[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Rules and Regulations]
[Pages 44289-44291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18390]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2015-0286]
RIN 1625-AA00
Safety Zone, Fall River Grand Prix, Mt. Hope Bay and Taunton
River, Fall River, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone in the navigable
waters of Mt. Hope Bay and the Taunton River in the vicinity of Fall
River, MA, during the Fall River Grand Prix marine event from August
14-16, 2015. This safety zone is intended to safeguard mariners from
the hazards associated with high-speed, high-performance motorboats
competing in the event. Vessels are prohibited from entering into,
transiting through, mooring, or anchoring within this safety zone
during periods of enforcement unless authorized by the Captain of the
Port (COTP), Southeastern New England or the COTP's designated
representative.
DATES: This rule is effective from 9 a.m., Friday, August 14, 2015 to 5
p.m., Sunday, August 16, 2015. It will be subject to enforcement
between 9 a.m. and 5 p.m. on each of these three dates.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0286. To view documents mentioned in the 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. Edward G. LeBlanc at Coast Guard Sector Southeastern New
England, telephone 401-435-2351, email [email protected]. If
you have questions on viewing the docket, please contact Ms. Cheryl
Collins, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On May 29, 2015, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone, Fall River Grand Prix, Mt. Hope Bay and
Taunton River, Fall River, MA'' in the Federal Register (80 FR 30637).
We received no comments on the NPRM.
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. This provision authorizes an
agency to make a rule effective less than 30 days after publication in
the Federal Register when the agency for good cause finds that delaying
the effective period for 30 days or more is ''impracticable,
unnecessary, or contrary to the public interest.'' 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 to safeguard participants and the public at the Fall River
Grand Prix, which is scheduled for August 14-16, 2015. State and local
government officials support the event, there is no known opposition to
the event, and no comments opposing the safety zone were received in
response to the NPRM. Therefore, it is impracticable and unnecessary to
make this rule effective 30 days or more after publication in the
Federal Register.
B. Basis and Purpose
The legal basis for the rule is 33 U.S.C. 1231; 50 U.S.C. 191, 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; and Department of Homeland Security
Delegation No. 0170.1, which collectively authorize the Coast Guard to
establish regulatory safety zones.
The initial Fall River Grand Prix is a three-day event where high-
speed, high-performance motorboats participate in controlled races
within a well-defined water area. This safety zone is intended to
encompass the racing area and will include a buffer between the racing
motorboats and spectator craft to provide a margin of safety. As these
races are part of a national series of events, governed by a national
racing and safety organization (the U.S. Offshore Powerboat
Association), and
[[Page 44290]]
operated by experienced high-speed motorboat crews and support teams,
they are expected to generate local and regional media coverage, and
attract spectators on a number of recreational and excursion vessels.
The Coast Guard is establishing this safety zone, in conjunction
with the Fall River Grand Prix, to ensure the protection of the
maritime public and event participants from the hazards associated with
high-speed, high-performance motorboat racing.
C. Discussion of Comments, Changes and the Final Rule
No comments were received and no changes were made to the language
contained in the NPRM.
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 or executive orders.
1. Executive Order 12866 and Executive Order 13563
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, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
We expect the adverse economic impact of this rule to be minimal.
Although this regulation may have some adverse impact on the public,
the potential impact will be minimized for the following reasons: The
safety zone will be in effect for only a few hours each day for three
consecutive days, and vessels will only be restricted from the zone in
Mt. Hope Bay and the Taunton River in the vicinity of Fall River, MA
during those limited periods when the races are actually ongoing;
during periods when there is no actual racing (e.g., racing vessels are
transiting from the pier to the racing site; downtime between races,
etc.) vessels may be allowed to transit through the safety zone; there
is an alternate route available for recreational vessels to the west of
the safety zone that does not add substantial transit time and is
already routinely used by mariners; many vessels, especially
recreational vessels, may transit in all portions of the affected
waterway except for those areas covered by the safety zone; and vessels
may enter or pass through the affected waterway with the permission of
the COTP or the COTP's representative.
