81_FR_10861 81 FR 10820 - Safety Zone; Misery Challenge, Manchester Bay, Manchester, MA

81 FR 10820 - Safety Zone; Misery Challenge, Manchester Bay, Manchester, MA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 41 (March 2, 2016)

Page Range10820-10822
FR Document2016-04540

The Coast Guard is proposing to establish a temporary safety zone for certain waters of Manchester Bay to be enforced during the Misery Challenge marine event, which will involve swimmers, kayakers, and stand-up paddlers. This safety zone would ensure the protection of the event participants, support vessels, and the maritime public from the hazards associated with the event. This proposed rulemaking would prohibit persons and vessels 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. We invite your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 41 (Wednesday, March 2, 2016)
[Federal Register Volume 81, Number 41 (Wednesday, March 2, 2016)]
[Proposed Rules]
[Pages 10820-10822]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04540]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0004]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for certain waters of Manchester Bay to be enforced during the 
Misery Challenge marine event, which will involve swimmers, kayakers, 
and stand-up paddlers. This safety zone would ensure the protection of 
the event participants, support vessels, and the maritime public from 
the hazards associated with the event. This proposed rulemaking would 
prohibit persons and vessels 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. We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 1, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0004 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rulemaking, call or email Mr. Mark Cutter, Sector Boston Waterways 
Management Division, U.S. Coast Guard; telephone 617-223-4000, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

DHS Department of Homeland Security
U.S.C. United States Code
CFR Code of Federal Regulation
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983

II. Background, Purpose, and Legal Basis

    On October 23, 2015, the Coast Guard was notified that of a 
swimming and stand up paddling event from 7:30 a.m. to 12 p.m. on July 
23, 2016 with a weather date on July 24, 2016; named the Misery 
Challenge. The participants will launch from Tucks Point in Manchester 
Bay, Manchester, MA and continue around Greater Misery Island returning 
to Tucks Point. Hazards associated with this include accidental 
collisions with event participants and the maritime public. The COTP 
has determined that potential hazards associated with the event would 
be a safety concern for event participants, support vessels, and the 
maritime public.
    The purpose of this rulemaking is to ensure the safety of event 
participants, support vessels, the maritime public, and the navigable 
waters within a 100 yard radius of the event participants, during, and 
after the scheduled event. The Coast Guard proposes this rulemaking 
under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary safety zone from 7 a.m. 
to 12:30 p.m. on July 23, 2016 with a weather date on July 24, 2016. 
The safety zone would cover all navigable waters within specific 
geographic locations specified in the regulatory text on the navigable 
waters of Manchester Bay, Manchester, Massachusetts. Vessels not 
associated with the event shall maintain a distance of at least 100 
yards from the participants. The duration of the zone is intended to 
ensure the safety of event participants, support vessels, and the 
maritime public before, during, and after the event scheduled from 7:30 
a.m. to 12 p.m. event. No vessel or person would be permitted to enter 
the safety zone without obtaining permission from the COTP or a 
designated representative. The regulatory text we are proposing appears 
at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    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 five and one half 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.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule 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, this rulemaking would not have a significant economic 
impact on a substantial number of small entities.

[[Page 10821]]

    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rulemaking would 
have a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. 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 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a safety 
zone lasting five and one half hours that would prohibit entry within 
100 yards of the participants and vessels in support of the event. 
Normally such actions maybe categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. A preliminary environmental analysis checklist is available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add a new Sec.  165.T01-0188 under the undesignated center heading 
First Coast Guard District to read as follows:


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

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

    Latitude Longitude

42[deg]34'03'' N. 70[deg]46'42'' W.; thence to
42[deg]33'58'' N. 70[deg]46'33'' W.; thence to
42[deg]32'30'' N. 70[deg]47'43'' W.; thence to
42[deg]32'58'' N. 70[deg]48'40'' W.; thence to point of origin.


