81_FR_64249 81 FR 64068 - Security Zone; 22nd International Seapower Symposium Special Events, Rosecliff Mansion and Newport Marriott Hotel, Newport, RI

81 FR 64068 - Security Zone; 22nd International Seapower Symposium Special Events, Rosecliff Mansion and Newport Marriott Hotel, Newport, RI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range64068-64070
FR Document2016-22463

The Coast Guard is establishing a temporary 500-yard security zone on the waters adjacent to Rosecliff Mansion and the Newport Marriott Hotel, in Newport, Rhode Island, in conjunction with special events of the U.S. Navy's 22nd International Seapower Symposium. Vessels and people are prohibited from entering these security zones.

Federal Register, Volume 81 Issue 181 (Monday, September 19, 2016)
[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Rules and Regulations]
[Pages 64068-64070]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22463]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2016-0813]
RIN 1625-AA87


Security Zone; 22nd International Seapower Symposium Special 
Events, Rosecliff Mansion and Newport Marriott Hotel, Newport, RI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary 500-yard security 
zone on the waters adjacent to Rosecliff Mansion and the Newport 
Marriott Hotel, in Newport, Rhode Island, in conjunction with special 
events of the U.S. Navy's 22nd International Seapower Symposium. 
Vessels and people are prohibited from entering these security zones.

DATES: This rule is effective from 4 p.m. on September 20, 2016 through 
11:30 p.m. on September 22, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0813 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, Purpose, and Legal Basis

    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

[[Page 64069]]

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. For the same 
reasons discussed in the preceding paragraph, delaying the effective 
date of this rule would be contrary to the public interest.

III. Legal Authority and Need for Rule

    The legal authority for this rule is 33 U.S.C. 1231 which 
authorizes the Coast Guard to define Security Zones.
    The 22nd International Seapower Symposium is being held on Goat 
Island, Newport, RI, from September 18 to September 23, 2016. High 
level U.S. officials and delegates from over 125 countries are expected 
to attend. As part of the Symposium, special events are being held on 
the evenings of Tuesday, September 20 and Thursday, September 22, 2016, 
at Rosecliff Mansion and the Newport Marriott Hotel, respectively, 
which are waterfront properties in Newport, Rhode Island, and within 
the COTP, Southeastern New England zone. The COTP has determined that 
it is necessary to temporarily prohibit vessel traffic from transiting 
within 500 yards of Rosecliff Mansion (approximate position 41[deg]-
27'54'' N., 071[deg]-18'18'' W.) and the Newport Marriott Hotel 
(approximate position 41[deg]-29'23'' N., 071[deg]-19'04'' W.), 
Newport, RI, to safeguard the symposium attendees against potential 
sabotage, subversive acts, or other threats.

IV. Discussion of the Rule

    For the reasons discussed above, this rule establishes temporary 
500-yard security zones in the navigable waters adjacent to Rosecliff 
Mansion (approximate position 41[deg]-27'54'' N., 071[deg]-18'18'' W.) 
and the Newport Marriott Hotel (approximate position 41[deg]-29'23'' 
N., 071[deg]-19'04'' W.) respectively, in Newport, Rhode Island. These 
security zones will be effective and enforced at Rosecliff Mansion and 
the Newport Marriott Hotel from 4 p.m. to 11:30 p.m. on Tuesday, 
September 20 and Thursday, September 22, 2016, respectively. Vessels 
and persons will be prohibited from entering these security zones 
during this time.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders, 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.
    The Coast Guard expects the economic impact of this rule to be 
minimal, such that a full regulatory evaluation under the regulatory 
policies and procedures of DHS is unnecessary. The effect of this rule 
will be small, as the duration of the security zones is for only seven 
and a half hours on two separate evenings. Additionally, vessels may be 
permitted to transit and navigate in waters adjacent to this security 
zones, minimizing any adverse impact. Maritime advisories will be 
broadcasted.

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 
security zones 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
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

[[Page 64070]]

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, 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 temporary security zones for special 
events being held 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 are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

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, and 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 temporary Sec.  165.T01-0813 to read as follows:


Sec.  165.T01-0813  Security Zones: Rosecliff Mansion and Newport 
Marriott Hotel, Newport, Rhode Island.

