81_FR_64247 81 FR 64066 - Security Zone; 22nd International Seapower Symposium, Goat Island, Newport, RI

81 FR 64066 - Security Zone; 22nd International Seapower Symposium, Goat Island, Newport, RI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 181 (September 19, 2016)

Page Range64066-64068
FR Document2016-22464

The Coast Guard is establishing a temporary security zone along the western shore of Goat Island, Newport, Rhode Island, including the vicinity of Newport Harbor Light at the northeastern point of Goat Island to and around the Goat Island Connector between Goat Island and Newport, Rhode Island, in conjunction with the 22nd International Seapower Symposium. Entry into this zone by any vessel or persons is prohibited unless specifically authorized by the Captain of the Port (COTP), Southeastern New England or the COTP's designated on- scene representative.

Federal Register, Volume 81 Issue 181 (Monday, September 19, 2016)
[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Rules and Regulations]
[Pages 64066-64068]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22464]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2016-0790]
RIN 1625-AA87


Security Zone; 22nd International Seapower Symposium, Goat 
Island, Newport, RI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary security zone 
along the western shore of Goat Island, Newport, Rhode Island, 
including the vicinity of Newport Harbor Light at the northeastern 
point of Goat Island to and around the Goat Island Connector between 
Goat Island and Newport, Rhode Island, in conjunction with the 22nd 
International Seapower Symposium. Entry into this zone by any vessel or 
persons is prohibited unless specifically authorized by the Captain of 
the Port (COTP), Southeastern New England or the COTP's designated on-
scene representative.

DATES: This rule is effective without actual notice from September 19, 
2016 until September 23, 2016. For the purposes of enforcement, actual 
notice will be used from September 18, 2016 until September 19, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0790 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 
temporary rule, call or email Mr. Edward G. LeBlanc at Sector 
Southeastern New England; telephone (401) 435-2351, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
TFR Temporary Final Rule
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final 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 of 
the sensitive security issues related to these special events, the 
Coast Guard was not aware of the final details with sufficient time to 
solicit public comments. Thus, waiting for a full comment period to run 
would inhibit the Coast Guard's ability to keep senior military leaders 
and government officials, along with the general public, safe from 
subversive acts directed at these high visibility special events. 
Providing a prolonged public notice and comment period is contrary to 
the public interest due to national security concerns.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making this rule effective less 
than 30 days after publication in the Federal Register. Any delay 
encountered in this temporary rule's effective date would be contrary 
to the public interest given the immediate need to ensure the safety 
and security of event attendees.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231; which authorizes the Coast Guard to define Security Zones.
    This action is intended to temporarily prohibit vessel traffic from 
transiting within 250 yards of the western shore of Goat Island and 
within a 250 yard radius of Newport Harbor Light at the northeastern 
point of Goat Island and extending to 250 yards on either side of the 
Goat Island Connector between Goat Island and Newport, Rhode Island, to 
ensure the security of attendees to the 22nd International Seapower 
Symposium by properly safeguarding against potential sabotage, 
subversive acts, or other threats.

[[Page 64067]]

IV. Discussion of Comments, Changes, and the Rule

    The 22nd International Seapower Symposium is being held on Goat 
Island, Newport, RI, from September 18 through September 23, 2016. High 
level U.S. officials and delegates from over 125 countries are expected 
to attend. Goat Island, the site of the 22nd International Seapower 
Symposium, is waterfront property in Newport, Rhode Island, within the 
Captain of the Port, Southeastern New England zone.
    This rule establishes a temporary 250-yard security zone in the 
navigable waters adjacent to the western shore of Goat Island and in 
the vicinity of Newport Harbor Light at the northeastern point of Goat 
Island and extending to 250 yards on either side of the Goat Island 
Connector between Goat Island and Newport, Rhode Island, where the 22nd 
International Seapower Symposium is being held from September 18 
through September 23, 2016. Vessels and persons will be prohibited from 
entering this security zone during the 22nd International Seapower 
Symposium. The perimeter of the security zone along the western shore 
and northeast point of Goat Island will be clearly marked by six 
special purpose white buoys with orange stripes. It has been determined 
that the necessary security enhancements provided by this rule greatly 
outweigh any potential negative impacts. Public notifications will be 
made prior to and during the entire effective period of this security 
zone via marine information broadcasts and local notice to mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders relating to rulemaking. Below we summarize our 
analyses based on 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, the rule has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the size, 
location, duration of the event. The effect of this rule will be small, 
as the duration of the security zone is for only six days. 
Additionally, vessels may be permitted to transit and navigate in 
waters adjacent to this security zone, minimizing any adverse impact. 
Maritime advisories will be broadcast. The Coast Guard anticipates 
negligible negative impact on vessel traffic from this temporary 
security zone. It will be in effect for only six days and will only 
affect waters adjacent to the western shore, northeast end of Goat 
Island, and the Goat Island Connector where there are no major 
channels, slips, marinas, or other waterfront facilities for 
recreational or commercial traffic. Additionally, the security zone is 
in effect in mid- to late-September when there is reduced vessel 
activity in the vicinity of Goat Island and vessels can transit safely 
around the security zone and in all other waters of Newport Harbor.

