82_FR_23237 82 FR 23140 - Special Local Regulations and Safety Zones; Annually Recurring Events in Coast Guard Southeastern New England Captain of the Port Zone

82 FR 23140 - Special Local Regulations and Safety Zones; Annually Recurring Events in Coast Guard Southeastern New England Captain of the Port Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 97 (May 22, 2017)

Page Range23140-23143
FR Document2017-10387

The Coast Guard is amending a special local regulation to change the method of providing notice to the public when enforcing the safety zone associated with the biennial Newport/Bermuda Race. The Coast Guard is also establishing permanent safety zones in Coast Guard Southeastern New England Captain of the Port (COTP) Zone for two recurring marine events. When the special local regulation or safety zones are activated and subject to enforcement, vessels and people will be restricted from portions of water areas that may pose a hazard to public safety. The revised special local regulation and safety zones will expedite public notification of the applicable marine events, and help protect the maritime public and event participants from hazards associated with these recurring marine events.

Federal Register, Volume 82 Issue 97 (Monday, May 22, 2017)
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Rules and Regulations]
[Pages 23140-23143]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10387]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100 and 165

[Docket No. USCG-2016-1022]
RIN 1625-AA08; AA00


Special Local Regulations and Safety Zones; Annually Recurring 
Events in Coast Guard Southeastern New England Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending a special local regulation to 
change the method of providing notice to the public when enforcing the 
safety zone associated with the biennial Newport/Bermuda Race. The 
Coast Guard is also establishing permanent safety zones in Coast Guard 
Southeastern New England Captain of the Port (COTP) Zone for two 
recurring marine events. When the special local regulation or safety 
zones are activated and subject to enforcement, vessels and people will 
be restricted from portions of water areas that may pose a hazard to 
public safety. The revised special local regulation and safety zones 
will expedite public notification of the applicable marine events, and 
help protect the maritime public and event participants from hazards 
associated with these recurring marine events.

DATES: This rule is effective June 21, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-1022 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 about this rule, 
contact Mr. Edward G. LeBlanc, Chief of the Waterways Management 
Division at Coast Guard Sector Southeastern New England, telephone 401-
435-2351, email [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 23141]]

I. Table of Acronyms

CFR Code of Federal Regulations
COTP Captain of the Port
DHS epartment of Homeland Security
FR Federal Register
LNTM Local Notice To Mariners
NOE Notice of Enforcement
NPRM Notice of proposed rulemaking
Sec.  Section
TFR Temporary Final Rule
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 9, 2017, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Special Local Regulations and Safety Zones; 
Annually Recurring Marine Events in Coast Guard Southeastern New 
England Captain of the Port Zone'' (82 FR 13081). There we stated why 
we issued the NPRM, and invited comments on our regulatory action. 
During the comment period that ended on April 10, 2017, we received no 
comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231, 1233; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; and 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to define safety zones and 
special local regulations.
    The Captain of the Port (COTP) Southeastern New England has 
determined that this rule will improve the method of providing notice 
to the public when enforcing the safety zone associated with the 
biennial Newport/Bermuda Race. The COTP Southeastern New England has 
also determined that establishing permanent safety zones for both the 
Fall River Grand Prix and the Cape Cod Bay Challenge will enhance the 
safety of vessels and the navigable waters in the safety zone during 
these scheduled events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
March 9, 2017. There are no changes in the regulatory text of this rule 
from the proposed rule in the NPRM. This rule amends a special local 
regulation to change the method of providing notice to the public when 
enforcing the safety zone associated with the biennial Newport/Bermuda 
Race. This rule also establishes permanent safety zones in Coast Guard 
Southeastern New England Captain of the Port (COTP) Zone for two 
recurring marine events: (1) The Fall River Grand Prix, and (2) the 
Cape Cod Bay Challenge. The two events will be included in the Table at 
33 CFR 165.173, which is a listing of recurring major marine events in 
the Coast Guard Southeastern New England COTP Zone. The TABLE provides 
the event name, type, and approximate safety zone dimensions as well as 
approximate dates, times, and locations of the events. The specific 
times, dates, regulated areas and enforcement period for each event 
will be provided through the Local Notice to Mariners.
    When the special local regulation or safety zones are activated and 
subject to enforcement, vessels and people will be restricted from 
portions of water areas that may pose a hazard to public safety. The 
revised special local regulation and safety zones will expedite public 
notification of the applicable marine events, and help protect the 
maritime public and event participants from hazards associated with 
these recurring marine events.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget.
    With respect to the change in method of providing the NOE for the 
Newport/Bermuda Race, this rule utilizes an approach that the Coast 
Guard believes is more effective, less costly, and more flexible. By 
utilizing an LNTM to provide the NOE for the Newport/Bermuda race, the 
Coast Guard will be able to better inform waterway users in a timelier 
manner.
    With respect to the safety zones for the recurring marine events, 
this regulatory action determination is based on the size, location, 
duration, and time-of-day of the safety zone. Vessels will only be 
restricted from safety zones and special local regulation areas for a 
short duration of time; vessels may transit in all portions of the 
affected waterway except for those areas covered by the regulated 
areas, and vessels may enter or pass through the affected waterway with 
the permission of the COTP or the COTP's representative. By including 
these two recurring marine events in the permanent regulation at 33 CFR 
165.173, the Coast Guard is eliminating the need to establish 
individual temporary rules for each separate event that occurs on an 
annual basis, thereby limiting the costs of repetitive rulemaking.
    Notifications will be made to the local maritime community through 
the LNTM in advance of the events. The notifications will include the 
exact dates and times of enforcement, and no new or additional 
restrictions will be imposed on vessel traffic.