    (a) Location. The following areas are security zones: All navigable 
waters, from surface to bottom, within 500 yards of Rosecliff Mansion 
(approximate position 41[deg]-27'54'' N., 071[deg]-18'18'' W.) and the 
Newport Marriott Hotel (approximate position 41[deg]-29'23'' N., 
071[deg]-19'04'' W.), Newport, Rhode Island.
    (b) Effective and enforcement period. This rule will be effective 
and enforced from 4 p.m. to 11:30 p.m. on Tuesday, September 20, 2016 
at Rosecliff Mansion, and from 4 p.m. to 11:30 p.m. on Thursday, 
September 22, 2016, at the Newport Marriott Hotel.
    (c) Definitions. The following definitions apply to this section: 
``Designated on-scene patrol personnel'' means any commissioned, 
warrant and petty officers of the U.S. 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 
165.30 and 165.33 apply.
    (2) In accordance with the general regulations in 33 CFR 165.33 of 
this part, entry into or movement within these zones is prohibited 
unless authorized by the Captain of the Port, Southeastern New England.
    (3) Any vessel permitted to enter these security zones shall comply 
with the Coast Guard Captain of the Port or designated on-scene patrol 
personnel.
    (4) Upon being hailed by a U.S. 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. 2016-22463 Filed 9-16-16; 8:45 am]
 BILLING CODE 9110-04-P



                                             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


                                        VerDate Sep<11>2014   14:11 Sep 16, 2016   Jkt 238001   PO 00000   Frm 00018   Fmt 4700   Sfmt 4700   E:\FR\FM\19SER1.SGM   19SER1


                                                              Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations                                       64069

