[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Rules and Regulations]
[Pages 40188-40190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14642]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0004]
RIN 1625-AA00
Safety Zone; 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 for
certain waters of Manchester Bay to be enforced during the Misery
Challenge marine event, which will involve swimmers, kayakers, and
stand-up paddlers. This safety zone ensures the protection of the event
participants, support vessels, and the maritime public from the hazards
associated with the event. This regulation prohibits persons and
vessels 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 rule is effective from 7:00 a.m. to 12:30 p.m. on July 23,
2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0004 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email, call or email Mr. Mark Cutter, Sector Boston Waterways
Management Division, U.S. Coast Guard; telephone 617-223-4000, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
DHS Department of Homeland Security
U.S.C. United States Code
CFR Code of Federal Regulations
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983
Sec. Section
II. Background, Purpose, and Legal Basis
On October 23, 2015, the Coast Guard was notified of a swimming and
stand up paddling event from 7:30 a.m. to 12 p.m. on July 23, 2016 with
a weather date on July 24, 2016 named the Misery Challenge. The
participants will launch from Tucks Point in Manchester Bay,
Manchester, MA and continue around Greater Misery Island returning to
Tucks Point. In response, on March 2, 2016, the Coast Guard published
an NPRM titled Safety Zone; Misery Challenge, Manchester Bay,
Manchester, MA (81 FR 10820). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to this
event. During the comment period that ended April 1, 2016, 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. The COTP Boston has determined that potential hazards associated
with the event on July 23, 2016 will be a safety concern for the
participants and support vessels. The purpose of this rule is to ensure
safety of participants, vessels and the navigable waters in the safety
zone before, during, and after the scheduled event.
IV. Discussion of Proposed Rule
As noted above, we received no comments on our NPRM published on
March 2, 2016. There are no changes in the regulatory text of this rule
from the proposed rule in the NPRM.
This rule establishes a safety zone from 7:00 a.m. to 12:30 p.m. on
July 23, 2016 with a weather date on July 24, 2016. The safety zone
will cover all navigable waters within specific geographic locations
specified in the regulatory text on the navigable waters of Manchester
Bay, Manchester, Massachusetts. Vessels not associated with the event
shall maintain a distance of at least 100 yards from the participants.
The duration of the zone is intended to ensure the safety of event
participants, support vessels, and the maritime public before, during,
and after the event scheduled from 7:30 a.m. to 12 p.m. No vessel or
person would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. The regulatory
text appears at the end of this document.
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, it has not been reviewed by the Office of Management and
Budget.
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 5 and \1/2\ 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
[[Page 40189]]
will provide notification to the public through Broadcast Notice to
Mariners well in advance of the event.
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
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, this rule would not have a significant economic impact
on a substantial number of 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
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will 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 Order13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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 would not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting 5 and 1/2 hours that would prohibit
entry within 100 yards of the participants and vessels in support of
the event. It is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), 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 100 yards from the participants
and vessels in support of events in Manchester Bay, Manchester,
Massachusetts, and enclosed by a line connecting the following points
(NAD 83):
Latitude Longitude
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]32'30'' N. 70[deg]47'43'' W.; thence to
42[deg]32'58'' N. 70[deg]48'40'' W.; thence to point of origin.
(2) Effective and Enforcement Period. This rule will be effective
on July 23, 2016, from 7:00 a.m. to 12:30 p.m. with a weather date on
July 24, 2016.
(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) or the COTP's
representatives. However, any vessel that is granted permission by the
COTP or the COTP's representatives must proceed through the area with
caution and operate at a speed no faster than that speed
[[Page 40190]]
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
representatives. 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 zone when directed by the COTP or the
COTP's representatives.
(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 and Broadcast Notice to Mariners
for the purpose of enforcement of this temporary safety zone. Sector
Boston will also 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, 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 13, 2016.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2016-14642 Filed 6-20-16; 8:45 am]
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