[[Page 10822]]


    (2) Effective and enforcement period. This rule will be effective 
on July 23, 2016, from 7 a.m. to 12:30 p.m. with a weather date on July 
24, 2016.
    (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) or the COTP's 
representatives. However, any vessel that is granted permission by the 
COTP or the COTP's representatives must proceed through the area with 
caution and operate at a speed no faster than that speed necessary to 
maintain a safe course, unless otherwise required by the Navigation 
Rules.
    (2) Any person or vessel permitted to enter the safety zone shall 
comply with the directions and orders of the COTP or the COTP's 
representatives. Upon being hailed by a U.S. Coast Guard vessel by 
siren, radio, flashing lights, or other means, the operator of a vessel 
within the zone shall proceed as directed. Any person or vessel within 
the safety zone shall exit the zone when directed by the COTP or the 
COTP's representatives.
    (3) To obtain permissions required by this regulation, individuals 
may reach the COTP or a COTP representative via VHF channel 16 or 617-
223-5757 (Sector Boston Command Center).
    (c) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 1226.
    (d) Notification. Coast Guard Sector Boston will give notice 
through the Local Notice to Mariners and Broadcast Notice to Mariners 
for the purpose of enforcement of this temporary safety zone. Sector 
Boston will also 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: February 25, 2016.
C. C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2016-04540 Filed 3-1-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                    10820                  Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules

