[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Rules and Regulations]
[Pages 64066-64068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22464]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2016-0790]
RIN 1625-AA87
Security Zone; 22nd International Seapower Symposium, Goat
Island, Newport, RI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone
along the western shore of Goat Island, Newport, Rhode Island,
including the vicinity of Newport Harbor Light at the northeastern
point of Goat Island to and around the Goat Island Connector between
Goat Island and Newport, Rhode Island, in conjunction with the 22nd
International Seapower Symposium. Entry into this zone by any vessel or
persons is prohibited unless specifically authorized by the Captain of
the Port (COTP), Southeastern New England or the COTP's designated on-
scene representative.
DATES: This rule is effective without actual notice from September 19,
2016 until September 23, 2016. For the purposes of enforcement, actual
notice will be used from September 18, 2016 until September 19, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0790 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
temporary rule, call or email Mr. Edward G. LeBlanc at 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
TFR Temporary Final Rule
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary final 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 of
the sensitive security issues related to these special events, the
Coast Guard was not aware of the final details with sufficient time to
solicit public comments. Thus, waiting for a full comment period to run
would inhibit the Coast Guard's ability to keep senior military leaders
and government officials, along with the general public, safe from
subversive acts directed at these high visibility special events.
Providing a prolonged public notice and comment period is contrary to
the public interest due to national security concerns.
We are issuing this rule, and 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. Any delay
encountered in this temporary rule's effective date would be contrary
to the public interest given the immediate need to ensure the safety
and security of event attendees.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231; which authorizes the Coast Guard to define Security Zones.
This action is intended to temporarily prohibit vessel traffic from
transiting within 250 yards of the western shore of Goat Island and
within a 250 yard radius of Newport Harbor Light at the northeastern
point of Goat Island and extending to 250 yards on either side of the
Goat Island Connector between Goat Island and Newport, Rhode Island, to
ensure the security of attendees to the 22nd International Seapower
Symposium by properly safeguarding against potential sabotage,
subversive acts, or other threats.
[[Page 64067]]
IV. Discussion of Comments, Changes, and the Rule
The 22nd International Seapower Symposium is being held on Goat
Island, Newport, RI, from September 18 through September 23, 2016. High
level U.S. officials and delegates from over 125 countries are expected
to attend. Goat Island, the site of the 22nd International Seapower
Symposium, is waterfront property in Newport, Rhode Island, within the
Captain of the Port, Southeastern New England zone.
This rule establishes a temporary 250-yard security zone in the
navigable waters adjacent to the western shore of Goat Island and in
the vicinity of Newport Harbor Light at the northeastern point of Goat
Island and extending to 250 yards on either side of the Goat Island
Connector between Goat Island and Newport, Rhode Island, where the 22nd
International Seapower Symposium is being held from September 18
through September 23, 2016. Vessels and persons will be prohibited from
entering this security zone during the 22nd International Seapower
Symposium. The perimeter of the security zone along the western shore
and northeast point of Goat Island will be clearly marked by six
special purpose white buoys with orange stripes. It has been determined
that the necessary security enhancements provided by this rule greatly
outweigh any potential negative impacts. Public notifications will be
made prior to and during the entire effective period of this security
zone via marine information broadcasts and local notice to mariners.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders relating to rulemaking. Below we summarize our
analyses based on 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, the rule has not been reviewed by the Office of Management
and Budget.
This regulatory action determination is based on the size,
location, duration of the event. The effect of this rule will be small,
as the duration of the security zone is for only six days.
Additionally, vessels may be permitted to transit and navigate in
waters adjacent to this security zone, minimizing any adverse impact.
Maritime advisories will be broadcast. The Coast Guard anticipates
negligible negative impact on vessel traffic from this temporary
security zone. It will be in effect for only six days and will only
affect waters adjacent to the western shore, northeast end of Goat
Island, and the Goat Island Connector where there are no major
channels, slips, marinas, or other waterfront facilities for
recreational or commercial traffic. Additionally, the security zone is
in effect in mid- to late-September when there is reduced vessel
activity in the vicinity of Goat Island and vessels can transit safely
around the security zone and in all other waters of Newport Harbor.
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
would 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 would 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 calls for no 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 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.
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 does 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,
[[Page 64068]]
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 the establishment of a temporary 250-
yard security zone in the navigable waters in the vicinity of Newport
Harbor in conjunction with the 22nd International Seapower Symposium.
Normally such actions are categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of Commandant Instruction
M16475.lD. An environmental analysis checklist and 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.
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), Reports 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; Department of Homeland Security Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T01-0790 to read as follows:
Sec. 165.T01-0790 Security Zone: Goat Island, Newport, Rhode Island.
(a) Location. The following area is a security zone: All navigable
waters, from surface to bottom, within 250 yards of the western shore
of Goat Island, Newport, Rhode Island, marked at its southern boundary
by Goat Island Southwest Buoy ``1'' (U.S. Coast Guard Light List No.
17825) in approximate position 41[deg]28'56.869'' N.,
71[deg]19'45.865'' W., and extending north parallel to the western
shore to where it meets and includes an arc extending in a 250 yard
radius around Newport Harbor Light (U.S. Coast Guard Light List No.
17850) at position 41[deg]29'36.000'' N., 071[deg]19'37.800'' W. and
extends to and includes waters within 250 yards on either side of the
Goat Island Connector between Goat Island and Newport, Rhode Island.
(b) Effective and enforcement period. This rule will be effective
and enforced from 8:00 a.m. on September 18, 2016 to 8:00 p.m. on
September 23, 2016.
(c) Definitions. The following definitions apply to this section:
``Designated on-scene patrol personnel'' means any commissioned,
warrant and petty officers of the Coast Guard operating Coast Guard
vessels who have been authorized to act on the behalf of the Captain of
the Port, Southeastern New England.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.33 apply.
(2) In accordance with the general regulations in Sec. 165.33 of
this part, entry into or movement within this zone is prohibited unless
authorized by the Captain of the Port, Southeastern New England.
(3) All persons and vessels shall comply with the Coast Guard
Captain of the Port or designated on-scene patrol personnel.
(4) Upon being hailed by a Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel shall proceed
as directed.
(5) Persons and vessels may request permission to enter the zone on
VHF-16.
Dated: August 31, 2016.
J.A. Smith,
Commander, U.S. Coast Guard, Acting Captain of the Port, Southeastern
New England.
[FR Doc. 2016-22464 Filed 9-16-16; 8:45 am]
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