPRM Notice of Proposed Rulemaking                       Coast Guard will provide notification to
                                              NAD 83 North American Datum of 1983                      the public through Broadcast Notice to                4. Collection of Information
                                                                                                       Mariners well in advance of the event.                   This rule will not call for a new
                                              A. Regulatory History and Information
                                                                                                       2. Impact on Small Entities                           collection of information under the
                                                On May 8, 2015 we published a notice                                                                         Paperwork Reduction Act of 1995 (44
                                              of proposed rulemaking (NPRM)                               The Regulatory Flexibility Act of 1980             U.S.C. 3501–3520).
                                              entitled Safety Zones; Misery Challenge,                 (RFA), 5 U.S.C. 601–612, as amended,
                                              Manchester Bay, Manchester, MA in the                    requires federal agencies to consider the             5. Federalism
                                              Federal Register (80 FR 26514). We                       potential impact of regulations on small                 A rule has implications for federalism
                                              received no comments on the proposed                     entities during rulemaking. The term                  under Executive Order 13132,
                                              rule. No public meeting was requested,                   ‘‘small entities’’ comprises small                    Federalism, if it has a substantial direct
                                              and none was held.                                       businesses, not-for-profit organizations              effect on the States, on the relationship
                                                                                                       that are independently owned and                      between the national government and
                                              B. Basis and Purpose                                     operated and are not dominant in their                the States, or on the distribution of
                                                 The legal basis for the proposed rule                 fields, and governmental jurisdictions                power and responsibilities among the
                                              is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR                 with populations of less than 50,000.                 various levels of government. We have
                                              1.05–1, 6.04–1, 6.04–6, and 160.5;                       The Coast Guard received no comments                  analyzed this rule under that Order and
                                              Department of Homeland Security                          from the Small Business Administration                determined that this rule does not have
                                              Delegation No. 0170.1, which                             on this rule. The Coast Guard certifies               implications for federalism.
                                              collectively authorize the Coast Guard                   under 5 U.S.C. 605(b) that this rule will
                                              to establish regulatory safety zones.                    not have a significant economic impact                6. Protest Activities
                                                 By establishing a temporary safety                    on a substantial number of small                         The Coast Guard respects the First
                                              zone, the Coast Guard will ensure the                    entities.                                             Amendment rights of protesters.
                                              protection of the event participants,                       For all of the reasons discussed in the            Protesters are asked to contact the
                                              support vessels, and maritime public                     Regulatory Planning and Review                        person listed in the FOR FURTHER
                                              from the hazards associated with the                     section, the Coast Guard certifies under              INFORMATION CONTACT section to
                                              event.                                                   5 U.S.C. 605(b) that this rule would not              coordinate protest activities so that your
                                                                                                       have a significant economic impact on                 message can be received without
                                              C. Discussion of Comments, Changes                       a substantial number of small entities.               jeopardizing the safety or security of
                                              and the Temporary Final Rule                                If you think that your business,                   people, places or vessels.
                                                The Coast Guard provided a comment                     organization, or governmental
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                                                                                                       jurisdiction qualifies as a small entity              7. Unfunded Mandates Reform Act
                                              period of 30 days and no comments
                                              were received. There are no changes to                   and that this rule would have a                          The Unfunded Mandates Reform Act
                                              the regulatory text.                                     significant economic impact on it,                    of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                       please submit a comment (see                          Federal agencies to assess the effects of
                                              D. Regulatory Analyses                                   ADDRESSES) explaining why you think it                their discretionary regulatory actions. In
                                                We developed this rule after                           qualifies and how and to what degree                  particular, the Act addresses actions
                                              considering numerous statutes and                        this rule would economically affect it.               that may result in the expenditure by a


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                                                                  Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations                                                    39959