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 
would 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 would 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 calls for no 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 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 rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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 does 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,

[[Page 64068]]

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 the establishment of a temporary 250-
yard security zone in the navigable waters in the vicinity of Newport 
Harbor in conjunction with the 22nd International Seapower Symposium. 
Normally such actions are categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. An environmental analysis checklist and 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.

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), Reports 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; Department of Homeland Security Delegation No. 0170.1.


0
2. Add temporary Sec.  165.T01-0790 to read as follows:


Sec.  165.T01-0790  Security Zone: Goat Island, Newport, Rhode Island.

    (a) Location. The following area is a security zone: All navigable 
waters, from surface to bottom, within 250 yards of the western shore 
of Goat Island, Newport, Rhode Island, marked at its southern boundary 
by Goat Island Southwest Buoy ``1'' (U.S. Coast Guard Light List No. 
17825) in approximate position 41[deg]28'56.869'' N., 
71[deg]19'45.865'' W., and extending north parallel to the western 
shore to where it meets and includes an arc extending in a 250 yard 
radius around Newport Harbor Light (U.S. Coast Guard Light List No. 
17850) at position 41[deg]29'36.000'' N., 071[deg]19'37.800'' W. and 
extends to and includes waters within 250 yards on either side of the 
Goat Island Connector between Goat Island and Newport, Rhode Island.
    (b) Effective and enforcement period. This rule will be effective 
and enforced from 8:00 a.m. on September 18, 2016 to 8:00 p.m. on 
September 23, 2016.
    (c) Definitions. The following definitions apply to this section: 
``Designated on-scene patrol personnel'' means any commissioned, 
warrant and petty officers of the Coast Guard operating Coast Guard 
vessels who have been authorized to act on the behalf of the Captain of 
the Port, Southeastern New England.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.33 apply.
    (2) In accordance with the general regulations in Sec.  165.33 of 
this part, entry into or movement within this zone is prohibited unless 
authorized by the Captain of the Port, Southeastern New England.
    (3) All persons and vessels shall comply with the Coast Guard 
Captain of the Port or designated on-scene patrol personnel.
    (4) Upon being hailed by a Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel shall proceed 
as directed.
    (5) Persons and vessels may request permission to enter the zone on 
VHF-16.

    Dated: August 31, 2016.
J.A. Smith,
Commander, U.S. Coast Guard, Acting Captain of the Port, Southeastern 
New England.
[FR Doc. 2016-22464 Filed 9-16-16; 8:45 am]
 BILLING CODE 9110-04-P



