81_FR_57965 81 FR 57801 - Safety Zone; Nahant Bay, Marblehead, MA

81 FR 57801 - Safety Zone; Nahant Bay, Marblehead, MA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 164 (August 24, 2016)

Page Range57801-57803
FR Document2016-20389

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Captain of the Port (COTP) Boston Zone within a 2,500-yard radius around a position approximately 6nm Northeast of Nahant Bay, MA, for a Department of Defense (DOD) Training Exercise. The safety zone is needed to protect Navy personnel, support vessels, and the maritime public from the hazards associated with this training exercise. Entering into, transiting through, mooring, or anchoring within this safety zone during periods of enforcement is prohibited unless authorized by the Coast Guard Sector Boston COTP or the COTP's designated representative.

Federal Register, Volume 81 Issue 164 (Wednesday, August 24, 2016)
[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Rules and Regulations]
[Pages 57801-57803]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20389]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0735]
RIN 1625-AA00


Safety Zone; Nahant Bay, Marblehead, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Captain of the Port (COTP) Boston Zone within a 
2,500-yard radius around a position approximately 6nm Northeast of 
Nahant Bay, MA, for a Department of Defense (DOD) Training Exercise. 
The safety zone is needed to protect Navy personnel, support vessels, 
and the maritime public from the hazards associated with this training 
exercise. Entering into, transiting through, mooring, or anchoring 
within this safety zone during periods of enforcement is prohibited 
unless authorized by the Coast Guard Sector Boston COTP or the COTP's 
designated representative.

DATES: This rule is effective on August 24, 2016 from 7:00 p.m. through 
10:00 p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0735 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
DOD Department of Defense
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Data of 1983
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM with respect to this rule 
because publishing a NPRM would be impracticable. DOD Training Exercise 
will take place on August 24, 2016. The DOD Exercise will consist of 
High-altitude military parachuting freefall insertion approximately 6nm 
Northeast of Nahant, MA, in position 42[deg] 27.000' N., 070[deg] 
50.000' W. This exercise will present safety hazards and risks to Navy 
personnel, support vessels, and the maritime public during the 
exercise. It would be impracticable to delay promulgating this rule, as 
it would not be possible to conduct notice and comment rulemaking 
before the date of the exercise. For this reason, the Coast Guard finds 
it impracticable to delay this regulation.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable for the same reasons specified 
above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The

[[Page 57802]]

COTP has determined that the potential hazards associated with this DOD 
Training Exercise create a serious safety concern for anyone transiting 
within a 2,500-yard radius of position 42[deg] 27.000' N., 070[deg] 
50.000' W. This rule is needed to protect Navy personnel, vessels, and 
the normal marine traffic in the navigable waters within the safety 
zone while this exercise is be being conducted.

IV. Discussion of Rule

    This rule establishes a safety zone from 7:00 p.m. until 10:00 p.m. 
on August 24, 2016. The safety zone will cover all navigable waters 
within a 2,500-yard radius of position 42[deg] 27.000' N., 070[deg] 
50.000' W. The duration of the zone is intended to protect Navy 
personnel, vessels, and normal marine traffic in these navigable waters 
during the DOD training exercise. No vessel or person will be permitted 
to enter the safety zone without obtaining permission from the COTP or 
a designated representative.

V. Regulatory Analyses

    We developed this 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 rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. The implementation of this 
temporary safety zone is necessary for the protection of all waterway 
users. The size of the zone is the minimum necessary to provide 
adequate protection for the waterway users, adjoining areas, and the 
public. Vessel traffic will be able to safely transit around this 
safety zone. Any hardships experienced by persons or vessels are 
considered minimal compared to the interest in protecting the public.

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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this 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. If 
you believe this 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. 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 (42 U.S.C. 4321-4370f), and have determined 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 a safety zone that will prohibit entry within 2,500 yards 
of position 42[deg] 27.000' N., 070[deg] 50.000' W. during the DOD 
training exercise. It is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination will be 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.

[[Page 57803]]

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.

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 Sec.  165.T01-0735 to read as follows:


Sec.  165.T01-0735  Safety Zone; DOD Training Exercise, Nahant Bay, 
Marblehead, MA.