                                                    which a covered broker or dealer is a                   further instructions on submitting                    without obtaining permission from the
                                                    party shall be governed exclusively by                  comments.                                             COTP or a designated representative.
                                                    12 U.S.C. 5390, including the                           FOR FURTHER INFORMATION CONTACT:   If                 The regulatory text we are proposing
                                                    limitations and restrictions contained in               you have questions on this proposed                   appears at the end of this document.
                                                    12 U.S.C. 5390(c)(10)(B), and any                       rulemaking, call or email Mr. Mark                    IV. Regulatory Analyses
                                                    regulations promulgated thereunder.                     Cutter, Sector Boston Waterways
                                                                                                                                                                    We developed this proposed rule after
                                                      Dated: February 17, 2016.                             Management Division, U.S. Coast
                                                                                                                                                                  considering numerous statutes and
                                                      By the Securities and Exchange                        Guard; telephone 617–223–4000, email
                                                                                                                                                                  Executive orders related to rulemaking.
                                                    Commission.                                             Mark.E.Cutter@uscg.mil.
                                                                                                                                                                  Below we summarize our analyses
                                                    Brent J. Fields,                                        SUPPLEMENTARY INFORMATION:                            based on a number of these statutes and
                                                    Secretary.                                              I. Table of Abbreviations                             Executive orders and we discuss First
                                                      Dated this 17th day of February, 2016.                                                                      Amendment rights of protestors.
                                                                                                            DHS Department of Homeland Security
                                                      By order of the Board of Directors.
                                                                                                            U.S.C. United States Code                             A. Regulatory Planning and Review
                                                    Federal Deposit Insurance Corporation.                  CFR Code of Federal Regulation
                                                    Robert E. Feldman,                                      FR Federal Register                                      Executive Orders 12866 and 13563
                                                    Executive Secretary.                                    NPRM Notice of Proposed Rulemaking                    direct agencies to assess the costs and
                                                                                                            NAD 83 North American Datum of 1983                   benefits of available regulatory
                                                    [FR Doc. 2016–03874 Filed 3–1–16; 8:45 am]
                                                                                                                                                                  alternatives and, if regulation is
                                                    BILLING CODE 8011–01–P; 6714–01–P                       II. Background, Purpose, and Legal                    necessary, to select regulatory
                                                                                                            Basis                                                 approaches that maximize net benefits.
                                                                                                               On October 23, 2015, the Coast Guard               Executive Order 13563 emphasizes the
                                                    DEPARTMENT OF HOMELAND                                  was notified that of a swimming and                   importance of quantifying both costs
                                                    SECURITY                                                stand up paddling event from 7:30 a.m.                and benefits, of reducing costs, of
                                                                                                            to 12 p.m. on July 23, 2016 with a                    harmonizing rules, and of promoting
                                                    Coast Guard                                             weather date on July 24, 2016; named                  flexibility. This NPRM has not been
                                                                                                            the Misery Challenge. The participants                designated a ‘‘significant regulatory
                                                    33 CFR Part 165                                         will launch from Tucks Point in                       action,’’ under Executive Order 12866.
                                                    [Docket Number USCG–2016–0004]                          Manchester Bay, Manchester, MA and                    Accordingly, the NPRM has not been
                                                                                                            continue around Greater Misery Island                 reviewed by the Office of Management
                                                    RIN 1625–AA00                                           returning to Tucks Point. Hazards                     and Budget.
                                                                                                            associated with this include accidental                  We expect the economic impact of
                                                    Safety Zone; Misery Challenge,                          collisions with event participants and                this rule to be minimal. This regulation
                                                    Manchester Bay, Manchester, MA                          the maritime public. The COTP has                     may have some impact on the public,
                                                    AGENCY:   Coast Guard, DHS.                             determined that potential hazards                     but that potential impact will likely be
                                                                                                            associated with the event would be a                  minimal for several reasons. First, this
                                                    ACTION:   Notice of proposed rulemaking.                safety concern for event participants,                safety zone will be in effect for only five
                                                    SUMMARY:   The Coast Guard is proposing                 support vessels, and the maritime                     and one half hours in the morning when
                                                    to establish a temporary safety zone for                public.                                               vessel traffic is expected to be light.
                                                    certain waters of Manchester Bay to be                     The purpose of this rulemaking is to               Second, vessels may enter or pass
                                                    enforced during the Misery Challenge                    ensure the safety of event participants,              through the safety zone during an
                                                    marine event, which will involve                        support vessels, the maritime public,                 enforcement period with the permission
                                                    swimmers, kayakers, and stand-up                        and the navigable waters within a 100                 of the COTP or the designated
                                                    paddlers. This safety zone would ensure                 yard radius of the event participants,                representative. Finally, the Coast Guard
                                                    the protection of the event participants,               during, and after the scheduled event.                will provide notification to the public
                                                    support vessels, and the maritime                       The Coast Guard proposes this                         through Broadcast Notice to Mariners
                                                    public from the hazards associated with                 rulemaking under authority in 33 U.S.C.               well in advance of the event.
                                                    the event. This proposed rulemaking                     1231.
                                                                                                                                                                  B. Impact on Small Entities
                                                    would prohibit persons and vessels                      III. Discussion of Proposed Rule                         The Regulatory Flexibility Act of
                                                    from entering into, transiting through,                    The COTP proposes to establish a                   1980, 5 U.S.C. 601–612, as amended,
                                                    mooring, or anchoring within this safety                temporary safety zone from 7 a.m. to                  requires federal agencies to consider the
                                                    zone during periods of enforcement                      12:30 p.m. on July 23, 2016 with a                    potential impact of regulations on small
                                                    unless authorized by the Coast Guard                    weather date on July 24, 2016. The                    entities during rulemaking. The term
                                                    Sector Boston Captain of the Port                       safety zone would cover all navigable                 ‘‘small entities’’ comprises small
                                                    (COTP) or the COTP’s designated                         waters within specific geographic                     businesses, not-for-profit organizations
                                                    representative. We invite your                          locations specified in the regulatory text            that are independently owned and
                                                    comments on this proposed rulemaking.                   on the navigable waters of Manchester                 operated and are not dominant in their
                                                    DATES: Comments and related material                    Bay, Manchester, Massachusetts.                       fields, and governmental jurisdictions
                                                    must be received by the Coast Guard on                  Vessels not associated with the event                 with populations of less than 50,000.
                                                    or before April 1, 2016.                                shall maintain a distance of at least 100             The Coast Guard certifies under 5 U.S.C.
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    ADDRESSES: You may submit comments                      yards from the participants. The                      605(b) that this proposed rule will not
                                                    identified by docket number USCG–                       duration of the zone is intended to                   have a significant economic impact on
                                                    2016–0004 using the Federal                             ensure the safety of event participants,              a substantial number of small entities.
                                                    eRulemaking Portal at http://                           support vessels, and the maritime                        For all of the reasons discussed in the
                                                    www.regulations.gov. See the ‘‘Public                   public before, during, and after the                  Regulatory Planning And Review
                                                    Participation and Request for                           event scheduled from 7:30 a.m. to 12                  section, this rulemaking would not have
                                                    Comments’’ portion of the                               p.m. event. No vessel or person would                 a significant economic impact on a
                                                    SUPPLEMENTARY INFORMATION section for                   be permitted to enter the safety zone                 substantial number of small entities.


