[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Rules and Regulations]
[Pages 39957-39959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17108]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0188]
RIN 1625-AA00
Safety Zones; Misery Challenge, Manchester Bay, Manchester, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
Manchester Bay to be enforced during the Misery Challenge marine event,
which will involve swimmers, kayakers, and stand-up paddlers. This
safety zone will ensure the protection of the event participants,
support vessels, and maritime public from the hazards associated with
the event. Vessels will be prohibited from entering into, transiting
through, mooring, or anchoring within this safety zone during periods
of enforcement unless authorized by the Coast Guard Sector Boston
Captain of the Port (COTP) or the COTP's designated representative.
DATES: This temporary final rule is effective from 7:30 a.m. on August
1, 2015 to 11:30 a.m. on August 1, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-
[[Page 39958]]
2015-0188]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Mr. Mark Cutter, Coast Guard Sector Boston Waterways Management
Division, telephone (617) 223-4000, email [email protected]. If
you have questions on viewing or submitting material to the docket,
call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
CFR Code of Federal Regulation
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983
A. Regulatory History and Information
On May 8, 2015 we published a notice of proposed rulemaking (NPRM)
entitled Safety Zones; Misery Challenge, Manchester Bay, Manchester, MA
in the Federal Register (80 FR 26514). We received no comments on the
proposed rule. No public meeting was requested, and none was held.
B. Basis and Purpose
The legal basis for the proposed rule is 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, which collectively authorize the Coast
Guard to establish regulatory safety zones.
By establishing a temporary safety zone, the Coast Guard will
ensure the protection of the event participants, support vessels, and
maritime public from the hazards associated with the event.
C. Discussion of Comments, Changes and the Temporary Final Rule
The Coast Guard provided a comment period of 30 days and no
comments were received. There are no changes to the regulatory text.
D. 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.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
We expect the economic impact of this rule to be minimal. This
regulation may have some impact on the public, but that potential
impact will likely be minimal for several reasons. First, this safety
zone will be in effect for only 4 hours in the morning when vessel
traffic is expected to be light. Second, vessels may enter or pass
through the safety zone during an enforcement period with the
permission of the COTP or the designated representative. Finally, the
Coast Guard will provide notification to the public through Broadcast
Notice to Mariners well in advance of the event.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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 received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
For all of the reasons discussed in the Regulatory Planning and
Review section, 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.
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.
3. Assistance for Small Entities
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,
above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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
[[Page 39959]]
State, local, or tribal government, in the aggregate, or by the private
sector of $100,000,000 (adjusted for inflation) or more in any one
year. Though this rule will not result in such an expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a temporary safety
zone. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A written
environmental analysis (EA) checklist and categorical exclusion
determination (CED) 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C., 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add a new Sec. 165.T01-0188 to read as follows:
Sec. 165.T01-0188 Safety Zone--Misery Challenge--Manchester Bay,
Manchester, Massachusetts.
(a) General. Establish a temporary safety zone:
(1) Location. The following area is a safety zone: All navigable
waters, from surface to bottom, within one hundred (100) yards from the
participants and vessels in support of events in Manchester Bay,
Manchester, MA, and enclosed by a line connecting the following points
(NAD 83):
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Latitude Longitude
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42[deg]34'03'' N................... 70[deg]46'42'' W.; thence to.
42[deg]33'58'' N................... 70[deg]46'33'' W.; thence to
42[deg]32'32'' N................... 70[deg]47'45'' W.; thence to
42[deg]32'58'' N................... 70[deg]48'40'' W.; thence to point
of origin.
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(2) Effective and enforcement period. This rule will be effective
on August 1, 2015, from 7:30 a.m. to 11:30 a.m.
(b) Regulations. While this safety zone is being enforced, the
following regulations, along with those contained in 33 CFR 165.23,
apply:
(1) No person or vessel may enter or remain in this safety zone
without the permission of the Captain of the Port (COTP), Coast Guard
Sector Boston or the COTP's representative. However, any vessel that is
granted permission by the COTP or the COTP's representative must
proceed through the area with caution and operate at a speed no faster
than that speed necessary to maintain a safe course, unless otherwise
required by the Navigation Rules.
(2) Any person or vessel permitted to enter the safety zone shall
comply with the directions and orders of the COTP or the COTP's
representative. Upon being hailed by a U.S. Coast Guard vessel by
siren, radio, flashing lights, or other means, the operator of a vessel
within the zone shall proceed as directed. Any person or vessel within
the safety zone shall exit the
(3) To obtain permissions required by this regulation, individuals
may reach the COTP or a COTP representative via VHF channel 16 or 617-
223-5757 (Sector Boston Command Center).
(c) Penalties. Those who violate this section are subject to the
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 1226.
(d) Notification. Coast Guard Sector Boston will give notice
through the Local Notice to Mariners, Broadcast Notice to Mariners, and
to mariners for the purpose of enforcement of this temporary safety
zone. Also, Sector Boston will notify the public to the greatest extent
possible of any period in which the Coast Guard will suspend
enforcement of this safety zone.
(e) COTP representative. The COTP's representative may be any Coast
Guard commissioned, warrant, or petty officer or any Federal, state, or
local law enforcement officer who has been designated by the COTP to
act on the COTP's behalf. The COTP's representative may be on a Coast
Guard vessel, a Coast Guard Auxiliary vessel, a state or local law
enforcement vessel, or a location on shore.
Dated: June 25, 2015.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2015-17108 Filed 7-10-15; 8:45 am]
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