    (a) Location. The following area is a safety zone: All navigable 
waters within 2,500-yards of 42[deg] 27.000' N., 070[deg] 50.000' W. 
while the DOD Training Exercise is underway.
    (b) Regulations. While this security zone is being enforced, the 
following regulations, along with those contained in Sec.  165.33, 
apply:
    (1) Under the general safety zone regulations in subpart B of this 
part, you may not enter the safety zone described in paragraph (a) of 
this section unless authorized by the COTP or a COTP designated 
representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF-FM channel 16 or by phone at (617) 223-5757 
(Sector Boston Command Center). Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or a 
COTP designated representative.
    (c) Enforcement period. This section will be enforced from 7:00 
p.m. until 10:00 p.m. on August 24, 2016.
    (d) Definitions. As used in this section, designated representative 
means is 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 vessel, a Coast Guard Auxiliary 
vessel, state or local law enforcement, or a location on shore.
    (e) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: August 19, 2016.
C. C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2016-20389 Filed 8-22-16; 4:15 pm]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Rules and Regulations                                       57801

                                                DEPARTMENT OF HOMELAND                                  primarily of commercial tows and                      ‘‘SEARCH.’’ Click on Open Docket
                                                SECURITY                                                recreational watercraft. This temporary               Folder on the line associated with this
                                                                                                        deviation has been coordinated with                   rule.
                                                Coast Guard                                             waterway users. No objections were                    FOR FURTHER INFORMATION CONTACT: If
                                                                                                        received. The Coast Guard will also                   you have questions on this rule, call or
                                                33 CFR Part 117                                         inform the users of the waterways                     email, Mark Cutter, Sector Boston
                                                [Docket Number USCG–2016–0707]                          through our Local and Broadcast                       Waterways Management Division, U.S.
                                                                                                        Notices to Mariners of the change in                  Coast Guard; telephone 617–223–4000,
                                                Drawbridge Operation Regulation;                        operating schedule for the bridge so that             email Mark.E.Cutter@uscg.mil.
                                                Upper Mississippi River, Rock Island,                   vessel operators can arrange their                    SUPPLEMENTARY INFORMATION:
                                                IL                                                      transits to minimize any impact caused
                                                                                                        by the temporary deviation.                           I. Table of Abbreviations
                                                AGENCY: Coast Guard, DHS.                                  In accordance with 33 CFR 117.35(e),               COTP Captain of the Port
                                                ACTION: Notice of deviation from                        the drawbridge must return to its regular             CFR Code of Federal Regulations
                                                drawbridge regulation.                                  operating schedule immediately at the                 DHS Department of Homeland Security
                                                SUMMARY:    The Coast Guard has issued a                end of the effective period of this                   DOD Department of Defense
                                                                                                        temporary deviation. This deviation                   FR Federal Register
                                                temporary deviation from the operating                                                                        NPRM Notice of Proposed Rulemaking
                                                schedule that governs the Rock Island                   from the operating regulations is
                                                                                                        authorized under 33 CFR 117.35.                       NAD 83 North American Data of 1983
                                                Railroad and Highway Drawbridge                                                                               § Section
                                                across the Upper Mississippi River, mile                  Dated: August 19, 2016.                             U.S.C. United States Code
                                                482.9, at Rock Island, Illinois. The                    Eric A. Washburn,
                                                                                                                                                              II. Background Information and
                                                deviation is necessary to facilitate a                  Bridge Administrator, Western Rivers.
                                                                                                                                                              Regulatory History
                                                charity marathon race. This deviation                   [FR Doc. 2016–20265 Filed 8–23–16; 8:45 am]
                                                allows the bridge to be maintained in                   BILLING CODE 9110–04–P
                                                                                                                                                                 The Coast Guard is issuing this
                                                the closed-to-navigation position for                                                                         temporary rule without prior notice and
                                                four and a half hours.                                                                                        opportunity to comment pursuant to
                                                DATES: This deviation is effective from                 DEPARTMENT OF HOMELAND                                authority under section 4(a) of the
                                                7 a.m. to 11:30 a.m., September 25,                     SECURITY                                              Administrative Procedure Act (APA) (5
                                                2016.                                                                                                         U.S.C. 553(b)). This provision
                                                                                                        Coast Guard                                           authorizes an agency to issue a rule
                                                ADDRESSES: The docket for this
                                                                                                                                                              without prior notice and opportunity to
                                                deviation, (USCG–2016–0707) is                          33 CFR Part 165                                       comment when the agency for good
                                                available at http://www.regulations.gov.
                                                                                                                                                              cause finds that those procedures are