                                               VerDate Sep<11>2014   13:19 Mar 01, 2016   Jkt 238001   PO 00000   Frm 00041   Fmt 4702   Sfmt 4702   E:\FR\FM\02MRP1.SGM   02MRP1


                                                                           Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules                                             10821

                                                       If you think that your business,                     particular, the Act addresses actions                 eRulemaking Portal at http://
                                                    organization, or governmental                           that may result in the expenditure by a               www.regulations.gov. If your material
                                                    jurisdiction qualifies as a small entity                State, local, or tribal government, in the            cannot be submitted using http://
                                                    and that this rulemaking would have a                   aggregate, or by the private sector of                www.regulations.gov, contact the person
                                                    significant economic impact on it,                      $100,000,000 (adjusted for inflation) or              in the FOR FURTHER INFORMATION
                                                    please submit a comment (see                            more in any one year. Though this                     CONTACT section of this document for
                                                    ADDRESSES) explaining why you think it                  proposed rule would not result in such                alternate instructions.
                                                    qualifies and how and to what degree                    an expenditure, we do discuss the                        We accept anonymous comments. All
                                                    this rule would economically affect it.                 effects of this rule elsewhere in this                comments received will be posted
                                                       Under section 213(a) of the Small                    preamble.                                             without change to http://
                                                    Business Regulatory Enforcement                                                                               www.regulations.gov and will include
                                                                                                            F. Environment                                        any personal information you have
                                                    Fairness Act of 1996 (Public Law 104–
                                                    121), we want to assist small entities in                 We have analyzed this proposed rule                 provided. For more about privacy and
                                                    understanding this proposed rule. If the                under Department of Homeland                          the docket, you may review a Privacy
                                                    rule would affect your small business,                  Security Management Directive 023–01                  Act notice regarding the Federal Docket
                                                    organization, or governmental                           and Commandant Instruction                            Management System in the March 24,
                                                    jurisdiction and you have questions                     M16475.lD, which guide the Coast                      2005, issue of the Federal Register (70
                                                    concerning its provisions or options for                Guard in complying with the National                  FR 15086).
                                                    compliance, please contact the person                   Environmental Policy Act of 1969 (42                     Documents mentioned in this NPRM
                                                    listed in the FOR FURTHER INFORMATION                   U.S.C. 4321–4370f), and have made a                   as being available in the docket, and all
                                                    CONTACT, above. The Coast Guard will                    preliminary determination that this                   public comments, will be in our online
                                                    not retaliate against small entities that               action is one of a category of actions that           docket at http://www.regulations.gov
                                                    question or complain about this                         do not individually or cumulatively                   and can be viewed by following that
                                                    proposed rule or any policy or action of                have a significant effect on the human                Web site’s instructions. Additionally, if
                                                    the Coast Guard.                                        environment. This proposed rule                       you go to the online docket and sign up
                                                                                                            involves a safety zone lasting five and               for email alerts, you will be notified
                                                    C. Collection of Information                            one half hours that would prohibit entry              when comments are posted or a final
                                                      This proposed rule will not call for a                within 100 yards of the participants and              rule is published.
                                                    new collection of information under the                 vessels in support of the event.                      List of Subjects in 33 CFR Part 165
                                                    Paperwork Reduction Act of 1995 (44                     Normally such actions maybe
                                                    U.S.C. 3501–3520).                                      categorically excluded from further                     Harbors, Marine safety, Navigation
                                                                                                            review under paragraph 34(g) of Figure                (water), Reporting and recordkeeping
                                                    D. Federalism and Indian Tribal                                                                               requirements, Security measures,
                                                                                                            2–1 of Commandant Instruction
                                                    Governments                                                                                                   Waterways.
                                                                                                            M16475.lD. A preliminary
                                                       A rule has implications for federalism               environmental analysis checklist is                     For the reasons discussed in the