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 
does 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 zones may be small entities, for the reasons stated in section 
IV above this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (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

[[Page 23142]]

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

D. Federalism and Indian Tribal Governments

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

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, 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 makes an administrative change to the method of notification of 
one marine event, and involves the establishment of temporary safety 
zones in conjunction with two recurring marine events in Southeastern 
New England COTP Zone. These actions are categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of Commandant 
Instruction M16475.lD. A Record of Environmental Consideration (REC) 
supporting this determination is available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
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

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record-keeping 
requirements, Waterways.

33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. In Sec.  100.119, revise paragraph (c) to read as follows:


Sec.  100.119  Newport-Bermuda Regatta, Narragansett Bay, Newport, RI.

* * * * *
    (c) Effective date. This section is in effect biennially on a date 
and times published in the Local Notice to Mariners.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. 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
 4. In Sec.  165.173, add sections 8.4 and 8.5 to the Table to read as 
follows:


Sec.  165.173  Safety Zones for annually recurring marine events held 
in Coast Guard Southeastern New England Captain of the Port Zone.

* * * * *

                         Table to Sec.   165.173
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                              * * * * * * *
8.0                                              AUGUST
------------------------------------------------------------------------
 
                              * * * * * * *
8.4 Fall River Grand Prix....   Event Type: Offshore powerboat
                                race
                                Date: One weekend (Friday,
                                Saturday, & Sunday) in August as
                                announced in the Local Notice to
                                Mariners.
                                Time: Approximately 8:00 a.m. to
                                5 p.m. daily
                                Location: Taunton River,
                                Massachusetts, in the vicinity of Fall
                                River and Somerset, MA.
                                Safety Zone Dimension: Mt Hope
                                Bay and the Taunton River navigation
                                channel from approximately Mt Hope Bay
                                buoy R10 southwest of Brayton Point
                                channel, and extending approximately two
                                miles to the northeast up to and
                                including Mt Hope Bay buoy C17 north of
                                the Braga Bridge. The safety zone is
                                encompassed by the following coordinates
                                (NAD 83):
 

[[Page 23143]]

 
                                  Corner Latitude Longitude
                               SW., 41[deg]41.40' N., 71[deg]11.15' W.
                               NW., 41[deg]41.48' N., 71[deg]11.15' W.
                               SE., 41[deg]42.33' N., 71[deg]09.40' W.
                               NE., 41[deg]42.42' N., 71[deg]09.47' W.
------------------------------------------------------------------------
8.5 Cape Cod Bay Challenge...   Event Type: Paddleboard
                                excursion.
                                Date: One weekend day (Saturday
                                or Sunday) in August.
                                Time: Approximately 4:30 a.m. to
                                4:30 p.m.
                                Location: Departing from Scusset
                                Beach, Sandwich, MA, and transiting to
                                Wellfleet Harbor, Wellfleet, MA.
                                Position: A line drawn from
                                Scusset Beach at approximate position
                                41[deg]47' N., 70[deg]30' W., to
                                Wellfleet Harbor at approximate position
                                41[deg]53' N., 70[deg]02' W. (NAD 83).
                                Safety Zone Dimension:
                                Approximately 500 yards extending in
                                each direction from the line described
                                above.
------------------------------------------------------------------------

* * * * *

    Dated: May 10, 2017.
Richard J. Schultz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New 
England.
[FR Doc. 2017-10387 Filed 5-19-17; 8:45 am]
BILLING CODE 9110-04-P