                                                Type the docket number in the                           [Docket Number USCG–2016–0735]
                                                                                                                                                              ‘‘impracticable, unnecessary, or contrary
                                                ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
                                                                                                        RIN 1625–AA00                                         to the public interest.’’ Under 5 U.S.C.
                                                Click on Open Docket Folder on the line
                                                                                                                                                              553(b)(B), the Coast Guard finds that
                                                associated with this deviation.                         Safety Zone; Nahant Bay, Marblehead,                  good cause exists for not publishing a
                                                FOR FURTHER INFORMATION CONTACT: If                     MA                                                    NPRM with respect to this rule because
                                                you have questions on this temporary                                                                          publishing a NPRM would be
                                                deviation, call or email Eric A.                        AGENCY:    Coast Guard, DHS.
                                                                                                                                                              impracticable. DOD Training Exercise
                                                Washburn, Bridge Administrator,                         ACTION:   Temporary final rule.                       will take place on August 24, 2016. The
                                                Western Rivers, Coast Guard; telephone                                                                        DOD Exercise will consist of High-
                                                314–269–2378, email Eric.Washburn@                      SUMMARY:   The Coast Guard is
                                                                                                                                                              altitude military parachuting freefall
                                                uscg.mil.                                               establishing a temporary safety zone on
                                                                                                                                                              insertion approximately 6nm Northeast
                                                                                                        the navigable waters of the Captain of
                                                SUPPLEMENTARY INFORMATION: The U.S.                                                                           of Nahant, MA, in position 42° 27.000′
                                                                                                        the Port (COTP) Boston Zone within a
                                                Army Rock Island Arsenal requested a                                                                          N., 070° 50.000′ W. This exercise will
                                                                                                        2,500-yard radius around a position
                                                temporary deviation for the Rock Island                                                                       present safety hazards and risks to Navy
                                                                                                        approximately 6nm Northeast of Nahant
                                                Railroad and Highway Drawbridge,                                                                              personnel, support vessels, and the
                                                                                                        Bay, MA, for a Department of Defense
                                                across the Upper Mississippi River, mile                                                                      maritime public during the exercise. It
                                                                                                        (DOD) Training Exercise. The safety
                                                482.9, at Rock Island, Illinois to remain                                                                     would be impracticable to delay
                                                                                                        zone is needed to protect Navy
                                                in the closed-to-navigation position for                                                                      promulgating this rule, as it would not
                                                                                                        personnel, support vessels, and the
                                                four and a half hours from 7 a.m. to                                                                          be possible to conduct notice and
                                                                                                        maritime public from the hazards
                                                11:30 a.m., September 25, 2016 to                                                                             comment rulemaking before the date of
                                                                                                        associated with this training exercise.
                                                facilitate the Quad City Marathon.                                                                            the exercise. For this reason, the Coast
                                                                                                        Entering into, transiting through,
                                                   The Rock Island Railroad and                                                                               Guard finds it impracticable to delay
                                                                                                        mooring, or anchoring within this safety
                                                Highway Drawbridge currently operates                                                                         this regulation.
                                                                                                        zone during periods of enforcement is
                                                in accordance with 33 CFR 117.5, which                                                                           We are issuing this rule, and under 5
                                                                                                        prohibited unless authorized by the
                                                states the general requirement that the                                                                       U.S.C. 553(d)(3), the Coast Guard finds
                                                                                                        Coast Guard Sector Boston COTP or the
                                                drawbridge shall open on signal. There                                                                        that good cause exists for making it
                                                                                                        COTP’s designated representative.
                                                are no alternate routes for vessels                                                                           effective less than 30 days after
                                                transiting this section of the Upper                    DATES: This rule is effective on August               publication in the Federal Register.
mstockstill on DSK3G9T082PROD with RULES