                                              State, local, or tribal government, in the               have made a determination that this                       permission of the Captain of the Port
                                              aggregate, or by the private sector of                   action is one of a category of actions that               (COTP), Coast Guard Sector Boston or
                                              $100,000,000 (adjusted for inflation) or                 do not individually or cumulatively                       the COTP’s representative. However,
                                              more in any one year. Though this rule                   have a significant effect on the human                    any vessel that is granted permission by
                                              will not result in such an expenditure,                  environment. This rule involves the                       the COTP or the COTP’s representative
                                              we do discuss the effects of this rule                   establishment of a temporary safety                       must proceed through the area with
                                              elsewhere in this preamble.                              zone. This rule is categorically excluded                 caution and operate at a speed no faster
                                                                                                       from further review under paragraph                       than that speed necessary to maintain a
                                              8. Taking of Private Property
                                                                                                       34(g) of Figure 2–1 of the Commandant                     safe course, unless otherwise required
                                                This rule will not cause a taking of                   Instruction. A written environmental                      by the Navigation Rules.
                                              private property or otherwise have                       analysis (EA) checklist and categorical
                                              taking implications under Executive                      exclusion determination (CED) are                            (2) Any person or vessel permitted to
                                              Order 12630, Governmental Actions and                    available in the docket where indicated                   enter the safety zone shall comply with
                                              Interference with Constitutionally                       under ADDRESSES. We seek any                              the directions and orders of the COTP
                                              Protected Property Rights.                               comments or information that may lead                     or the COTP’s representative. Upon
                                                                                                       to the discovery of a significant                         being hailed by a U.S. Coast Guard
                                              9. Civil Justice Reform
                                                                                                       environmental impact from this rule.                      vessel by siren, radio, flashing lights, or
                                                This rule meets applicable standards                                                                             other means, the operator of a vessel
                                              in sections 3(a) and 3(b)(2) of Executive                List of Subjects in 33 CFR Part 165
                                                                                                                                                                 within the zone shall proceed as
                                              Order 12988, Civil Justice Reform, to                      Harbors, Marine safety, Navigation                      directed. Any person or vessel within
                                              minimize litigation, eliminate                           (water), Reporting and recordkeeping                      the safety zone shall exit the
                                              ambiguity, and reduce burden.                            requirements, Security measures,
                                                                                                       Waterways.                                                   (3) To obtain permissions required by
                                              10. Protection of Children From                                                                                    this regulation, individuals may reach
                                              Environmental Health Risks                                 For the reasons discussed in the
                                                                                                                                                                 the COTP or a COTP representative via
                                                                                                       preamble, the Coast Guard amends 33
                                                We have analyzed this rule under                       CFR part 165 as follows:                                  VHF channel 16 or 617–223–5757
                                              Executive Order 13045, Protection of                                                                               (Sector Boston Command Center).
                                              Children from Environmental Health                       PART 165—REGULATED NAVIGATION                                (c) Penalties. Those who violate this
                                              Risks and Safety Risks. This rule is not                 AREAS AND LIMITED ACCESS AREAS                            section are subject to the penalties set
                                              an economically significant rule and                                                                               forth in 33 U.S.C. 1232 and 50 U.S.C.
                                              does not create an environmental risk to                 ■ 1. The authority citation for part 165
                                                                                                       continues to read as follows:                             1226.
                                              health or risk to safety that may
                                              disproportionately affect children.                        Authority: 33 U.S.C., 1231; 50 U.S.C. 191;
                                                                                                                                                                    (d) Notification. Coast Guard Sector
                                                                                                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                 Boston will give notice through the
                                              11. Indian Tribal Governments                            Department of Homeland Security Delegation                Local Notice to Mariners, Broadcast
                                                 This rule does not have tribal                        No. 0170.1.                                               Notice to Mariners, and to mariners for
                                              implications under Executive Order                       ■ 2. Add a new § 165.T01–0188 to read                     the purpose of enforcement of this
                                              13175, Consultation and Coordination                     as follows:                                               temporary safety zone. Also, Sector
                                              with Indian Tribal Governments,                                                                                    Boston will notify the public to the
                                              because it does not have a substantial                   § 165.T01–0188 Safety Zone—Misery                         greatest extent possible of any period in
                                              direct effect on one or more Indian                      Challenge—Manchester Bay, Manchester,                     which the Coast Guard will suspend
                                              tribes, on the relationship between the                  Massachusetts.
                                                                                                                                                                 enforcement of this safety zone.
                                              Federal Government and Indian tribes,                      (a) General. Establish a temporary
                                                                                                       safety zone:                                                 (e) COTP representative. The COTP’s
                                              or on the distribution of power and
                                                                                                         (1) Location. The following area is a                   representative may be any Coast Guard
                                              responsibilities between the Federal
                                                                                                       safety zone: All navigable waters, from                   commissioned, warrant, or petty officer
                                              Government and Indian tribes.
                                                                                                       surface to bottom, within one hundred                     or any Federal, state, or local law
                                              12. Energy Effects                                       (100) yards from the participants and                     enforcement officer who has been
                                                This action is not a ‘‘significant                     vessels in support of events in                           designated by the COTP to act on the
                                              energy action’’ under Executive Order                    Manchester Bay, Manchester, MA, and                       COTP’s behalf. The COTP’s
                                              13211, Actions Concerning Regulations                    enclosed by a line connecting the                         representative may be on a Coast Guard
                                              That Significantly Affect Energy Supply,                 following points (NAD 83):                                vessel, a Coast Guard Auxiliary vessel,
                                              Distribution, or Use.                                                                                              a state or local law enforcement vessel,
                                                                                                            Latitude                     Longitude               or a location on shore.
                                              13. Technical Standards
                                                                                                       42°34′03″       N.   70°46′42″ W.;    thence   to.          Dated: June 25, 2015.
                                                This rule does not use technical
                                                                                                       42°33′58″       N.   70°46′33″ W.;    thence   to         C.C. Gelzer,
                                              standards. Therefore, we did not                         42°32′32″       N.   70°47′45″ W.;    thence   to
                                              consider the use of voluntary consensus                                                                            Captain, U.S. Coast Guard, Captain of the
                                                                                                       42°32′58″       N.   70°48′40″ W.;    thence   to point
                                              standards.                                                                                                         Port Boston.
                                                                                                                              of origin.
                                                                                                                                                                 [FR Doc. 2015–17108 Filed 7–10–15; 8:45 am]
                                              14. Environment
                                                                                                          (2) Effective and enforcement period.                  BILLING CODE 9110–04–P
                                                We have analyzed this rule under                       This rule will be effective on August 1,
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                                              Department of Homeland Security                          2015, from 7:30 a.m. to 11:30 a.m.
                                              Management Directive 023–01 and                             (b) Regulations. While this safety zone
                                              Commandant Instruction M16475.lD,                        is being enforced, the following
                                              which guide the Coast Guard in                           regulations, along with those contained
                                              complying with the National                              in 33 CFR 165.23, apply:
                                              Environmental Policy Act of 1969                            (1) No person or vessel may enter or
                                              (NEPA) (42 U.S.C. 4321–4370f), and                       remain in this safety zone without the


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Document Created: 2018-02-23 09:17:50
Document Modified: 2018-02-23 09:17:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis temporary final rule is effective from 7:30 a.m. on August 1, 2015 to 11:30 a.m. on August 1, 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 Ms. Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 39957 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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