                                             64066            Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations

                                             unauthorized disclosure or compromise                   consistent with the requirements of this              COTP Captain of the Port
                                             and ensures that the information is                     part; or at the conclusion of the                     DHS Department of Homeland Security
                                             safeguarded in a manner consistent with                 authorized period of up to two years if               FR Federal Register
                                                                                                                                                           NPRM Notice of proposed rulemaking
                                             Executive Order 13526; and,                             there is no renewal under § 1909.11.                  § Section
                                                (3) Limits any access granted to                       Dated: August 30, 2016.                             TFR Temporary Final Rule
                                             former Presidential or Vice Presidential                Joseph W. Lambert,                                    U.S.C. United States Code
                                             appointees and designees (or any
                                                                                                     Director, Information Management Services.            II. Background Information and
                                             research associate they select) to the
                                             items that the former Presidential or                   [FR Doc. 2016–21825 Filed 9–16–16; 8:45 am]           Regulatory History
                                             Vice Presidential appointee or designee                 BILLING CODE 6310–02–P                                   The Coast Guard is issuing this
                                             originated, reviewed, signed, or received                                                                     temporary final rule without prior
                                             while serving in that capacity.                                                                               notice and opportunity to comment
                                                (b) The Director of the Central                      DEPARTMENT OF HOMELAND                                pursuant to authority under section 4(a)
                                             Intelligence Agency reserves the                        SECURITY                                              of the Administrative Procedure Act
                                             authority to make a superseding                                                                               (APA) (5 U.S.C. 553(b)). This provision
                                             decision concerning whether or not to                   Coast Guard                                           authorizes an agency to issue a rule
                                             waive the need-to-know requirement                                                                            without prior notice and opportunity to
                                             and to grant access to classified CIA                   33 CFR Part 165                                       comment when the agency for good
                                             information under this part in any case                 [USCG–2016–0790]                                      cause finds that those procedures are
                                             only if he or she:                                                                                            ‘‘impracticable, unnecessary, or contrary
                                                (1) Determines in writing that access                RIN 1625–AA87                                         to the public interest.’’
                                             is consistent with the interests of                                                                              Under 5 U.S.C. 553(b)(B), the Coast
                                                                                                     Security Zone; 22nd International
                                             national security;                                                                                            Guard finds that good cause exists for
                                                                                                     Seapower Symposium, Goat Island,
                                                (2) Takes appropriate steps to protect                                                                     not publishing a NPRM with respect to
                                                                                                     Newport, RI
                                             classified information from                                                                                   this rule. Because of the sensitive
                                             unauthorized disclosure or compromise,                  AGENCY:    Coast Guard, DHS.                          security issues related to these special
                                             and ensures that the information is                     ACTION:   Temporary final rule.                       events, the Coast Guard was not aware
                                             safeguarded in a manner consistent with                                                                       of the final details with sufficient time
                                             Executive Order 13526; and,                             SUMMARY:    The Coast Guard is                        to solicit public comments. Thus,
                                                (3) Limits any historical access                     establishing a temporary security zone                waiting for a full comment period to run
                                             granted to former Presidential or Vice                  along the western shore of Goat Island,               would inhibit the Coast Guard’s ability
                                             Presidential appointees and designees                   Newport, Rhode Island, including the                  to keep senior military leaders and
                                             (or any research associate they select) to              vicinity of Newport Harbor Light at the               government officials, along with the
                                             the items that the former Presidential or               northeastern point of Goat Island to and              general public, safe from subversive acts