                                                Mississippi River. The bridge cannot                    24, 2016 from 7:00 p.m. through 10:00                 Delaying the effective date of this rule
                                                open in case of emergency.                              p.m.                                                  would be impracticable for the same
                                                   The Rock Island Railroad and                         ADDRESSES: To view documents                          reasons specified above.
                                                Highway Drawbridge provides a vertical                  mentioned in this preamble as being
                                                clearance of 23.8 feet above normal pool                available in the docket, go to http://                III. Legal Authority and Need for Rule
                                                in the closed-to-navigation position.                   www.regulations.gov, type USCG–2016–                    The Coast Guard is issuing this rule
                                                Navigation on the waterway consists                     0735 in the ‘‘SEARCH’’ box and click                  under authority in 33 U.S.C. 1231. The


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                                                57802            Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Rules and Regulations

                                                COTP has determined that the potential                  B. Impact on Small Entities                           power and responsibilities among the
                                                hazards associated with this DOD                           The Regulatory Flexibility Act of                  various levels of government. We have
                                                Training Exercise create a serious safety               1980, 5 U.S.C. 601–612, as amended,                   analyzed this rule under that Order and
                                                concern for anyone transiting within a                  requires Federal agencies to consider                 have determined that it is consistent
                                                2,500-yard radius of position 42° 27.000′               the potential impact of regulations on                with the fundamental federalism
                                                N., 070° 50.000′ W. This rule is needed                 small entities during rulemaking. The                 principles and preemption requirements
                                                to protect Navy personnel, vessels, and                                                                       described in Executive Order 13132.
                                                                                                        term ‘‘small entities’’ comprises small
                                                the normal marine traffic in the                                                                                 Also, this rule does not have tribal
                                                                                                        businesses, not-for-profit organizations
                                                navigable waters within the safety zone                                                                       implications under Executive Order
                                                                                                        that are independently owned and
                                                while this exercise is be being                                                                               13175, Consultation and Coordination
                                                                                                        operated and are not dominant in their
                                                conducted.                                                                                                    with Indian Tribal Governments,
                                                                                                        fields, and governmental jurisdictions
                                                IV. Discussion of Rule                                  with populations of less than 50,000.                 because it does not have a substantial
                                                                                                        The Coast Guard certifies under 5 U.S.C.              direct effect on one or more Indian
                                                   This rule establishes a safety zone                                                                        tribes, on the relationship between the
                                                from 7:00 p.m. until 10:00 p.m. on                      605(b) that this rule will not have a
                                                                                                        significant economic impact on a                      Federal Government and Indian tribes,
                                                August 24, 2016. The safety zone will
                                                                                                        substantial number of small entities.                 or on the distribution of power and
                                                cover all navigable waters within a
                                                                                                           While some owners or operators of                  responsibilities between the Federal
                                                2,500-yard radius of position 42° 27.000′
                                                                                                        vessels intending to transit the safety               Government and Indian tribes. If you
                                                N., 070° 50.000′ W. The duration of the
                                                                                                        zone may be small entities, for the                   believe this rule has implications for
                                                zone is intended to protect Navy
                                                                                                        reasons stated in section V.A above, this             federalism or Indian tribes, please
                                                personnel, vessels, and normal marine
                                                                                                        rule will not have a significant                      contact the person listed in the FOR
                                                traffic in these navigable waters during
                                                                                                        economic impact on any vessel owner                   FURTHER INFORMATION CONTACT section
                                                the DOD training exercise. No vessel or
                                                                                                        or operator.                                          above.
                                                person will be permitted to enter the
                                                safety zone without obtaining                              Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                                permission from the COTP or a                           Business Regulatory Enforcement
                                                                                                        Fairness Act of 1996 (Public Law 104–                   The Unfunded Mandates Reform Act
                                                designated representative.