                                             to the public interest due to national                  A. Regulatory Planning and Review                     would affect your small business,
                                             security concerns.                                         Executive Orders 12866 and 13563                   organization, or governmental
                                                We are issuing this rule, and under 5                                                                      jurisdiction and you have questions
                                                                                                     direct agencies to assess the costs and
                                             U.S.C. 553(d)(3), the Coast Guard finds                                                                       concerning its provisions or options for
                                                                                                     benefits of available regulatory
                                             that good cause exists for making this                                                                        compliance, please contact the person
                                                                                                     alternatives and, if regulation is
                                             rule effective less than 30 days after                                                                        listed in the FOR FURTHER INFORMATION
                                                                                                     necessary, to select regulatory
                                             publication in the Federal Register. For                                                                      CONTACT section.
                                                                                                     approaches that maximize net benefits.
                                             the same reasons discussed in the                                                                                Small businesses may send comments
                                                                                                     Executive Order 13563 emphasizes the
                                             preceding paragraph, delaying the                                                                             on the actions of Federal employees
                                                                                                     importance of quantifying both costs
                                             effective date of this rule would be                                                                          who enforce, or otherwise determine
                                                                                                     and benefits, of reducing costs, of
                                             contrary to the public interest.                                                                              compliance with, Federal regulations to
                                                                                                     harmonizing rules, and of promoting
                                                                                                                                                           the Small Business and Agriculture
                                             III. Legal Authority and Need for Rule                  flexibility. This rule has not been
                                                                                                                                                           Regulatory Enforcement Ombudsman
                                                The legal authority for this rule is 33              designated a ‘‘significant regulatory
                                                                                                                                                           and the Regional Small Business
                                             U.S.C. 1231 which authorizes the Coast                  action,’’ under Executive Order 12866.
                                                                                                                                                           Regulatory Fairness Boards. The
                                             Guard to define Security Zones.                         Accordingly, the rule has not been
                                                                                                                                                           Ombudsman evaluates these actions
                                                The 22nd International Seapower                      reviewed by the Office of Management
                                                                                                                                                           annually and rates each agency’s
                                             Symposium is being held on Goat                         and Budget.
                                                                                                                                                           responsiveness to small business. If you
                                             Island, Newport, RI, from September 18                     The Coast Guard expects the
                                                                                                                                                           wish to comment on actions by
                                             to September 23, 2016. High level U.S.                  economic impact of this rule to be
                                                                                                                                                           employees of the Coast Guard, call 1–
                                             officials and delegates from over 125                   minimal, such that a full regulatory
                                                                                                                                                           888–REG–FAIR (1–888–734–3247). The
                                             countries are expected to attend. As part               evaluation under the regulatory policies
                                                                                                                                                           Coast Guard will not retaliate against
                                             of the Symposium, special events are                    and procedures of DHS is unnecessary.
                                                                                                                                                           small entities that question or complain
                                             being held on the evenings of Tuesday,                  The effect of this rule will be small, as
                                                                                                                                                           about this rule or any policy or action
                                             September 20 and Thursday, September                    the duration of the security zones is for
                                                                                                                                                           of the Coast Guard.
                                             22, 2016, at Rosecliff Mansion and the                  only seven and a half hours on two
                                             Newport Marriott Hotel, respectively,                   separate evenings. Additionally, vessels              C. Collection of Information
                                             which are waterfront properties in                      may be permitted to transit and navigate                This rule calls for no new collection
                                             Newport, Rhode Island, and within the                   in waters adjacent to this security zones,            of information under the Paperwork
                                             COTP, Southeastern New England zone.                    minimizing any adverse impact.                        Reduction Act of 1995 (44 U.S.C. 3501–
                                             The COTP has determined that it is                      Maritime advisories will be broadcasted.              3520).
                                             necessary to temporarily prohibit vessel                B. Impact on Small Entities
                                             traffic from transiting within 500 yards                                                                      D. Federalism and Indian Tribal
                                             of Rosecliff Mansion (approximate                          The Regulatory Flexibility Act of                  Governments
                                             position 41°-27′54″ N., 071°-18′18″ W.)                 1980, 5 U.S.C. 601–612, as amended,                      A rule has implications for federalism
                                             and the Newport Marriott Hotel                          requires Federal agencies to consider                 under Executive Order 13132,
                                             (approximate position 41°-29′23″ N.,                    the potential impact of regulations on                Federalism, if it has a substantial direct
                                             071°-19′04″ W.), Newport, RI, to                        small entities during rulemaking. The                 effect on the States, on the relationship
                                             safeguard the symposium attendees                       term ‘‘small entities’’ comprises small               between the national government and
                                             against potential sabotage, subversive                  businesses, not-for-profit organizations              the States, or on the distribution of
                                             acts, or other threats.                                 that are independently owned and                      power and responsibilities among the
                                                                                                     operated and are not dominant in their                various levels of government. We have
                                             IV. Discussion of the Rule                              fields, and governmental jurisdictions                analyzed this rule under that Order and
                                               For the reasons discussed above, this                 with populations of less than 50,000.                 have determined that it is consistent
                                             rule establishes temporary 500-yard                     The Coast Guard certifies under 5 U.S.C.              with the fundamental federalism
                                             security zones in the navigable waters                  605(b) that this rule would not have a                principles and preemption requirements
                                             adjacent to Rosecliff Mansion                           significant economic impact on a                      described in Executive Order 13132.
                                             (approximate position 41°-27′54″ N.,                    substantial number of small entities.                    Also, this rule does not have tribal
                                             071°-18′18″ W.) and the Newport                            While some owners or operators of                  implications under Executive Order
                                             Marriott Hotel (approximate position                    vessels intending to transit the security             13175, Consultation and Coordination
                                             41°-29′23″ N., 071°-19′04″ W.)                          zones may be small entities, for the                  with Indian Tribal Governments,
                                             respectively, in Newport, Rhode Island.                 reasons stated in section V.A above this              because it would not have a substantial
                                             These security zones will be effective                  rule would not have a significant                     direct effect on one or more Indian
                                             and enforced at Rosecliff Mansion and                   economic impact on any vessel owner                   tribes, on the relationship between the
                                             the Newport Marriott Hotel from 4 p.m.                  or operator.                                          Federal Government and Indian tribes,
                                             to 11:30 p.m. on Tuesday, September 20                     If you think that your business,                   or on the distribution of power and
                                             and Thursday, September 22, 2016,                       organization, or governmental                         responsibilities between the Federal
                                             respectively. Vessels and persons will                  jurisdiction qualifies as a small entity              Government and Indian tribes. If you
                                             be prohibited from entering these                       and that this rule would have a                       believe this rule has implications for
                                             security zones during this time.                        significant economic impact on it,                    federalism or Indian tribes, please
                                                                                                     please submit a comment (see                          contact the person listed in the FOR
                                             V. Regulatory Analyses                                  ADDRESSES) explaining why you think it                FURTHER INFORMATION CONTACT section.
                                               We developed this rule after                          qualifies and how and to what degree
rmajette on DSK2TPTVN1PROD with RULES