                                             23140               Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations

                                             areas of the country, as well as assure                 to give the court time to issue a decision            rule’s requirements, thereby increasing
                                             all issues at these meetings and visits                 on the Petition for Review.                           protections for miners.
                                             are addressed. Additional time will also                   Petitioners also filed a ‘‘Motion for              Patricia W. Silvey,
                                             allow MSHA to train its inspectors to                   Emergency Stay’’ with the Court. On
                                             assure consistent enforcement. MSHA                                                                           Deputy Assistant Secretary of Labor for Mine
                                                                                                     May 3, the Department filed its response              Safety and Health.
                                             will make the Agency’s inspector
                                                                                                     to the stay motion.                                   [FR Doc. 2017–10474 Filed 5–19–17; 8:45 am]
                                             training materials available to the
                                             mining community to assist miners and                      Other commenters requested a delay                 BILLING CODE 4520–43–P

                                             mine operators in effectively                           until new officials from the current
                                             implementing the rule, thus enhancing                   Administration and an Assistant
                                             the safety of miners.                                   Secretary appointed by the                            DEPARTMENT OF HOMELAND
                                                Several commenters, including labor                  Administration have an opportunity to                 SECURITY
                                             unions, did not support the proposed                    conduct a review of the final rule in
                                             extension, stating that the May 2017                    accordance with the January 20, 2017,                 Coast Guard
                                             date was sufficient for mine operators to               memorandum titled ‘‘Regulatory Freeze
                                             comply with the final rule. One stated                  Pending Review’’ released by the Chief                33 CFR Part 100 and 165
                                             that the 60-day extension is not justified              of Staff of the White House. Several                  [Docket No. USCG–2016–1022]
                                             and is potentially harmful because the                  commenters also suggested that MSHA
                                             final rule made only a few, simple                      delay the effective date indefinitely                 RIN 1625–AA08; AA00
                                             changes to the existing standards which                 until the rule’s status is finally resolved.
                                             have been in place for 38 years.                                                                              Special Local Regulations and Safety
                                                                                                     MSHA also received several comments                   Zones; Annually Recurring Events in
                                                As discussed, most metal and                         objecting to the substantive                          Coast Guard Southeastern New
                                             nonmetal mines are small operations                     requirements of the Examinations rule.                England Captain of the Port Zone
                                             with limited staff, limited                             These comments are outside the scope
                                             administrative staff, and limited                       of the March 27, 2017, proposed rule,                 AGENCY:    Coast Guard, DHS.
                                             resources, and many are located in                      which was limited to delaying the rule’s              ACTION:   Final rule.
                                             remote areas. These small mines may                     effective date to ensure compliance
                                             have limited access or no access to the                 readiness. MSHA is not addressing                     SUMMARY:   The Coast Guard is amending
                                             internet at the mine site and may rely                                                                        a special local regulation to change the
                                                                                                     these comments, as they are beyond the
                                             on stakeholder meetings and other                                                                             method of providing notice to the public
                                                                                                     scope of this rulemaking.
                                             MSHA in-person services to acquire the                                                                        when enforcing the safety zone
                                             knowledge to comply with the rule.                      III. Conclusion                                       associated with the biennial Newport/
                                             MSHA is providing educational,                                                                                Bermuda Race. The Coast Guard is also
                                             technical, and compliance assistance for                   Having given due consideration to all              establishing permanent safety zones in
                                             affected miners and mine operators. In                  comments received, MSHA has                           Coast Guard Southeastern New England
                                             MSHA’s experience with previous                         determined that it is appropriate to                  Captain of the Port (COTP) Zone for two
                                             changes to metal and nonmetal                           delay the effective date until October 2,             recurring marine events. When the
                                             standards and regulations, outreach to                  2017. As stated, this additional delay                special local regulation or safety zones
                                             these small mine operators requires                     will address commenters’ concerns                     are activated and subject to
                                             MSHA to be flexible regarding different                 regarding sufficient time for MSHA to                 enforcement, vessels and people will be
                                             approaches that may be needed and                       inform and educate the mining                         restricted from portions of water areas
                                             regarding the time necessary to assure                  community, including mines that                       that may pose a hazard to public safety.
                                             that all miners and mine operators can                  operate intermittently. The extension                 The revised special local regulation and
                                             comply with the rule.                                   also affords both large and small mine                safety zones will expedite public
                                                MSHA has concluded that miners’                      operators the needed time to implement                notification of the applicable marine
                                             protections are assured when operators                  recordkeeping systems to comply with                  events, and help protect the maritime
                                             and miners are provided needed                          the final rule. Also, an October 2, 2017,             public and event participants from
                                             informational and instructional                         effective date provides more time and                 hazards associated with these recurring
                                             materials regarding the rule’s                          flexibility for MSHA to complete                      marine events.
                                             requirements. The extension of the                      development of compliance assistance                  DATES: This rule is effective June 21,
                                             effective date provides MSHA the                        materials, make them available to                     2017.
                                             flexibility the Agency needs to assure
                                                                                                     stakeholders, hold informational                      ADDRESSES:   To view documents
                                             compliance, thereby increasing
                                                                                                     meetings for stakeholders and conduct                 mentioned in this preamble as being
                                             protections for miners.
                                                                                                     compliance assistance visits at metal                 available in the docket, go to http://
                                             II. Other Issues                                        and nonmetal mines throughout the                     www.regulations.gov, type USCG–2016–
                                               On March 17, 2017, petitioners filed                  country. Similarly, further extending the             1022 in the ‘‘SEARCH’’ box and click
                                             a Petition for Review of the final                      effective date permits more time for                  ‘‘SEARCH.’’ Click on Open Docket
                                             Examinations rule in the United States                  MSHA to address issues that may be                    Folder on the line associated with this
                                             Court of Appeals for the Eleventh                       raised during upcoming stakeholder                    rule.
                                             Circuit. Some commenters on the                         meetings and compliance assistance                    FOR FURTHER INFORMATION CONTACT: If
                                             proposed rule to delay the effective date               visits and to train MSHA inspectors to                you have questions about this rule,
nlaroche on DSK30NT082PROD with RULES