Notification of the Fall River Grand Prix and the associated safety
zone will be made to mariners through both the Southeastern
Massachusetts and Rhode Island Port Safety Forums, local Notice to
Mariners, event sponsors, and local media 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 on this rule from any
small business, nor from the U.S Small Business Administration. 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.
This rule may affect the following entities, some of which might be
small entities: Owners or operators of vessels intending to transit in
Mt. Hope Bay and the Taunton River in the vicinity of Fall River, MA,
during the Fall River Grand Prix marine event. The impact to these
entities will not be significant, and this rule will not affect a
substantial number of small entities, because the waterway will be
restricted and the safety zone enforced only during those limited
periods when the races are actually ongoing. During periods when there
is no actual racing (e.g., racing vessels are transiting from the pier
to the racing site; downtime between races, etc.) vessels may be
allowed to transit through the safety zone. Also, there is an alternate
route available for recreational vessels to the west of the safety zone
that does not add substantial transit time and is already routinely
used by mariners. And many vessels, especially recreational vessels,
may transit in all portions of the affected waterway except for those
areas covered by the safety zone. And all vessels may enter or pass
through the affected waterway with the permission of the COTP or the
COTP's representative.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. 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 under FOR
FURTHER INFORMATION CONTACT.
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 calls for no 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 State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it 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 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 would not result
in such expenditure,
[[Page 44291]]
we do discuss the effects of this rule elsewhere in this preamble.
8. Taking of Private Property
This rule would 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 would not create an
environmental risk to health or risk to safety that might
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 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.
12. Energy Effects
This rule 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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
safety zone.
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 reads as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-0286 to read as follows:
Sec. 165.T01-0286 Safety Zone, Fall River Grand Prix, Mt. Hope Bay
and Taunton River, Fall River, MA.
(a) Location. The following area is a safety zone: 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:
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Corner Latitude Longitude
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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.
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(b) Enforcement Period. Vessels will be prohibited from entering
this safety zone, when enforced, during the Fall River Grand Prix
marine event between 9 a.m. and 5 p.m. from Friday, August 14, 2015 to
Sunday, August 16, 2015.
(c) Definitions. The following definitions apply to this section:
(1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port, Sector
Southeastern New England (COTP), to act on his or her behalf. The
designated representative may be on an official patrol vessel or may be
on shore and will communicate with vessels via VHF-FM radio or
loudhailer. In addition, members of the Coast Guard Auxiliary may be
present to inform vessel operators of this regulation.
(2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
(3) Patrol Commander. The Coast Guard may patrol each safety zone
under the direction of a designated Coast Guard Patrol Commander. The
Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by
the call sign ``PATCOM.''
(4) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 as well as the following regulations apply to the safety zone
established in conjunction with the Fall River Grand Prix, Taunton
River, vicinity of Fall River, MA. These regulations may be enforced
for the duration of the event.
(2) No later than 8 a.m. each day of the event, the Coast Guard
will announce via Safety Marine Information Broadcasts and local media
the times and duration of each race scheduled for that day, and the
precise area(s) of the safety zone that will be enforced.
(3) Vessels may not transit through or within the safety zone
during periods of enforcement without Patrol Commander approval.
Vessels permitted to transit must operate at a no-wake speed, in a
manner which will not endanger participants or other crafts in the
event.
(4) Spectators or other vessels shall not anchor, block, loiter, or
impede the movement of event participants or official patrol vessels in
the safety zone unless authorized by an official patrol vessel.
(5) The Patrol Commander may control the movement of all vessels in
the safety zone. When hailed or signaled by an official patrol vessel,
a vessel shall come to an immediate stop and comply with the lawful
directions issued. Failure to comply with a lawful direction may result
in expulsion from the area, citation for failure to comply, or both.
(6) The Patrol Commander may delay or terminate the Fall River
Grand Prix at any time to ensure safety. Such action may be justified
as a result of weather, traffic density, spectator operation or
participant behavior.
Dated: July 8, 2015.
Richard J. Schultz,
Commander, U.S. Coast Guard, Acting Captain of the Port Southeastern
New England.
[FR Doc. 2015-18390 Filed 7-24-15; 8:45 am]
BILLING CODE 9110-04-P