                                             considering numerous statutes and                       this rule would economically affect it.               E. Unfunded Mandates Reform Act
                                             executive orders related to rulemaking.                    Under section 213(a) of the Small                    The Unfunded Mandates Reform Act
                                             Below we summarize our analyses                         Business Regulatory Enforcement                       of 1995 (2 U.S.C. 1531–1538) requires
                                             based on these statutes and executive                   Fairness Act of 1996 (Pub. L. 104–121),               Federal agencies to assess the effects of
                                             orders, and we discuss First                            we want to assist small entities in                   their discretionary regulatory actions. In
                                             Amendment rights of protestors.                         understanding this rule. If the rule                  particular, the Act addresses actions


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                                             64070            Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations

                                             that may result in the expenditure by a                 ■ 2. Add temporary § 165.T01–0813 to                  ENVIRONMENTAL PROTECTION
                                             State, local, or tribal government, in the              read as follows:                                      AGENCY
                                             aggregate, or by the private sector of
                                             $100,000,000 (adjusted for inflation) or                § 165.T01–0813 Security Zones: Rosecliff              40 CFR Part 52
                                             more in any one year. Though this rule                  Mansion and Newport Marriott Hotel,
                                                                                                     Newport, Rhode Island.                                [EPA–R02–OAR–2016–0389; FRL–9952–41–
                                             does not result in such an expenditure,
                                                                                                                                                           Region 2]
                                             we do discuss the effects of this rule                     (a) Location. The following areas are
                                             elsewhere in this preamble.                             security zones: All navigable waters,                 Partial Approval and Partial
                                             F. Environment                                          from surface to bottom, within 500                    Disapproval of Air Quality
                                                                                                     yards of Rosecliff Mansion (approximate               Implementation Plans; NJ;
                                               We have analyzed this rule under                      position 41°¥27′54″ N., 071°¥18′18″                   Infrastructure SIP Requirements for
                                             Department of Homeland Security                         W.) and the Newport Marriott Hotel                    2008 Lead, 2008 Ozone, 2010 Nitrogen
                                             Management Directive 023–01 and                         (approximate position 41°¥29′23″ N.,                  Dioxide, 2010 Sulfur Dioxide, and 2012
                                             Commandant Instruction M16475.lD,                       071°¥19′04″ W.), Newport, Rhode                       PM2.5, 2006 PM10 and 2011 Carbon
                                             which guide the Coast Guard in                          Island.                                               Monoxide NAAQS: Interstate Transport
                                             complying with the National                                                                                   Provisions
                                             Environmental Policy Act of 1969 (42                       (b) Effective and enforcement period.
                                             U.S.C. 4321–4370f), and have                            This rule will be effective and enforced              AGENCY:  Environmental Protection
                                             determined that this action is one of a                 from 4 p.m. to 11:30 p.m. on Tuesday,                 Agency (EPA).
                                             category of actions that do not                         September 20, 2016 at Rosecliff                       ACTION: Final rule.
                                             individually or cumulatively have a                     Mansion, and from 4 p.m. to 11:30 p.m.
                                             significant effect on the human                         on Thursday, September 22, 2016, at the               SUMMARY:    The Environmental Protection
                                             environment. This rule involves the                     Newport Marriott Hotel.                               Agency (EPA) is partially approving and
                                             establishment of temporary security                                                                           partially disapproving elements of a
                                                                                                        (c) Definitions. The following
                                             zones for special events being held in                                                                        New Jersey State Implementation Plan
                                                                                                     definitions apply to this section:                    (SIP) submittal pertaining to the
                                             conjunction with the 22nd International                 ‘‘Designated on-scene patrol personnel’’
                                             Seapower Symposium. Normally such                                                                             infrastructure requirements of section
                                                                                                     means any commissioned, warrant and                   110(a)(1) and (2) of the Clean Air Act
                                             actions are categorically excluded from                 petty officers of the U.S. Coast Guard
                                             further review under paragraph 34(g) of                                                                       (CAA) for the 2008 Lead, 2008 Ozone,
                                                                                                     operating Coast Guard vessels who have                2010 Nitrogen Dioxide (NO2), 2010
                                             Figure 2–1 of Commandant Instruction
                                                                                                     been authorized to act on the behalf of               Sulfur Dioxide (SO2), 2011 Carbon
                                             M16475.lD. An environmental analysis
                                             checklist and Categorical Exclusion                     the Captain of the Port, Southeastern                 Monoxide (CO), 2006 Particulate Matter