                                             requested a stay of the effective date                  help assure consistency in MSHA                       contact Mr. Edward G. LeBlanc, Chief of
                                             until the completion of this litigation                 enforcement. MSHA believes that the                   the Waterways Management Division at
                                             and final adjudication of the validity of               training and compliance assistance                    Coast Guard Sector Southeastern New
                                             the final rule in federal court. One                    provided to mine operators and miners                 England, telephone 401–435–2351,
                                             commenter suggested at least a 6-month                  during the effective date extension will              email Edward.G.LeBlanc@uscg.mil.
                                             extension to November 27, 2017, or later                enhance their understanding of the                    SUPPLEMENTARY INFORMATION:



                                        VerDate Sep<11>2014   12:40 May 19, 2017   Jkt 241001   PO 00000   Frm 00002   Fmt 4700   Sfmt 4700   E:\FR\FM\22MYR1.SGM   22MYR1


                                                                 Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations                                           23141

                                             I. Table of Acronyms                                    included in the Table at 33 CFR                       all portions of the affected waterway
                                             CFR Code of Federal Regulations
                                                                                                     165.173, which is a listing of recurring              except for those areas covered by the
                                             COTP Captain of the Port                                major marine events in the Coast Guard                regulated areas, and vessels may enter
                                             DHS epartment of Homeland Security                      Southeastern New England COTP Zone.                   or pass through the affected waterway
                                             FR Federal Register                                     The TABLE provides the event name,                    with the permission of the COTP or the
                                             LNTM Local Notice To Mariners                           type, and approximate safety zone                     COTP’s representative. By including
                                             NOE Notice of Enforcement                               dimensions as well as approximate                     these two recurring marine events in the
                                             NPRM Notice of proposed rulemaking                      dates, times, and locations of the events.            permanent regulation at 33 CFR
                                             § Section                                               The specific times, dates, regulated                  165.173, the Coast Guard is eliminating
                                             TFR Temporary Final Rule                                areas and enforcement period for each                 the need to establish individual
                                             U.S.C. United States Code                               event will be provided through the                    temporary rules for each separate event
                                             II. Background Information and                          Local Notice to Mariners.                             that occurs on an annual basis, thereby
                                             Regulatory History                                        When the special local regulation or                limiting the costs of repetitive
                                                                                                     safety zones are activated and subject to             rulemaking.
                                               On March 9, 2017, the Coast Guard                     enforcement, vessels and people will be                  Notifications will be made to the local
                                             published a notice of proposed                          restricted from portions of water areas               maritime community through the LNTM
                                             rulemaking (NPRM) titled ‘‘Special                      that may pose a hazard to public safety.              in advance of the events. The
                                             Local Regulations and Safety Zones;                     The revised special local regulation and              notifications will include the exact
                                             Annually Recurring Marine Events in                     safety zones will expedite public                     dates and times of enforcement, and no
                                             Coast Guard Southeastern New England                    notification of the applicable marine                 new or additional restrictions will be
                                             Captain of the Port Zone’’ (82 FR                       events, and help protect the maritime                 imposed on vessel traffic.
                                             13081). There we stated why we issued                   public and event participants from
                                             the NPRM, and invited comments on                                                                             B. Impact on Small Entities
                                                                                                     hazards associated with these recurring
                                             our regulatory action. During the                       marine events.                                           The Regulatory Flexibility Act of
                                             comment period that ended on April 10,                                                                        1980, 5 U.S.C. 601–612, as amended,
                                             2017, we received no comments.                          V. Regulatory Analyses                                requires Federal agencies to consider
                                             III. Legal Authority and Need for Rule                    We developed this rule after                        the potential impact of regulations on
                                                                                                     considering numerous statutes and                     small entities during rulemaking. The
                                               The Coast Guard is issuing this rule                  executive orders related to rulemaking.               term ‘‘small entities’’ comprises small
                                             under authority in 33 U.S.C. 1231, 1233;                Below we summarize our analyses                       businesses, not-for-profit organizations
                                             50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1,                   based on a number of these statutes and               that are independently owned and