                                                                                                        121), we want to assist small entities in             of 1995 (2 U.S.C. 1531–1538) requires
                                                V. Regulatory Analyses                                  understanding this rule. If the rule                  Federal agencies to assess the effects of
                                                  We developed this rule after                          would affect your small business,                     their discretionary regulatory actions. In
                                                considering numerous statutes and                       organization, or governmental                         particular, the Act addresses actions
                                                executive orders related to rulemaking.                 jurisdiction and you have questions                   that may result in the expenditure by a
                                                Below we summarize our analyses                         concerning its provisions or options for              State, local, or tribal government, in the
                                                based on a number of these statutes and                 compliance, please contact the person                 aggregate, or by the private sector of
                                                executive orders, and we discuss First                  listed in the FOR FURTHER INFORMATION                 $100,000,000 (adjusted for inflation) or
                                                Amendment rights of protestors.                         CONTACT section.                                      more in any one year. Though this rule
                                                                                                           Small businesses may send comments                 will not result in such an expenditure,
                                                A. Regulatory Planning and Review                       on the actions of Federal employees                   we do discuss the effects of this rule
                                                   Executive Orders 12866 and 13563                     who enforce, or otherwise determine                   elsewhere in this preamble.
                                                direct agencies to assess the costs and                 compliance with, Federal regulations to               F. Environment
                                                benefits of available regulatory                        the Small Business and Agriculture
                                                alternatives and, if regulation is                      Regulatory Enforcement Ombudsman                        We have analyzed this rule under
                                                necessary, to select regulatory                         and the Regional Small Business                       Department of Homeland Security
                                                approaches that maximize net benefits.                  Regulatory Fairness Boards. The                       Management Directive 023–01 and
                                                Executive Order 13563 emphasizes the                    Ombudsman evaluates these actions                     Commandant Instruction M16475.lD,
                                                importance of quantifying both costs                    annually and rates each agency’s                      which guide the Coast Guard in
                                                and benefits, of reducing costs, of                     responsiveness to small business. If you              complying with the National
                                                harmonizing rules, and of promoting                     wish to comment on actions by                         Environmental Policy Act of 1969 (42
                                                flexibility. This rule has not been                     employees of the Coast Guard, call 1–                 U.S.C. 4321–4370f), and have
                                                designated a ‘‘significant regulatory                   888–REG–FAIR (1–888–734–3247). The                    determined that this action is one of a
                                                action,’’ under Executive Order 12866.                  Coast Guard will not retaliate against                category of actions that do not
                                                Accordingly, it has not been reviewed                   small entities that question or complain              individually or cumulatively have a
                                                by the Office of Management and                         about this rule or any policy or action               significant effect on the human
                                                Budget.                                                 of the Coast Guard.                                   environment. This rule involves a safety
                                                   This regulatory action determination                                                                       zone that will prohibit entry within
                                                is based on the size, location, and                     C. Collection of Information                          2,500 yards of position 42° 27.000′ N.,
                                                duration of the safety zone. The                          This rule will not call for a new                   070° 50.000′ W. during the DOD training
                                                implementation of this temporary safety                 collection of information under the                   exercise. It is categorically excluded
                                                zone is necessary for the protection of                 Paperwork Reduction Act of 1995 (44                   from further review under paragraph
                                                all waterway users. The size of the zone                U.S.C. 3501–3520).                                    34(g) of Figure 2–1 of the Commandant
                                                is the minimum necessary to provide                                                                           Instruction. An environmental analysis
                                                adequate protection for the waterway                    D. Federalism and Indian Tribal                       checklist supporting this determination
                                                                                                        Governments
mstockstill on DSK3G9T082PROD with RULES




                                                users, adjoining areas, and the public.                                                                       and a Categorical Exclusion
                                                Vessel traffic will be able to safely                      A rule has implications for federalism             Determination will be available in the
                                                transit around this safety zone. Any                    under Executive Order 13132,                          docket where indicated under
                                                hardships experienced by persons or                     Federalism, if it has a substantial direct            ADDRESSES. We seek any comments or
                                                vessels are considered minimal                          effect on the States, on the relationship             information that may lead to the
                                                compared to the interest in protecting                  between the national government and                   discovery of a significant environmental
                                                the public.                                             the States, or on the distribution of                 impact from this rule.