                                             Vice Presidential appointee or designee                 around the Goat Island Connector                      directed at these high visibility special
                                             originated, reviewed, signed, or received               between Goat Island and Newport,                      events. Providing a prolonged public
                                             while serving in that capacity.                         Rhode Island, in conjunction with the                 notice and comment period is contrary
                                                (c) The Senior Agency Official also                  22nd International Seapower                           to the public interest due to national
                                             may make a determination that a                         Symposium. Entry into this zone by any                security concerns.
                                             successive request for historical access                vessel or persons is prohibited unless                   We are issuing this rule, and under 5
                                             falls within the scope of an earlier                    specifically authorized by the Captain of             U.S.C. 553(d)(3), the Coast Guard finds
                                             waiver of the ‘‘need-to-know’’ criterion                the Port (COTP), Southeastern New                     that good cause exists for making this
                                             under section 4.4 of the Order, so long                 England or the COTP’s designated on-                  rule effective less than 30 days after
                                             as the extant waiver is no more than two                scene representative.                                 publication in the Federal Register. Any
                                             years old.                                              DATES: This rule is effective without                 delay encountered in this temporary
                                                                                                     actual notice from September 19, 2016                 rule’s effective date would be contrary
                                             § 1909.11   Notification of decision.                                                                         to the public interest given the
                                                                                                     until September 23, 2016. For the
                                               The Executive Secretary shall inform                  purposes of enforcement, actual notice                immediate need to ensure the safety and
                                             the requester of the final CIA decision                 will be used from September 18, 2016                  security of event attendees.
                                             and, if favorable, shall manage the                     until September 19, 2016.                             III. Legal Authority and Need for Rule
                                             access for such period of time as
                                                                                                     ADDRESSES: To view documents                             The Coast Guard is issuing this rule
                                             deemed required, but in no event for
                                                                                                     mentioned in this preamble as being                   under authority in 33 U.S.C. 1231;
                                             more than two years unless renewed by
                                                                                                     available in the docket, go to http://                which authorizes the Coast Guard to
                                             the Senior Agency Official, in
                                                                                                     www.regulations.gov, type USCG–2016–                  define Security Zones.
                                             accordance with the requirements of
                                                                                                     0790 in the ‘‘SEARCH’’ box and click                     This action is intended to temporarily
                                             this part for waiving need-to-know and
                                                                                                     ‘‘SEARCH.’’ Click on Open Docket                      prohibit vessel traffic from transiting
                                             granting access in the first instance.
                                                                                                     Folder on the line associated with this               within 250 yards of the western shore of
                                             § 1909.12   Termination of access.                      rule.                                                 Goat Island and within a 250 yard
                                               The Coordinator shall cancel any                      FOR FURTHER INFORMATION CONTACT: If                   radius of Newport Harbor Light at the
                                             authorization and deny any further                      you have questions on this temporary                  northeastern point of Goat Island and
                                             access whenever the Director of Security                rule, call or email Mr. Edward G.                     extending to 250 yards on either side of
                                             cancels the security clearance of any                   LeBlanc at Sector Southeastern New                    the Goat Island Connector between Goat
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                                             person who has been granted access to                   England; telephone (401) 435–2351,                    Island and Newport, Rhode Island, to
                                             classified CIA information under the                    email Edward.G.LeBlanc@uscg.mil.                      ensure the security of attendees to the
                                             part; or whenever the Senior Agency                     SUPPLEMENTARY INFORMATION:                            22nd International Seapower
                                             Official, or the Director of the Central                                                                      Symposium by properly safeguarding
                                             Intelligence Agency, determines that                    I. Table of Acronyms                                  against potential sabotage, subversive
                                             continued access would no longer be                     CFR    Code of Federal Regulations                    acts, or other threats.