                                             6.04–6 and 160.5; and Department of                     executive orders and we discuss First                 operated and are not dominant in their
                                             Homeland Security Delegation No.                        Amendment rights of protestors.                       fields, and governmental jurisdictions
                                             0170.1, which collectively authorize the                                                                      with populations of less than 50,000.
                                             Coast Guard to define safety zones and                  A. Regulatory Planning and Review                     The Coast Guard certifies under 5 U.S.C.
                                             special local regulations.                                 Executive Orders 12866 and 13563                   605(b) that this rule does not have a
                                               The Captain of the Port (COTP)                        direct agencies to assess the costs and               significant economic impact on a
                                             Southeastern New England has                            benefits of available regulatory                      substantial number of small entities.
                                             determined that this rule will improve                  alternatives and, if regulation is                       While some owners or operators of
                                             the method of providing notice to the                   necessary, to select regulatory                       vessels intending to transit the safety
                                             public when enforcing the safety zone                   approaches that maximize net benefits.                zones may be small entities, for the
                                             associated with the biennial Newport/                   Executive Order 13563 emphasizes the                  reasons stated in section IV above this
                                             Bermuda Race. The COTP Southeastern                     importance of quantifying both costs                  rule will not have a significant
                                             New England has also determined that                    and benefits, of reducing costs, of                   economic impact on any vessel owner
                                             establishing permanent safety zones for                 harmonizing rules, and of promoting                   or operator.
                                             both the Fall River Grand Prix and the                  flexibility. This rule has not been                      Under section 213(a) of the Small
                                             Cape Cod Bay Challenge will enhance                     designated a ‘‘significant regulatory                 Business Regulatory Enforcement
                                             the safety of vessels and the navigable                 action,’’ under Executive Order 12866.                Fairness Act of 1996 (Pub. L. 104–121),
                                             waters in the safety zone during these                  Accordingly, this rule has not been                   we want to assist small entities in
                                             scheduled events.                                       reviewed by the Office of Management                  understanding this rule. If the rule
                                                                                                     and Budget.                                           would affect your small business,
                                             IV. Discussion of Comments, Changes,
                                                                                                        With respect to the change in method               organization, or governmental
                                             and the Rule
                                                                                                     of providing the NOE for the Newport/                 jurisdiction and you have questions
                                               As noted above, we received no                        Bermuda Race, this rule utilizes an                   concerning its provisions or options for
                                             comments on our NPRM published on                       approach that the Coast Guard believes                compliance, please contact the person
                                             March 9, 2017. There are no changes in                  is more effective, less costly, and more              listed in the FOR FURTHER INFORMATION
                                             the regulatory text of this rule from the               flexible. By utilizing an LNTM to                     CONTACT section.
                                             proposed rule in the NPRM. This rule                    provide the NOE for the Newport/                         Small businesses may send comments
                                             amends a special local regulation to                    Bermuda race, the Coast Guard will be                 on the actions of Federal employees
                                             change the method of providing notice                   able to better inform waterway users in               who enforce, or otherwise determine
                                             to the public when enforcing the safety                 a timelier manner.                                    compliance with, Federal regulations to
                                             zone associated with the biennial                          With respect to the safety zones for               the Small Business and Agriculture
                                             Newport/Bermuda Race. This rule also                    the recurring marine events, this                     Regulatory Enforcement Ombudsman
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                                             establishes permanent safety zones in                   regulatory action determination is based              and the Regional Small Business
                                             Coast Guard Southeastern New England                    on the size, location, duration, and time-            Regulatory Fairness Boards. The
                                             Captain of the Port (COTP) Zone for two                 of-day of the safety zone. Vessels will               Ombudsman evaluates these actions
                                             recurring marine events: (1) The Fall                   only be restricted from safety zones and              annually and rates each agency’s
                                             River Grand Prix, and (2) the Cape Cod                  special local regulation areas for a short            responsiveness to small business. If you
                                             Bay Challenge. The two events will be                   duration of time; vessels may transit in              wish to comment on actions by