                                                    under E.O. 13132, Federalism, if it has                 available in the docket where indicated               preamble, the Coast Guard proposes to
                                                    a substantial direct effect on the States,              under ADDRESSES. We seek any                          amend 33 CFR part 165 as follows:
                                                    on the relationship between the national                comments or information that may lead
                                                    government and the States, or on the                    to the discovery of a significant                     PART 165—REGULATED NAVIGATION
                                                    distribution of power and                                                                                     AREAS AND LIMITED ACCESS AREAS
                                                                                                            environmental impact from this
                                                    responsibilities among the various                      proposed rule.                                        ■ 1. The authority citation for part 165
                                                    levels of government. We have analyzed
                                                                                                            G. Protest Activities                                 continues to read as follows:
                                                    this proposed rule under that Order and
                                                    have determined that it is consistent                     The Coast Guard respects the First                    Authority: 33 U.S.C., 1231; 50 U.S.C. 191;
                                                    with the fundamental federalism                         Amendment rights of protesters.                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                                                                                  Department of Homeland Security Delegation
                                                    principles and preemption requirements                  Protesters are asked to contact the                   No. 0170.1.
                                                    described in E.O. 13132.                                person listed in the FOR FURTHER
                                                       Also, this proposed rule does not have                                                                     ■ 2. Add a new § 165.T01–0188 under
                                                                                                            INFORMATION CONTACT section to
                                                    tribal implications under E.O. 13175,                                                                         the undesignated center heading First
                                                                                                            coordinate protest activities so that your
                                                    Consultation and Coordination with                                                                            Coast Guard District to read as follows:
                                                                                                            message can be received without
                                                    Indian Tribal Governments, because it                   jeopardizing the safety or security of                § 165.T01–0188 Safety Zone—Misery
                                                    would not have a substantial direct                     people, places, or vessels.                           Challenge—Manchester Bay, Manchester,
                                                    effect on one or more Indian tribes, on                                                                       Massachusetts.
                                                    the relationship between the Federal                    V. Public Participation and Request for
                                                                                                                                                                    (a) General. Establish a temporary
                                                    Government and Indian tribes, or on the                 Comments
                                                                                                                                                                  safety zone:
                                                    distribution of power and                                 We view public participation as                       (1) Location. The following area is a
                                                    responsibilities between the Federal                    essential to effective rulemaking, and                safety zone: All navigable waters, from
                                                    Government and Indian tribes. If you                    will consider all comments and material               surface to bottom, within 100 yards
                                                    believe this proposed rule has                          received during the comment period.                   from the participants and vessels in
                                                    implications for federalism or Indian                   Your comment can help shape the                       support of events in Manchester Bay,
                                                                                                            outcome of this rulemaking. If you                    Manchester, MA, and enclosed by a line
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    tribes, please contact the person listed
                                                    in the FOR FURTHER INFORMATION                          submit a comment, please include the                  connecting the following points (NAD
                                                    CONTACT section above.                                  docket number for this rulemaking,                    83):
                                                                                                            indicate the specific section of this                   Latitude Longitude
                                                    E. Unfunded Mandates Reform Act                         document to which each comment                        42°34′03″ N. 70°46′42″ W.; thence to
                                                      The Unfunded Mandates Reform Act                      applies, and provide a reason for each                42°33′58″ N. 70°46′33″ W.; thence to
                                                    of 1995 (2 U.S.C. 1531–1538) requires                   suggestion or recommendation.                         42°32′30″ N. 70°47′43″ W.; thence to
                                                    Federal agencies to assess the effects of                 We encourage you to submit                          42°32′58″ N. 70°48′40″ W.; thence to point
                                                    their discretionary regulatory actions. In              comments through the Federal                            of origin.