                                        VerDate Sep<11>2014   14:11 Sep 16, 2016   Jkt 238001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\19SER1.SGM   19SER1


                                                              Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations                                       64067

                                             IV. Discussion of Comments, Changes,                       This regulatory action determination               Regulatory Fairness Boards. The
                                             and the Rule                                            is based on the size, location, duration              Ombudsman evaluates these actions
                                                The 22nd International Seapower                      of the event. The effect of this rule will            annually and rates each agency’s
                                             Symposium is being held on Goat                         be small, as the duration of the security             responsiveness to small business. If you
                                             Island, Newport, RI, from September 18                  zone is for only six days. Additionally,              wish to comment on actions by
                                                                                                     vessels may be permitted to transit and               employees of the Coast Guard, call 1–
                                             through September 23, 2016. High level
                                                                                                     navigate in waters adjacent to this                   888–REG–FAIR (1–888–734–3247). The
                                             U.S. officials and delegates from over
                                                                                                     security zone, minimizing any adverse                 Coast Guard will not retaliate against
                                             125 countries are expected to attend.
                                                                                                     impact. Maritime advisories will be                   small entities that question or complain
                                             Goat Island, the site of the 22nd
                                                                                                     broadcast. The Coast Guard anticipates                about this rule or any policy or action
                                             International Seapower Symposium, is
                                                                                                     negligible negative impact on vessel                  of the Coast Guard.
                                             waterfront property in Newport, Rhode
                                                                                                     traffic from this temporary security
                                             Island, within the Captain of the Port,                                                                       C. Collection of Information
                                                                                                     zone. It will be in effect for only six
                                             Southeastern New England zone.                                                                                  This rule calls for no new collection
                                                                                                     days and will only affect waters
                                                This rule establishes a temporary 250-                                                                     of information under the Paperwork
                                                                                                     adjacent to the western shore, northeast
                                             yard security zone in the navigable                     end of Goat Island, and the Goat Island               Reduction Act of 1995 (44 U.S.C. 3501–
                                             waters adjacent to the western shore of                 Connector where there are no major                    3520).
                                             Goat Island and in the vicinity of                      channels, slips, marinas, or other
                                             Newport Harbor Light at the                                                                                   D. Federalism and Indian Tribal
                                                                                                     waterfront facilities for recreational or
                                             northeastern point of Goat Island and                                                                         Governments
                                                                                                     commercial traffic. Additionally, the
                                             extending to 250 yards on either side of                security zone is in effect in mid- to late-              A rule has implications for federalism
                                             the Goat Island Connector between Goat                  September when there is reduced vessel                under Executive Order 13132,
                                             Island and Newport, Rhode Island,                       activity in the vicinity of Goat Island               Federalism, if it has a substantial direct
                                             where the 22nd International Seapower                   and vessels can transit safely around the             effect on the States, on the relationship
                                             Symposium is being held from                            security zone and in all other waters of              between the national government and
                                             September 18 through September 23,                      Newport Harbor.                                       the States, or on the distribution of
                                             2016. Vessels and persons will be                                                                             power and responsibilities among the
                                             prohibited from entering this security                  B. Impact on Small Entities                           various levels of government. We have
                                             zone during the 22nd International                         The Regulatory Flexibility Act of                  analyzed this rule under that Order and
                                             Seapower Symposium. The perimeter of                    1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                             the security zone along the western                     requires Federal agencies to consider                 with the fundamental federalism
                                             shore and northeast point of Goat Island                the potential impact of regulations on                principles and preemption requirements
                                             will be clearly marked by six special                   small entities during rulemaking. The                 described in Executive Order 13132.
                                             purpose white buoys with orange                         term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                             stripes. It has been determined that the                businesses, not-for-profit organizations              implications under Executive Order
                                             necessary security enhancements                         that are independently owned and                      13175, Consultation and Coordination
                                             provided by this rule greatly outweigh                  operated and are not dominant in their                with Indian Tribal Governments,
                                             any potential negative impacts. Public                  fields, and governmental jurisdictions                because it would not have a substantial
                                             notifications will be made prior to and                 with populations of less than 50,000.                 direct effect on one or more Indian
                                             during the entire effective period of this              The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                             security zone via marine information                    605(b) that this rule would not have a                Federal Government and Indian tribes,
                                             broadcasts and local notice to mariners.                significant economic impact on a                      or on the distribution of power and
                                                                                                     substantial number of small entities.                 responsibilities between the Federal
                                             V. Regulatory Analyses
                                                                                                        While some owners or operators of                  Government and Indian tribes. If you
                                               We developed this rule after                          vessels intending to transit the safety               believe this rule has implications for
                                             considering numerous statutes and                       zone may be small entities, for the                   federalism or Indian tribes, please
                                             executive orders relating to rulemaking.                reasons stated in section V.A above, this             contact the person listed in the FOR
                                             Below we summarize our analyses                         rule would not have a significant                     FURTHER INFORMATION CONTACT section.
                                             based on these statutes and executive                   economic impact on any vessel owner
                                             orders, and we discuss First                            or operator.                                          E. Unfunded Mandates Reform Act
                                             Amendment rights of protestors.                            Under section 213(a) of the Small                    The Unfunded Mandates Reform Act
                                                                                                     Business Regulatory Enforcement                       of 1995 (2 U.S.C. 1531–1538) requires
                                             A. Regulatory Planning and Review
                                                                                                     Fairness Act of 1996 (Public Law 104–                 Federal agencies to assess the effects of
                                                Executive Orders 12866 and 13563                     121), we want to assist small entities in             their discretionary regulatory actions. In
                                             direct agencies to assess the costs and                 understanding this rule. If the rule                  particular, the Act addresses actions
                                             benefits of available regulatory                        would affect your small business,                     that may result in the expenditure by a
                                             alternatives and, if regulation is                      organization, or governmental                         State, local, or tribal government, in the
                                             necessary, to select regulatory                         jurisdiction and you have questions                   aggregate, or by the private sector of
                                             approaches that maximize net benefits.                  concerning its provisions or options for              $100,000,000 (adjusted for inflation) or
                                             Executive Order 13563 emphasizes the                    compliance, please contact the person                 more in any one year. Though this rule
                                             importance of quantifying both costs                    listed in the FOR FURTHER INFORMATION                 does not result in such an expenditure,
                                             and benefits, of reducing costs, of                     CONTACT section.                                      we do discuss the effects of this rule
                                             harmonizing rules, and of promoting                        Small businesses may send comments
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                                                                                                                                                           elsewhere in this preamble.
                                             flexibility. This rule has not been                     on the actions of Federal employees
                                             designated a ‘‘significant regulatory                   who enforce, or otherwise determine                   F. Environment
                                             action,’’ under Executive Order 12866.                  compliance with, Federal regulations to                 We have analyzed this rule under
                                             Accordingly, the rule has not been                      the Small Business and Agriculture                    Department of Homeland Security
                                             reviewed by the Office of Management                    Regulatory Enforcement Ombudsman                      Management Directive 023–01 and
                                             and Budget.                                             and the Regional Small Business                       Commandant Instruction M16475.lD,