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                                                                 Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Rules and Regulations                                      57803

                                                G. Protest Activities                                   COTP’s behalf. The COTP’s                             SUPPLEMENTARY INFORMATION:
                                                  The Coast Guard respects the First                    representative may be on a Coast vessel,
                                                                                                                                                              Background
                                                Amendment Rights of protesters.                         a Coast Guard Auxiliary vessel, state or
                                                                                                        local law enforcement, or a location on                  Atlantic HMS are managed under the
                                                Protesters are asked to contact the                                                                           2006 Consolidated HMS Fishery
                                                person listed in the FOR FURTHER                        shore.
                                                                                                          (e) Penalties. Those who violate this               Management Plan (FMP). Implementing
                                                INFORMATION CONTACT section to
                                                                                                        section are subject to the penalties set              regulations at 50 CFR part 635 are
                                                coordinate protest activities so that your                                                                    issued under the authority of the
                                                                                                        forth in 33 U.S.C. 1232 and 50 U.S.C.
                                                message can be received without                                                                               Magnuson-Stevens Fishery
                                                                                                        192.
                                                jeopardizing the safety or security of                                                                        Conservation and Management Act
                                                people, places or vessels.                                Dated: August 19, 2016.
                                                                                                                                                              (Magnuson-Stevens Act), 16 U.S.C. 1801
                                                                                                        C. C. Gelzer,
                                                List of Subjects in 33 CFR Part 165                                                                           et seq., and Atlantic Tunas Convention
                                                                                                        Captain, U.S. Coast Guard, Captain of the
                                                                                                                                                              Act (ATCA), 16 U.S.C. 927 et seq. ATCA
                                                  Harbors, Marine safety, Navigation                    Port Boston.
                                                                                                                                                              requires the Secretary of Commerce
                                                (water), Reporting and recordkeeping                    [FR Doc. 2016–20389 Filed 8–22–16; 4:15 pm]
                                                                                                                                                              (Secretary) to promulgate regulations as
                                                requirements, Security measures,                        BILLING CODE 9110–04–P
                                                                                                                                                              may be necessary and appropriate to
                                                Waterways.                                                                                                    implement ICCAT recommendations.
                                                  For the reasons discussed in the                                                                               At its 24th Annual Meeting in 2015,
                                                preamble, the Coast Guard amends 33                     DEPARTMENT OF COMMERCE                                ICCAT adopted Recommendation 15–06
                                                CFR part 165 as follows:                                                                                      on ‘‘Porbeagle [Sharks] Caught in
                                                                                                        National Oceanic and Atmospheric                      Association with ICCAT Fisheries.’’
                                                PART 165—REGULATED NAVIGATION                           Administration                                        Recommendation 15–06 requires,
                                                AREAS AND LIMITED ACCESS AREAS                                                                                among other things, fishing vessels
                                                                                                        50 CFR Part 635                                       ‘‘. . . to promptly release unharmed, to
                                                ■ 1. The authority citation for part 165
                                                                                                        [Docket No. 160328287–6745–02]                        the extent practicable, porbeagle sharks
                                                continues to read as follows:
                                                                                                                                                              caught in association with ICCAT
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             RIN 0648–BF94
                                                                                                                                                              fisheries when brought alive alongside
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                     for taking on board the vessel.’’
                                                Department of Homeland Security Delegation              Atlantic Highly Migratory Species
                                                                                                        (HMS); Porbeagle Shark Management                     Recommendation 15–06 notes that,
                                                No. 0170.1.
                                                                                                        Measures                                              according to the ICCAT Standing
                                                ■ 2. Add § 165.T01–0735 to read as                                                                            Committee for Research and Statistics