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                                                    10822                  Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules

                                                       (2) Effective and enforcement period.                ENVIRONMENTAL PROTECTION                              DATES:  Comments must be received on
                                                    This rule will be effective on July 23,                 AGENCY                                                or before April 1, 2016.
                                                    2016, from 7 a.m. to 12:30 p.m. with a                                                                        ADDRESSES: Submit your comments,
                                                    weather date on July 24, 2016.                          40 CFR Parts 85, 86, 1036, 1037, 1065,                identified by Docket ID No. EPA–HQ–
                                                       (b) Regulations. While this safety zone              1066, and 1068                                        OAR–2014–0827 (for EPA’s docket) and
                                                    is being enforced, the following                                                                              NHTSA–2014–0132 (for NHTSA’s
                                                    regulations, along with those contained                 DEPARTMENT OF TRANSPORTATION                          docket), by one of the following
                                                    in 33 CFR 165.23 apply:                                                                                       methods:
                                                       (1) No person or vessel may enter or                 National Highway Traffic Safety                          • Online: www.regulations.gov:
                                                    remain in this safety zone without the                  Administration                                        Follow the on-line instructions for
                                                    permission of the Captain of the Port                                                                         submitting comments.
                                                    (COTP) or the COTP’s representatives.                   49 CFR Parts 523, 534, and 535                           • Email: a-and-r-docket@epa.gov.
                                                    However, any vessel that is granted                                                                              • Mail:
                                                                                                            [EPA–HQ–OAR–2014–0827; NHTSA–2014–
                                                    permission by the COTP or the COTP’s                    0132; FRL–9942–94–OAR]                                   EPA: Air and Radiation Docket and
                                                    representatives must proceed through                                                                          Information Center, Environmental
                                                    the area with caution and operate at a                  RIN 2060–AS16; RIN 2127–AL52
                                                                                                                                                                  Protection Agency, Mailcode: 28221T,
                                                    speed no faster than that speed                                                                               1200 Pennsylvania Ave. NW.,
                                                    necessary to maintain a safe course,                    Greenhouse Gas Emissions and Fuel
                                                                                                            Efficiency Standards for Medium- and                  Washington, DC 20460.
                                                    unless otherwise required by the                                                                                 NHTSA: Docket Management Facility,
                                                    Navigation Rules.                                       Heavy-Duty Engines and Vehicles—
                                                                                                            Phase 2—Notice of Data Availability                   M–30, U.S. Department of
                                                       (2) Any person or vessel permitted to                                                                      Transportation, West Building, Ground
                                                    enter the safety zone shall comply with                                                                       Floor, Rm. W12–140, 1200 New Jersey
                                                                                                            AGENCIES:  Environmental Protection
                                                    the directions and orders of the COTP                                                                         Avenue SE., Washington, DC 20590.
                                                                                                            Agency (EPA) and Department of
                                                    or the COTP’s representatives. Upon                                                                              • Hand Delivery:
                                                                                                            Transportation (DOT) National Highway
                                                    being hailed by a U.S. Coast Guard                                                                               EPA: EPA Docket Center, EPA WJC
                                                                                                            Traffic Safety Administration (NHTSA).
                                                    vessel by siren, radio, flashing lights, or                                                                   West Building, Room 3334, 1301
                                                    other means, the operator of a vessel                   ACTION: Notice of data availability.
                                                                                                                                                                  Constitution Ave. NW., Washington, DC
                                                    within the zone shall proceed as                        SUMMARY:    This Notice provides an                   20460. Such deliveries are only
                                                    directed. Any person or vessel within                   opportunity to comment on new                         accepted during the Docket’s normal
                                                    the safety zone shall exit the zone when                information being made available by the               hours of operation, and special
                                                    directed by the COTP or the COTP’s                      EPA and by NHTSA, on behalf of DOT,                   arrangements should be made for
                                                    representatives.                                        related to the proposed Phase 2 Heavy-                deliveries of boxed information.
                                                       (3) To obtain permissions required by                Duty National Program proposed July                      NHTSA: West Building, Ground