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                                             64068            Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations

                                             which guide the Coast Guard in                          western shore to where it meets and                   SUMMARY:    The Coast Guard is
                                             complying with the National                             includes an arc extending in a 250 yard               establishing a temporary 500-yard
                                             Environmental Policy Act of 1969 (42                    radius around Newport Harbor Light                    security zone on the waters adjacent to
                                             U.S.C. 4321–4370f), and have                            (U.S. Coast Guard Light List No. 17850)               Rosecliff Mansion and the Newport
                                             determined that this action is one of a                 at position 41°29′36.000″ N.,                         Marriott Hotel, in Newport, Rhode
                                             category of actions that do not                         071°19′37.800″ W. and extends to and                  Island, in conjunction with special
                                             individually or cumulatively have a                     includes waters within 250 yards on                   events of the U.S. Navy’s 22nd
                                             significant effect on the human                         either side of the Goat Island Connector              International Seapower Symposium.
                                             environment. This rule involves the                     between Goat Island and Newport,                      Vessels and people are prohibited from
                                             establishment of a temporary 250-yard                   Rhode Island.                                         entering these security zones.
                                             security zone in the navigable waters in                   (b) Effective and enforcement period.              DATES: This rule is effective from 4 p.m.
                                             the vicinity of Newport Harbor in                       This rule will be effective and enforced              on September 20, 2016 through 11:30
                                             conjunction with the 22nd International                 from 8:00 a.m. on September 18, 2016                  p.m. on September 22, 2016.
                                             Seapower Symposium. Normally such                       to 8:00 p.m. on September 23, 2016.                   ADDRESSES: To view documents
                                             actions are categorically excluded from                    (c) Definitions. The following                     mentioned in this preamble as being
                                             further review under paragraph 34(g) of                 definitions apply to this section:                    available in the docket, go to http://
                                             Figure 2–1 of Commandant Instruction                    ‘‘Designated on-scene patrol personnel’’              www.regulations.gov, type USCG–2016–
                                             M16475.lD. An environmental analysis                    means any commissioned, warrant and                   0813 in the ‘‘SEARCH’’ box and click
                                             checklist and Categorical Exclusion                     petty officers of the Coast Guard                     ‘‘SEARCH.’’ Click on Open Docket
                                             Determination will be available in the                  operating Coast Guard vessels who have                Folder on the line associated with this
                                             docket where indicated under                            been authorized to act on the behalf of               rule.
                                             ADDRESSES. We seek any comments or                      the Captain of the Port, Southeastern
                                                                                                                                                           FOR FURTHER INFORMATION CONTACT: If
                                             information that may lead to the                        New England.
                                                                                                        (d) Regulations. (1) The general                   you have questions on this temporary
                                             discovery of a significant environmental                                                                      rule, call or email Mr. Edward G.
                                             impact from this rule.                                  regulations contained in 33 CFR 165.33
                                                                                                     apply.                                                LeBlanc at Sector Southeastern New
                                             G. Protest Activities                                      (2) In accordance with the general                 England, telephone (401) 435–2351,
                                                                                                     regulations in § 165.33 of this part, entry           email Edward.G.LeBlanc@uscg.mil.
                                               The Coast Guard respects the First
                                             Amendment rights of protesters.                         into or movement within this zone is                  SUPPLEMENTARY INFORMATION:
                                             Protesters are asked to contact the                     prohibited unless authorized by the                   I. Table of Acronyms
                                             person listed in the FOR FURTHER                        Captain of the Port, Southeastern New
                                                                                                     England.                                              CFR Code of Federal Regulations
                                             INFORMATION CONTACT section to
                                                                                                        (3) All persons and vessels shall                  COTP Captain of the Port
                                             coordinate protest activities so that your                                                                    DHS Department of Homeland Security
                                             message can be received without                         comply with the Coast Guard Captain of                FR Federal Register
                                             jeopardizing the safety or security of                  the Port or designated on-scene patrol                NPRM Notice of proposed rulemaking
                                             people, places or vessels.                              personnel.                                            § Section
                                                                                                        (4) Upon being hailed by a Coast                   TFR Temporary Final Rule
                                             List of Subjects in 33 CFR Part 165                     Guard vessel by siren, radio, flashing                U.S.C. United States Code