                                                follows:                                                AGENCY:  National Marine Fisheries                    (SCRS), biomass of northwest Atlantic
                                                                                                        Service (NMFS), National Oceanic and                  and northeast Atlantic porbeagle sharks
                                                § 165.T01–0735 Safety Zone; DOD Training                Atmospheric Administration (NOAA),                    is depleted to well below the biomass at
                                                Exercise, Nahant Bay, Marblehead, MA.                   Commerce.                                             maximum sustainable yield, but recent
                                                  (a) Location. The following area is a                 ACTION: Final rule.                                   fishing mortality is below the fishing
                                                safety zone: All navigable waters within                                                                      mortality at maximum sustainable yield
                                                2,500-yards of 42° 27.000′ N., 070°                     SUMMARY:   This final rule implements                 (i.e., the stocks are overfished but
                                                50.000′ W. while the DOD Training                       the International Commission for the                  overfishing is not occurring).
                                                Exercise is underway.                                   Conservation of Atlantic Tunas (ICCAT)                Recommendation 15–06 further notes
                                                  (b) Regulations. While this security                  Recommendation 15–06 regarding                        that the 2008 and 2012 Ecological Risk
                                                zone is being enforced, the following                   porbeagle sharks (Lamna nasus) caught                 Assessments concluded that the
                                                regulations, along with those contained                 in association with ICCAT fisheries.                  porbeagle shark was among the most
                                                in § 165.33, apply:                                     Recommendation 15–06 requires,                        vulnerable of shark species, which, even
                                                  (1) Under the general safety zone                     among other things, fishing vessels to                at low fishing mortality levels, makes it
                                                regulations in subpart B of this part, you              promptly release unharmed, to the                     more susceptible to overfishing. Thus,
                                                may not enter the safety zone described                 extent practicable, porbeagle sharks                  Recommendation 15–06 was adopted by
                                                in paragraph (a) of this section unless                 caught in association with ICCAT                      ICCAT to reduce fishing mortality of
                                                authorized by the COTP or a COTP                        fisheries when brought alive alongside                porbeagle sharks caught in association
                                                designated representative.                              for taking on board the vessel. This                  with ICCAT fisheries in order to reduce
                                                  (2) To seek permission to enter,                      action affects fishermen fishing in the               porbeagle shark fishing even further,
                                                contact the COTP or the COTP’s                          commercial highly migratory species                   and thus assist in rebuilding stocks
                                                representative by VHF–FM channel 16                     (HMS) pelagic longline fishery and the                which are currently overfished. On June
                                                or by phone at (617) 223–5757 (Sector                   HMS recreational fisheries for tunas,                 15, 2016 (81 FR 39017), NMFS
                                                Boston Command Center). Those in the                    swordfish, and billfish in the Atlantic               published a proposed rule to consider
                                                safety zone must comply with all lawful                 Ocean, including the Caribbean Sea and                changes to the regulations at 50 CFR
                                                orders or directions given to them by the               Gulf of Mexico. This action implements                part 635 consistent with
                                                COTP or a COTP designated                               an ICCAT recommendation, consistent                   Recommendation 15–06. The proposed
                                                representative.                                         with the Atlantic Tunas Convention Act                rule contains details that are not
                                                  (c) Enforcement period. This section                  (ATCA), and will further domestic                     repeated here. The comment period on
                                                will be enforced from 7:00 p.m. until                   management objectives under the                       the proposed rule ended on July 15,
                                                10:00 p.m. on August 24, 2016.                          Magnuson-Stevens Fishery                              2016.
mstockstill on DSK3G9T082PROD with RULES




                                                  (d) Definitions. As used in this                      Conservation and Management Act                          Domestically, porbeagle sharks are
                                                section, designated representative                      (Magnuson-Stevens Act).                               managed pursuant to a rebuilding plan
                                                means is any Coast Guard                                DATES: Effective on September 23, 2016.               established in Amendment 2 to the 2006
                                                commissioned, warrant, or petty officer                 FOR FURTHER INFORMATION CONTACT:                      Consolidated HMS FMP (73 FR 35788,
                                                or any federal, state, or local law                     Larry Redd, Carrie Soltanoff, or Karyl                June 24, 2008 as corrected at 73 FR
                                                enforcement officer who has been                        Brewster-Geisz by phone at 301–427–                   40658, July 15, 2008). Under current
                                                designated by the COTP to act on the                    8503.                                                 regulations, commercial and


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Document Created: 2016-08-24 03:03:01
Document Modified: 2016-08-24 03:03:01
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 rule is effective on August 24, 2016 from 7:00 p.m. through 10:00 p.m.
ContactIf you have questions on this rule, call or email, Mark Cutter, Sector Boston Waterways Management Division, U.S. Coast Guard; telephone 617-223-4000, email [email protected]
FR Citation81 FR 57801 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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