                                             Determination are available in the                      New England.                                          of ten microns or less (PM10), and 2012
                                             docket where indicated under                               (d) Regulations. (1) The general                   Particulate Matter of 2.5 microns or less
                                             ADDRESSES. We seek any comments or                      regulations contained in 33 CFR 165.30                (PM2.5) National Ambient Air Quality
                                             information that may lead to the                        and 165.33 apply.                                     Standards (NAAQS). The infrastructure
                                             discovery of a significant environmental                                                                      requirements are designed to ensure that
                                                                                                        (2) In accordance with the general                 the structural components of each
                                             impact from this rule.                                  regulations in 33 CFR 165.33 of this                  state’s air quality management program
                                             G. Protest Activities                                   part, entry into or movement within                   are adequate to meet the state’s
                                                                                                     these zones is prohibited unless                      responsibilities under the CAA. This
                                               The Coast Guard respects the First                    authorized by the Captain of the Port,
                                             Amendment rights of protesters.                                                                               action pertains specifically to
                                                                                                     Southeastern New England.                             infrastructure requirements relating to
                                             Protesters are asked to contact the
                                             person listed in the FOR FURTHER                           (3) Any vessel permitted to enter                  interstate transport provisions
                                             INFORMATION CONTACT section to                          these security zones shall comply with                concerning the Prevention of Significant
                                             coordinate protest activities so that your              the Coast Guard Captain of the Port or                Deterioration of Air Quality (PSD)
                                             message can be received without                         designated on-scene patrol personnel.                 regulations, and visibility protection.
                                             jeopardizing the safety or security of                     (4) Upon being hailed by a U.S. Coast              DATES: This rule is effective on October
                                             people, places or vessels.                              Guard vessel by siren, radio, flashing                19, 2016.
                                                                                                     light or other means, the operator of the             ADDRESSES: The EPA has established a
                                             List of Subjects in 33 CFR Part 165
                                                                                                     vessel shall proceed as directed.                     docket for this action under Docket ID
                                               Harbors, Marine safety, Navigation                                                                          No. EPA–R02–OAR–2016–0389. All
                                             (water), Reports and recordkeeping                         (5) Persons and vessels may request                documents in the docket are listed on
                                             requirements, Security measures, and                    permission to enter the zone on VHF–                  the http://www.regulations.gov Web
                                             Waterways.                                              16.                                                   site. Although listed in the index, some
                                               For the reasons discussed in the                        Dated: August 31, 2016.                             information is not publicly available,
                                             preamble, the Coast Guard amends 33                     J.A. Smith,                                           e.g., Confidential Business Information
                                             CFR part 165 as follows:                                Commander, U.S. Coast Guard, Acting                   or other information whose disclosure is
                                                                                                     Captain of the Port, Southeastern New                 restricted by statute. Certain other
                                             PART 165—REGULATED NAVIGATION                           England.                                              material, such as copyrighted material,
                                             AREAS AND LIMITED ACCESS AREAS                          [FR Doc. 2016–22463 Filed 9–16–16; 8:45 am]
                                                                                                                                                           is not placed on the Internet and will be
                                                                                                                                                           publicly available only in hard copy.
rmajette on DSK2TPTVN1PROD with RULES




                                                                                                     BILLING CODE 9110–04–P
                                             ■ 1. The authority citation for part 165                                                                      Publicly available docket materials are
                                             continues to read as follows:                                                                                 available either electronically through
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                   http://www.regulations.gov or please
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                     contact the person identified in the FOR
                                             Department of Homeland Security Delegation                                                                    FURTHER INFORMATION CONTACT section
                                             No. 0170.1.                                                                                                   for additional information.


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Document Created: 2016-09-17 02:29:38
Document Modified: 2016-09-17 02:29:38
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 from 4 p.m. on September 20, 2016 through 11:30 p.m. on September 22, 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 64068 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reports and Recordkeeping Requirements; Security Measures and Waterways

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