                                                    this regulation, individuals may reach                  13, 2015, to reduce greenhouse gas                    Floor, Rm. W12–140, 1200 New Jersey
                                                    the COTP or a COTP representative via                   emissions and fuel consumption for                    Avenue SE., Washington, DC 20590,
                                                    VHF channel 16 or 617–223–5757                          new on-road heavy-duty vehicles and                   between 9 a.m. and 4 p.m. Eastern Time,
                                                    (Sector Boston Command Center).                         engines. The new information,                         Monday through Friday, except Federal
                                                       (c) Penalties. Those who violate this
                                                                                                            including memoranda and data, have                    Holidays.
                                                    section are subject to the penalties set
                                                                                                            been placed in the public dockets. Data                  Instructions: Direct your comments to
                                                    forth in 33 U.S.C. 1232 and 50 U.S.C.
                                                                                                            relating to the potential stringency of               Docket ID No. EPA–HQ–OAR–2014–
                                                    1226.
                                                       (d) Notification. Coast Guard Sector                 the proposed standards includes:                      0827 and/or NHTSA–2014–0132, as
                                                    Boston will give notice through the                     Powertrain data; additional                           follows:
                                                    Local Notice to Mariners and Broadcast                  aerodynamic test data; supplemental                      EPA: Direct your comments to Docket
                                                    Notice to Mariners for the purpose of                   test data relating to drive cycles (and               ID No EPA–HQ–OAR–2014–0827. EPA’s
                                                    enforcement of this temporary safety                    frequency thereof) for vocational                     policy is that all comments received
                                                    zone. Sector Boston will also notify the                vehicles; and cycle average mapping                   will be included in the public docket
                                                    public to the greatest extent possible of               data. The agencies are soliciting                     without change and may be made
                                                    any period in which the Coast Guard                     additional comment on certain revised                 available online at www.regulations.gov,
                                                    will suspend enforcement of this safety                 test reports, and a revised version of the            including any personal information
                                                    zone.                                                   Greenhouse Gas Emission Model (GEM)                   provided, unless the comment includes
                                                       (e) COTP Representative. The COTP’s                  used both in developing certain of the                information claimed to be Confidential
                                                    representative may be any Coast Guard                   proposed standards and in                             Business Information (CBI) or other
                                                    commissioned, warrant or petty officer                  demonstrating compliance with those                   information whose disclosure is
                                                    or any federal, state, or local law                     standards. Additionally, EPA is                       restricted by statute. Do not submit
                                                    enforcement officer who has been                        soliciting further comment on                         information that you consider to be CBI
                                                    designated by the COTP to act on the                    memoranda relating to standard                        or otherwise protected through
                                                    COTP’s behalf. The COTP’s                               applicability and implementation.                     www.regulations.gov or email. The
                                                    representative may be on a Coast Guard                  These memoranda address potential                     www.regulations.gov Web site is an
                                                    vessel, a Coast Guard Auxiliary vessel,                 requirements for selective enforcement                ‘‘anonymous access’’ system, which
                                                                                                            audits and confirmatory testing related               means EPA will not know your identity
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    a state or local law enforcement vessel,
                                                    or a location on shore.                                 to greenhouse gas emissions, and                      or contact information unless you
                                                                                                            applicability of emission standards and               provide it in the body of your comment.
                                                      Dated: February 25, 2016.                             certification responsibilities for trailers,          If you send an email comment directly
                                                    C. C. Gelzer,                                           glider vehicles, and glider kits. Finally,            to EPA without going through
                                                    Captain, U.S. Coast Guard, Captain of the               EPA is soliciting additional comments                 www.regulations.gov your email address
                                                    Port Boston.                                            on issues discussed in a late comment                 will be automatically captured and
                                                    [FR Doc. 2016–04540 Filed 3–1–16; 8:45 am]              related to light-duty motor vehicles used             included as part of the comment that is
                                                    BILLING CODE 9110–04–P                                  for racing.                                           placed in the public docket and made


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Document Created: 2018-02-02 15:04:18
Document Modified: 2018-02-02 15:04:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before April 1, 2016.
ContactIf you have questions on this proposed rulemaking, call or email Mr. Mark Cutter, Sector Boston Waterways Management Division, U.S. Coast Guard; telephone 617-223-4000, email [email protected]
FR Citation81 FR 10820 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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