Rule2021-11689
Special Local Regulation; East Passage, Narragansett Bay, RI
Primary source
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Published
June 3, 2021
Effective
July 6, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is amending an existing special local regulation for certain waters of the East Passage, Narragansett Bay, RI. This action is necessary to provide for the safety of life on these navigable waters near East Passage, Narragansett Bay, RI, during a sail boat race. This regulation would prohibit persons and vessels from entering the special local regulation unless authorized by the Captain of the Port Sector Southeastern New England or a designated representative.
Full Text
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<title>Federal Register, Volume 86 Issue 105 (Thursday, June 3, 2021)</title>
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[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Rules and Regulations]
[Pages 29691-29694]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11689]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2020-0035]
RIN 1625-AA08
Special Local Regulation; East Passage, Narragansett Bay, RI
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending an existing special local
regulation for certain waters of the East Passage, Narragansett Bay,
RI. This action is necessary to provide for the safety of life on these
navigable waters near East Passage, Narragansett Bay, RI, during a sail
boat race. This regulation would prohibit persons and vessels from
entering the special local regulation unless authorized by the Captain
of the Port Sector Southeastern New England or a designated
representative.
DATES: This rule is effective July 6, 2021.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
amended regulation, call or email LT Benjamin Aaronson, Waterways
Management Division, U.S. Coast Guard; telephone (401) 435-2355, email
<a href="/cdn-cgi/l/email-protection#abef9b9a86f8e6e986f8cec8dfc4d9f8eee5ee86fccadfced9dccad2d8ebded8c8cc85c6c2c7"><span class="__cf_email__" data-cfemail="f8bcc8c9d5abb5bad5ab9d9b8c978aabbdb6bdd5af998c9d8a8f99818bb88d8b9b9fd6959194">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Southeastern New England
[[Page 29692]]
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Captain of the Port Sector Southeast New England (COTP) is
amending an existing special local regulation found in 33 CFR 100.119
for certain waters of the East Passage, Narragansett Bay, RI. This
action is necessary to provide for the safety of life on these
navigable waters near East Passage, Narragansett Bay, RI, during a sail
boat race requiring a limited access area restricting vessel traffic
for safety purposes.
On March 9, 2020, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Special Local Regulation; East Passage,
Narragansett Bay, RI (85 FR 13595). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this special local regulation. During the comment period that ended
April 8, 2020, two comments were recieved.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. Based on the nature of this sailboat race, large numbers of
participants and spectators, and event locations, the COTP has
determined that the potential hazards associated with the event listed
in this rule could pose a risk to participants or waterways users if
the normal vessel traffic were to interfere with the events. Possible
hazards include risks of injury or death from near or actual contact
among participant vessels and spectators or mariners traversing through
the regulated area. This purpose of this rule is to ensure the safety
of all waterway users, including event participants, spectators, and
vessels during this scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received two comments on the NPRM published
March 9, 2020 that were not relevant to this rulemaking. Both of these
comments were submitted anonymously and unrelated to this rulemaking.
There is one change in the regulatory text of this rule from the
proposed rule in the NPRM. The last longitudinal coordinate of
072[deg]22'83'' W was changed to 071[deg]22'83'' W in the first
regulated area due to a typing error.