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                                             23142                  Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations

                                             employees of the Coast Guard, call 1–                            State, local, or tribal government, in the           List of Subjects
                                             888–REG–FAIR (1–888–734–3247). The                               aggregate, or by the private sector of
                                                                                                                                                                   33 CFR Part 100
                                             Coast Guard will not retaliate against                           $100,000,000 (adjusted for inflation) or
                                             small entities that question or complain                         more in any one year. Though this rule                 Marine safety, Navigation (water),
                                             about this rule or any policy or action                          does not result in such an expenditure,              Reporting and record-keeping
                                             of the Coast Guard.                                              we do discuss the effects of this rule               requirements, Waterways.
                                             C. Collection of Information                                     elsewhere in this preamble.
                                                                                                                                                                   33 CFR Part 165
                                               This rule does not call for a new                              F. Environment                                         Harbors, Marine safety, Navigation
                                             collection of information under the                                We have analyzed this rule under                   (water), Reporting and recordkeeping
                                             Paperwork Reduction Act of 1995 (44                              Department of Homeland Security                      requirements, Security measures,
                                             U.S.C. 3501–3520).                                               Management Directive 023–01 and                      Waterways.
                                             D. Federalism and Indian Tribal                                  Commandant Instruction M16475.lD,                      For the reasons discussed in the
                                             Governments                                                      which guide the Coast Guard in                       preamble, the Coast Guard amends 33
                                                                                                              complying with the National                          CFR parts 100 and 165 as follows:
                                                A rule has implications for federalism
                                                                                                              Environmental Policy Act of 1969 (42
                                             under Executive Order 13132,
                                                                                                              U.S.C. 4321–4370f), and have                         PART 100—SAFETY OF LIFE ON
                                             Federalism, if it has a substantial direct
                                                                                                              determined that this action is one of a              NAVIGABLE WATERS
                                             effect on the States, on the relationship
                                                                                                              category of actions that do not
                                             between the national government and                                                                                     1. The authority citation for part 100
                                                                                                              individually or cumulatively have a                  ■
                                             the States, or on the distribution of                                                                                 continues to read as follows:
                                                                                                              significant effect on the human
                                             power and responsibilities among the
                                                                                                              environment. This rule makes an                          Authority: 33 U.S.C. 1233.
                                             various levels of government. We have
                                                                                                              administrative change to the method of
                                             analyzed this rule under that Order and                                                                               ■ 2. In § 100.119, revise paragraph (c) to
                                             have determined that it is consistent                            notification of one marine event, and
                                                                                                              involves the establishment of temporary              read as follows:
                                             with the fundamental federalism
                                             principles and preemption requirements                           safety zones in conjunction with two                 § 100.119 Newport-Bermuda Regatta,
                                             described in Executive Order 13132.                              recurring marine events in Southeastern              Narragansett Bay, Newport, RI.
                                                Also, this rule does not have tribal                          New England COTP Zone. These actions                 *      *     *     *    *
                                             implications under Executive Order                               are categorically excluded from further                 (c) Effective date. This section is in
                                             13175, Consultation and Coordination                             review under paragraph 34(g) of Figure               effect biennially on a date and times
                                             with Indian Tribal Governments,                                  2–1 of Commandant Instruction                        published in the Local Notice to
                                             because it does not have a substantial                           M16475.lD. A Record of Environmental                 Mariners.
                                             direct effect on one or more Indian                              Consideration (REC) supporting this
                                             tribes, on the relationship between the                          determination is available in the docket             PART 165—REGULATED NAVIGATION
                                             Federal Government and Indian tribes,                            where indicated under ADDRESSES. We                  AREAS AND LIMITED ACCESS AREAS
                                             or on the distribution of power and                              seek any comments or information that
                                             responsibilities between the Federal                             may lead to the discovery of a                       ■ 3. The authority citation for part 165
                                             Government and Indian tribes. If you                             significant environmental impact from                continues to read as follows:
                                             believe this rule has implications for                           this rule.                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             federalism or Indian tribes, please                              G. Protest Activities                                33 CFR 1.05–1; 6:04–1, 6.04–6, and 160.5;
                                             contact the person listed in the FOR                                                                                  Department of Homeland Security Delegation
                                             FURTHER INFORMATION CONTACT section.                               The Coast Guard respects the First                 No. 0170.1.
                                                                                                              Amendment rights of protesters.
                                             E. Unfunded Mandates Reform Act                                                                                       ■ 4. In § 165.173, add sections 8.4 and
                                                                                                              Protesters are asked to contact the
                                                                                                                                                                   8.5 to the Table to read as follows:
                                               The Unfunded Mandates Reform Act                               person listed in the FOR FURTHER
                                             of 1995 (2 U.S.C. 1531–1538) requires                            INFORMATION CONTACT section to                       § 165.173 Safety Zones for annually
                                             Federal agencies to assess the effects of                        coordinate protest activities so that your           recurring marine events held in Coast
                                             their discretionary regulatory actions. In                       message can be received without                      Guard Southeastern New England Captain
                                             particular, the Act addresses actions                            jeopardizing the safety or security of               of the Port Zone.
                                             that may result in the expenditure by a                          people, places, or vessels.                          *        *      *         *   *

