[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Rules and Regulations]
[Pages 57801-57803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20389]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0735]
RIN 1625-AA00
Safety Zone; Nahant Bay, Marblehead, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Captain of the Port (COTP) Boston Zone within a
2,500-yard radius around a position approximately 6nm Northeast of
Nahant Bay, MA, for a Department of Defense (DOD) Training Exercise.
The safety zone is needed to protect Navy personnel, support vessels,
and the maritime public from the hazards associated with this training
exercise. Entering into, transiting through, mooring, or anchoring
within this safety zone during periods of enforcement is prohibited
unless authorized by the Coast Guard Sector Boston COTP or the COTP's
designated representative.
DATES: This rule is effective on August 24, 2016 from 7:00 p.m. through
10:00 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0735 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, Mark Cutter, Sector Boston Waterways Management
Division, U.S. Coast Guard; telephone 617-223-4000, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
DOD Department of Defense
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Data of 1983
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a NPRM with respect to this rule
because publishing a NPRM would be impracticable. DOD Training Exercise
will take place on August 24, 2016. The DOD Exercise will consist of
High-altitude military parachuting freefall insertion approximately 6nm
Northeast of Nahant, MA, in position 42[deg] 27.000' N., 070[deg]
50.000' W. This exercise will present safety hazards and risks to Navy
personnel, support vessels, and the maritime public during the
exercise. It would be impracticable to delay promulgating this rule, as
it would not be possible to conduct notice and comment rulemaking
before the date of the exercise. For this reason, the Coast Guard finds
it impracticable to delay this regulation.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be impracticable for the same reasons specified
above.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The
[[Page 57802]]
COTP has determined that the potential hazards associated with this DOD
Training Exercise create a serious safety concern for anyone transiting
within a 2,500-yard radius of position 42[deg] 27.000' N., 070[deg]
50.000' W. This rule is needed to protect Navy personnel, vessels, and
the normal marine traffic in the navigable waters within the safety
zone while this exercise is be being conducted.
IV. Discussion of Rule
This rule establishes a safety zone from 7:00 p.m. until 10:00 p.m.
on August 24, 2016. The safety zone will cover all navigable waters
within a 2,500-yard radius of position 42[deg] 27.000' N., 070[deg]
50.000' W. The duration of the zone is intended to protect Navy
personnel, vessels, and normal marine traffic in these navigable waters
during the DOD training exercise. No vessel or person will be permitted
to enter the safety zone without obtaining permission from the COTP or
a designated representative.
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.
This regulatory action determination is based on the size,
location, and duration of the safety zone. The implementation of this
temporary safety zone is necessary for the protection of all waterway
users. The size of the zone is the minimum necessary to provide
adequate protection for the waterway users, adjoining areas, and the
public. Vessel traffic will be able to safely transit around this
safety zone. Any hardships experienced by persons or vessels are
considered minimal compared to the interest in protecting the public.
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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A 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 (Public Law 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 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 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 will 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 involves a safety zone that will prohibit entry within 2,500 yards
of position 42[deg] 27.000' N., 070[deg] 50.000' W. during the DOD
training exercise. 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 will be 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.
[[Page 57803]]
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 Sec. 165.T01-0735 to read as follows:
Sec. 165.T01-0735 Safety Zone; DOD Training Exercise, Nahant Bay,
Marblehead, MA.
(a) Location. The following area is a safety zone: All navigable
waters within 2,500-yards of 42[deg] 27.000' N., 070[deg] 50.000' W.
while the DOD Training Exercise is underway.
(b) Regulations. While this security zone is being enforced, the
following regulations, along with those contained in Sec. 165.33,
apply:
(1) Under the general safety zone regulations in subpart B of this
part, you may not enter the safety zone described in paragraph (a) of
this section unless authorized by the COTP or a COTP designated
representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM channel 16 or by phone at (617) 223-5757
(Sector Boston Command Center). Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or a
COTP designated representative.
(c) Enforcement period. This section will be enforced from 7:00
p.m. until 10:00 p.m. on August 24, 2016.
(d) Definitions. As used in this section, designated representative
means is 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 vessel, a Coast Guard Auxiliary
vessel, state or local law enforcement, or a location on shore.
(e) Penalties. Those who violate this section are subject to the
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Dated: August 19, 2016.
C. C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2016-20389 Filed 8-22-16; 4:15 pm]
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