This rule amends a special local regulation found in 33 CFR 100.119
currently reads as follows:
Regulated area. The regulated area includes all waters of
Narragansett Bay, Newport, RI, within the following points (NAD 83):
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]27'51'' N 071[deg]22'14'' W
41[deg]27'24'' N 071[deg]21'57'' W
41[deg]27'09'' N 071[deg]22'39'' W
41[deg]27'36'' N 072[deg]22'55'' W
------------------------------------------------------------------------
In the event that weather conditions prohibit a safe race start
within the approach to Newport Harbor, the race will begin offshore and
the following regulated area applies (NAD 83):
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]26'04'' N 071[deg]22'16'' W
41[deg]25'36'' N 071[deg]21'58'' W
41[deg]25'45'' N 071[deg]22'40'' W
41[deg]25'49'' N 071[deg]22'56'' W
------------------------------------------------------------------------
The amended regulation would be to expand the size of the first
regulated area and to adjust the latitude and longitude of the second
regulated area to encompass a new potential starting line for the race
to accommodate for ideal weather parameters. The special local
regulation would cover all navigable waters from an area just south of
Rose Island expanding just past Castle Hill, RI, and also an area near
Brenton Point. The amended location of the special local regulation is
as follows:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]29'13'' N 071[deg]20'07'' W
41[deg]29'41'' N 071[deg]20'87'' W
41[deg]27'27'' N 071[deg]22'00'' W
41[deg]27'45'' N 071[deg]22'83'' W
------------------------------------------------------------------------
In the event that weather conditions prohibit a safe race start
within the approach to Newport Harbor, the race will begin offshore and
the following regulated area applies (NAD 83):
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]26'06'' N 071[deg]22'27'' W
41[deg]25'60'' N 071[deg]21'97'' W
41[deg]25'36'' N 071[deg]22'65'' W
41[deg]25'82'' N 071[deg]22'93'' W
------------------------------------------------------------------------
The starting line will take place within one of the amended
regulated areas and will be decided prior to the race pending current
weather conditions. The starting line box will be the restricted part
of the waterway within the regulated area and that exact location will
be broadcasted prior to the race start. The duration of the special
local regulation is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled sail boat
race. No vessel or person is permitted to enter the special local
regulation without obtaining permission from the COTP or a designated
representative. They may be contacted on VHF-FM Channel 16 or by phone
at 508-457-3211. Persons and vessels permitted to enter this special
local regulation must transit at their slowest safe speed and comply
with all lawful directions issued by the COTP or a designated
representative. The COTP or a designated representative will inform the
public through broadcast notices to mariners of the enforcement period
for the special local regulation as well as any changes in the planned
schedule. The regulatory text we are amending 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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration and time-of-day of the special local regulation. We
expect the adverse economic impact to this area to be minimal. Although
this regulation may have adverse impact on the impact, the potential
impact will be minimized for the following reasons: The special local
regulation will be in effect for a maximum of 6 hours during the day of
the event; vessels will only be restricted from the area in the East
Passage of the Narragansett Bay during those limited periods when the
races are actually on going; there is an alternate route, the West
Passage of Narragansett Bay, that does not add substantial transit
time, is already routinely used by mariners, and will not be affected
by this special local regulation. Moreover, the Coast Guard
[[Page 29693]]
would issue a Broadcast Notice to Mariners (BNMs) via VHF-FM marine
channel 16 about the area, and the rule would allow vessels to seek
permission to enter the area.
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
amended 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
special local regulation may be small entities, for the reasons stated
in section IV.A above, this amended 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 (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
call or email 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.
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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 amended rule involves
a special local regulation lasting approximately 6 hours that would
prohibit entry within the regulated area. Such actions are
categorically excluded from further review under paragraph L 61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041.
0
2. Revise Sec. 100.119 to read as follows:
Sec. 100.119 Special Local Regulation; East Passage, Narragansett
Bay, RI.
(a) Regulated area. (1) The regulated area includes all waters of
Narragansett Bay, Newport, RI, within the following points (NAD 83):
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]29'13'' N 071[deg]20'07'' W
41[deg]29'41'' N 071[deg]20'87'' W
41[deg]27'27'' N 071[deg]22'00'' W
41[deg]27'45'' N 071[deg]22'83'' W
------------------------------------------------------------------------
(2) In the event that weather conditions prohibit a safe race start
within the approach to Newport Harbor, the race will begin offshore and
the following regulated area applies (NAD 83):
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]26'06'' N 071[deg]22'27'' W
41[deg]25'60'' N 071[deg]21'97'' W
41[deg]25'36'' N 071[deg]22'65'' W
41[deg]25'82'' N 071[deg]22'93'' W
------------------------------------------------------------------------
(b) Effective period. This special local regulation is in effect
biennially on a date and times published in the Local Notice to
Mariners.
(c) Special local regulations. (1) Entry into this area is
prohibited unless authorized by the Captain of the Port Sector
Southeastern New England (COTP) or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector Southeastern New England.
(2) Persons or vessels seeking to enter the regulated area must
request permission from the COTP or a
[[Page 29694]]
designated representative on VHF-FM channel 16 or by telephone at 508-
457-3211.
(3) Persons and vessels permitted to enter this regulated area must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public through local notice to mariners
and Broadcast Notices to Mariners of the enforcement period for the
regulated area as well as any changes in the planned schedule.
Dated: April 14, 2021.
C.J. Glander,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New
England.
[FR Doc. 2021-11689 Filed 6-2-21; 8:45 am]
BILLING CODE 9110-04-P
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