                                                                                                                         TABLE TO § 165.173


                                                        *                          *                           *                      *                       *                          *           *
                                             8.0                                                                                                              AUGUST


                                                        *                     *                                 *                    *                    *                     *                  *
                                             8.4   Fall River Grand Prix ..................................    • Event Type: Offshore powerboat race
                                                                                                               • Date: One weekend (Friday, Saturday, & Sunday) in August as announced in the Local No-
                                                                                                                  tice to Mariners.
                                                                                                               • Time: Approximately 8:00 a.m. to 5 p.m. daily
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                                                                                                               • Location: Taunton River, Massachusetts, in the vicinity of Fall River and Somerset, MA.
                                                                                                               • Safety Zone Dimension: Mt Hope Bay and the Taunton River navigation channel from ap-
                                                                                                                  proximately Mt Hope Bay buoy R10 southwest of Brayton Point channel, and extending ap-
                                                                                                                  proximately two miles to the northeast up to and including Mt Hope Bay buoy C17 north of
                                                                                                                  the Braga Bridge. The safety zone is encompassed by the following coordinates (NAD 83):




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                                                                  Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations                                            23143

                                                                                                            TABLE TO § 165.173—Continued
                                                                                                             Corner Latitude Longitude
                                                                                                             SW., 41°41.40′ N., 71°11.15′ W.
                                                                                                             NW., 41°41.48′ N., 71°11.15′ W.
                                                                                                             SE., 41°42.33′ N., 71°09.40′ W.
                                                                                                             NE., 41°42.42′ N., 71°09.47′ W.

                                             8.5   Cape Cod Bay Challenge ..........................    • Event Type: Paddleboard excursion.
                                                                                                        • Date: One weekend day (Saturday or Sunday) in August.
                                                                                                        • Time: Approximately 4:30 a.m. to 4:30 p.m.
                                                                                                        • Location: Departing from Scusset Beach, Sandwich, MA, and transiting to Wellfleet Harbor,
                                                                                                          Wellfleet, MA.
                                                                                                        • Position: A line drawn from Scusset Beach at approximate position 41°47′ N., 70°30′ W., to
                                                                                                          Wellfleet Harbor at approximate position 41°53′ N., 70°02′ W. (NAD 83).
                                                                                                        • Safety Zone Dimension: Approximately 500 yards extending in each direction from the line
                                                                                                          described above.