                                               Harbors, Marine safety, Navigation                    light or other means, the operator of the
                                                                                                                                                           II. Background, Purpose, and Legal
                                             (water), Reports and recordkeeping                      vessel shall proceed as directed.
                                                                                                        (5) Persons and vessels may request                Basis
                                             requirements, Security measures,
                                             Waterways.                                              permission to enter the zone on VHF–                     The Coast Guard is issuing this
                                               For the reasons discussed in the                      16.                                                   temporary final rule without prior
                                             preamble, the Coast Guard amends 33                       Dated: August 31, 2016.                             notice and opportunity to comment
                                             CFR part 165 as follows:                                                                                      pursuant to authority under section 4(a)
                                                                                                     J.A. Smith,
                                                                                                                                                           of the Administrative Procedure Act
                                                                                                     Commander, U.S. Coast Guard, Acting
                                             PART 165—REGULATED NAVIGATION                                                                                 (APA) (5 U.S.C. 553(b)). This provision
                                                                                                     Captain of the Port, Southeastern New
                                             AREAS AND LIMITED ACCESS AREAS                          England.                                              authorizes an agency to issue a rule
                                                                                                                                                           without prior notice and opportunity to
                                                                                                     [FR Doc. 2016–22464 Filed 9–16–16; 8:45 am]
                                             ■ 1. The authority citation for part 165                                                                      comment when the agency for good
                                                                                                     BILLING CODE 9110–04–P
                                             continues to read as follows:                                                                                 cause finds that those procedures are
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                   ‘‘impracticable, unnecessary, or contrary
                                             33 CFR 1.05–1, 6.04–1, 6.04–6; Department of            DEPARTMENT OF HOMELAND                                to the public interest.’’
                                             Homeland Security Delegation No. 0170.1.                SECURITY                                                 Under 5 U.S.C. 553(b)(B), the Coast
                                             ■ 2. Add temporary § 165.T01–0790 to                                                                          Guard finds that good cause exists for
                                             read as follows:                                        Coast Guard                                           not publishing a NPRM with respect to
                                                                                                                                                           this rule. Because of the sensitive
                                             § 165.T01–0790 Security Zone: Goat                      33 CFR Part 165                                       security issues related to these special
                                             Island, Newport, Rhode Island.                                                                                events, the Coast Guard was not aware
                                                (a) Location. The following area is a                [USCG–2016–0813]                                      of the final details with sufficient time
                                             security zone: All navigable waters,                    RIN 1625–AA87                                         to solicit public comments. Thus,
                                             from surface to bottom, within 250                                                                            waiting for a full comment period to run
                                             yards of the western shore of Goat                      Security Zone; 22nd International                     would inhibit the Coast Guard’s ability
rmajette on DSK2TPTVN1PROD with RULES




                                             Island, Newport, Rhode Island, marked                   Seapower Symposium Special Events,                    to keep senior military leaders and
                                             at its southern boundary by Goat Island                 Rosecliff Mansion and Newport                         government officials, along with the
                                             Southwest Buoy ‘‘1’’ (U.S. Coast Guard                  Marriott Hotel, Newport, RI                           general public, safe from subversive acts
                                             Light List No. 17825) in approximate                    AGENCY:    Coast Guard, DHS.                          directed at these high visibility special
                                             position 41°28′56.869″ N., 71°19′45.865″                                                                      events. Providing a prolonged public
                                                                                                     ACTION:   Temporary final rule.
                                             W., and extending north parallel to the                                                                       notice and comment period is contrary


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Document Created: 2016-09-17 02:30:39
Document Modified: 2016-09-17 02:30:39
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 without actual notice from September 19, 2016 until September 23, 2016. For the purposes of enforcement, actual notice will be used from September 18, 2016 until September 19, 2016.
ContactIf you have questions on this temporary rule, call or email Mr. Edward G. LeBlanc at Sector Southeastern New England; telephone (401) 435-2351, email [email protected]
FR Citation81 FR 64066 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reports and Recordkeeping Requirements; Security Measures and Waterways

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