[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Proposed Rules]
[Pages 41902-41905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15331]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2016-0448]
RIN 1625-AA00
Safety Zone, Fall River Grand Prix, Mt Hope Bay and Taunton
River, Fall River, MA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary 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 August 27-28, 2016. This safety zone is intended to safeguard
mariners from the hazards associated with high-speed, high-performance
motorboats competing in the event. Vessels would be 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. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 28, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0448 using the Federal e-Rulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for
[[Page 41903]]
further instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, 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:
I. Table of Acronyms
CFR Code of Federal Regulations
COTP Captain of The Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Borden Light Marina of Fall River, MA, notified the Coast guard
that it intends to conduct the 2nd annual Fall River Grand Prix
powerboat races in the vicinity of the Taunton River and Mt Hope Bay
adjacent to the Fall River waterfront. Similar to the inaugural event
in 2015, this is a two-day event where high-speed, high-performance
motorboats participate in controlled races within a well-defined water
area. The COTP Southeastern New England has determined that potential
hazards associated with the Fall River Grand Prix require a safety zone
in the vicinity of the Taunton River and Mt Hope Bay, in waters
adjacent to Fall River, to provide for both participant and spectator
safety.
The purpose of this rulemaking is to ensure the safety of vessels
and spectators in the vicinity of the Fall River Grand Prix before,
during, and after the scheduled event. The Coast Guard proposes this
rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The 2nd Annual Fall River Grand Prix is a two-day event where high-
speed, high-performance motorboats participate in controlled races
within a well-defined water area. The safety zone proposed in this NPRM
will 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 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. The Coast Guard
anticipates little concern with the proposed safety zone by mariners,
as there is little major commercial vessel activity in Mt Hope Bay and
the Taunton River in the vicinity of Fall River, MA, and most
recreational vessels are not restricted to the deep draft channel and
can easily transit via alternate routes. Also, the safety zone will be
enforced only during periods of actual racing, which will be limited to
only a few hours on each of the two days of the event.
Regardless, in the unlikely situation where a commercial or
recreational vessel may still need to transit Mt Hope Bay and the
Taunton River in the vicinity of Fall River, MA, for any number of
reasons including destination, familiarity with the waterway, tide
restrictions, etc., these vessels may be able to continue transits
through Mt Hope Bay and the Taunton River, even during enforcement of
the safety zone, as there will be sufficient room for most recreational
vessels and some commercial vessels to pass to the west of the safety
zone. Also, the Coast Guard routinely works with the local marine pilot
organization and shipping agents to coordinate vessel transits during
marine events, and would continue to do so for the entire event to
avoid major interruptions to shipping schedules.
The Coast Guard proposes to add a temporary safety zone that would
encompass the navigation channel from approximately Mt Hope Bay buoy
R10 southwest of Brayton Point channel, and would extend approximately
two miles to the northeast up to and including Mt Hope Bay buoy C17
north of the I-195/Braga Bridge. The safety zone would be enforced only
during times of actual vessel racing.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
We expect the adverse economic impact of this proposed rule to be
minimal. Although this regulation may have some adverse impact on the
public, the potential impact would be minimized for the following
reasons: The safety zone will be in effect for only a few hours each
day for two 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 proposed 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 would be made to mariners through the Rhode Island Port Safety
Forum, local Notice to Mariners, event sponsors, and local media 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
[[Page 41904]]
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary 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 proposed rule involves the
establishment of a temporary safety zone in conjunction with the Fall
River Grand Prix event, a high-speed, high-performance motorboat racing
event. Such actions are categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of Commandant Instruction
M16475.lD. A preliminary environmental analysis checklist 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 proposed 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
to amend 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.T0448 to read as follows:
Sec. 165.T0448 Safety Zone for the 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
[[Page 41905]]
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. 7[deg]11.15' W.
NW........................... 41[deg]41.48' N. 71[deg]11.1' 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 Saturday, August 27, 2016
to Sunday, August 28, 2016.
(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: June 14, 2016.
Richard J. Shultz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New
England.
[FR Doc. 2016-15331 Filed 6-27-16; 8:45 am]
BILLING CODE 9110-04-P