                                             *      *      *       *      *                            SUPPLEMENTARY INFORMATION:      California            DEPARTMENT OF HOMELAND
                                               Dated: May 10, 2017.                                    Department of Transportation has                      SECURITY
                                             Richard J. Schultz,                                       requested a temporary change to the
                                                                                                       operation of the Tower Drawbridge,                    Coast Guard
                                             Captain, U.S. Coast Guard, Captain of the
                                             Port Southeastern New England.                            mile 59.0, over Sacramento River, at
                                                                                                       Sacramento, CA. The drawbridge                        33 CFR Part 117
                                             [FR Doc. 2017–10387 Filed 5–19–17; 8:45 am]
                                                                                                       navigation span provides a vertical                   [Docket No. USCG–2017–0364]
                                             BILLING CODE 9110–04–P
                                                                                                       clearance of 30 feet above Mean High
                                                                                                       Water in the closed-to-navigation                     Drawbridge Operation Regulation;
                                             DEPARTMENT OF HOMELAND                                    position. The draw operates as required               Lake Washington Ship Canal, Seattle,
                                             SECURITY                                                  by 33 CFR 117.189(a). Navigation on the               WA
                                                                                                       waterway is commercial and
                                                                                                                                                             AGENCY: Coast Guard, DHS.
                                             Coast Guard                                               recreational.
                                                                                                                                                             ACTION:Notice of deviation from
                                                                                                          The drawspan will be secured in the                drawbridge regulation.
                                             33 CFR Part 117                                           closed-to-navigation position from 10
                                             [Docket No. USCG–2017–0370]                               a.m. to 12 p.m. on June 3, 2017, to allow             SUMMARY:   The Coast Guard has issued a
                                                                                                       the community to participate in a Girl                temporary deviation from the operating
                                             Drawbridge Operation Regulation;                          Scouts Ceremony event. This temporary                 schedule that governs the University
                                             Sacramento River, Sacramento, CA                          deviation has been coordinated with the               Bridge, mile 4.3, and the Montlake
                                             AGENCY: Coast Guard, DHS.                                 waterway users. No objections to the                  Bridge, mile 5.2, both crossing Lake
                                                                                                       proposed temporary deviation were                     Washington Ship Canal at Seattle, WA.
                                             ACTION:Notice of deviation from                                                                                 The deviation is necessary to
                                                                                                       raised.
                                             drawbridge regulation.                                                                                          accommodate the ‘‘Beat the Bridge’’ foot
                                                                                                          Vessels able to pass through the
                                             SUMMARY:   The Coast Guard has issued a                   bridge in the closed position may do so               race event. This deviation allows the
                                             temporary deviation from the operating                    at anytime. The bridge will be able to                bridges to remain in the closed-to-
                                             schedule that governs the Tower                           open for emergencies and there is no                  navigation position to allow for the safe
                                             Drawbridge across the Sacramento                          immediate alternate route for vessels to              movement of event participants.
                                             River, mile 59.0 at Sacramento, CA. The                   pass. The Coast Guard will also inform                DATES: This deviation is effective from
                                             deviation is necessary to allow the                       the users of the waterway, through our                8:15 a.m. to 9:30 a.m. on May 21, 2017.
                                             community to participate in a Girl                        Local and Broadcast Notices to                        ADDRESSES: The docket for this
                                             Scouts Ceremony event. This deviation                     Mariners, of the change in operating                  deviation, [USCG–2017–0364] is
                                             allows the bridge to remain in the                        schedule for the bridge so that vessel                available at http://www.regulations.gov.
                                             closed-to-navigation position during the                  operators can arrange their transits to               Type the docket number in the
                                             deviation period.                                         minimize any impact caused by the                     ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
                                             DATES: This deviation is effective from                   temporary deviation.                                  Click on Open Docket Folder on the line
                                             10 a.m. to 12 p.m. on June 3, 2017.                          In accordance with 33 CFR 117.35(e),               associated with this deviation.
                                             ADDRESSES: The docket for this                            the drawbridge must return to its regular             FOR FURTHER INFORMATION CONTACT: If
                                             deviation, [USCG–2017–0370], is                           operating schedule immediately at the                 you have questions on this temporary
                                             available at http://www.regulations.gov.                  end of the effective period of this                   deviation, call or email Mr. Steven
                                             Type the docket number in the                             temporary deviation. This deviation                   Fischer, Bridge Administrator,
                                             ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                      from the operating regulations is                     Thirteenth Coast Guard District;
                                             Click on Open Docket Folder on the line                   authorized under 33 CFR 117.35.                       telephone 206–220–7282, email d13-pf-
                                             associated with this deviation.                                                                                 d13bridges@uscg.mil.
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                                                                                                         Dated: May 17, 2017.
                                             FOR FURTHER INFORMATION CONTACT: If                                                                             SUPPLEMENTARY INFORMATION:
                                             you have questions on this temporary                      C.T. Hausner,                                         Washington State Department of
                                             deviation, call or email Carl T. Hausner,                 District Bridge Chief, Eleventh Coast Guard           Transportation (bridge owner) and
                                             Chief, Bridge Section, Eleventh Coast                     District.                                             Seattle Department of Transportation
                                             Guard District; telephone 510–437–                        [FR Doc. 2017–10422 Filed 5–19–17; 8:45 am]           (bridge owner) requested a temporary
                                             3516; email Carl.T.Hausner@uscg.mil.                      BILLING CODE 9110–04–P                                deviation from the operating schedule


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Document Created: 2018-11-08 08:51:23
Document Modified: 2018-11-08 08:51:23
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
ActionFinal rule.
DatesThis rule is effective June 21, 2017.
ContactIf you have questions about this rule, contact Mr. Edward G. LeBlanc, Chief of the Waterways Management Division at Coast Guard Sector Southeastern New England, telephone 401- 435-2351, email [email protected]
FR Citation82 FR 23140 
RIN Number1625-AA08
CFR Citation33 CFR 100
33 CFR 165
CFR AssociatedMarine Safety; Navigation (Water); Reporting and Record-Keeping Requirements; Waterways; Harbors; Reporting and Recordkeeping Requirements and Security Measures

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