Rule2023-10430
Safety Zone; East Passage Narragansett Bay, RI
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 16, 2023
Effective
May 20, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing two temporary safety zones but will only enforce one, based on the local weather conditions the day of the event for navigable waters of the East Passage, Narragansett Bay, RI during The Ocean Race marine event on May 20, 2023. The safety zone is needed to safeguard mariners from the hazards associated with high- speed, high-performance sailing vessels competing in inshore races on the waters of the East Passage, Narragansett Bay, RI. Entry of vessels or persons into this zone is prohibited unless specifically 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 88 Issue 94 (Tuesday, May 16, 2023)</title>
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[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Rules and Regulations]
[Pages 31175-31178]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10430]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0202]
RIN 1625-AA00
Safety Zone; East Passage Narragansett Bay, RI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing two temporary safety zones but
will only enforce one, based on the local weather conditions the day of
the event for navigable waters of the East Passage, Narragansett Bay,
RI during The Ocean Race marine event on May 20, 2023. The safety zone
is needed to safeguard mariners from the hazards associated with high-
speed, high-performance sailing vessels competing in inshore races on
the waters of the East Passage, Narragansett Bay, RI. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port, Sector Southeastern New England, or a
designated representative.
DATES: This rule is effective from noon through 5 p.m. on May 20, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0202 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST2 Christopher Matthews, Waterways Management Division,
Sector Southeastern New England, U.S. Coast Guard; telephone 401-435-
2348, email <a href="/cdn-cgi/l/email-protection#befdd6ccd7cdcad1ced6dbcc90ed90f3dfcacad6dbc9cdfecbcdddd990d3d7d2"><span class="__cf_email__" data-cfemail="94d7fce6fde7e0fbe4fcf1e6bac7bad9f5e0e0fcf1e3e7d4e1e7f7f3baf9fdf8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Southeastern New England
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
On March 3, 2023, the Ocean Race committee notified the Coast Guard
that they would be conducting a sailboat race from noon through 5 p.m.
on May 20, 2023. The sailboat race will take place in the vicinity of
the East Passage in Narragansett Bay, RI, near the Newport Pell Bridge.
The Captain of the Port Sector Southeastern New England (COTP) has
determined that potential hazards associated with the sailboat race
would be a safety concern for anyone attempting to transit within East
Passage in Narragansett Bay, RI. 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 notice of proposed rulemaking (NPRM) with respect to this
rule because doing so would be impracticable and contrary to the public
interest.
The details of this event were not known to the Coast Guard in
sufficient time to publish an NPRM. Delaying the effective date of this
rule to wait for a comment period to run would be impracticable and
contrary to the public interest because it would inhibit the Coast
Guard's ability to protect the public and vessels from the hazards
associated with the sailing event. The expeditious implementation of
this rule is in the public interest because it will help ensure the
safety of event participants, spectators, waterway users, and
surrounding vessels.
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. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with this world-wide sailing event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that The
Ocean Race presents a potential safety concern to vessels, people, and
the navigable waters of the East Passage of Narragansett Bay in the
vicinity of Newport, R.I. This event is part of a world-wide race, and
it is expected to generate national and international media coverage,
in addition to spectators on a number of recreational and excursion
vessels. As a result, this rule is needed to ensure the safety of
vessels and the navigable waters in the East Passage before, during,
and after the scheduled event.
IV. Discussion of the Rule
The Coast Guard is establishing two temporary safety zones, in
conjunction with The Ocean Race, to ensure the protection of the
maritime public and event participants from the hazards
[[Page 31176]]
associated with large-scale marine events. Although we are establishing
two temporary safety zones, Safety Zone ``A'' and Safety Zone ``B'',
only one safety zone will be enforced based on the local weather
conditions the day of the race. We will make notice of exactly what
safety zone will be enforced via broadcast notice to mariners. The
safety zone, either Safety Zone ``A'' or Safety Zone ``B'', will be
enforced on May 20, 2023, from 12:00 until 5:00 p.m. Safety Zone ``A''
encompasses all navigable waters located within the following latitude
and longitude points, 41.497N, 071.359W; 41.490N, 071.361W; 41.483N,
071.330W; 41.490N, 071.329W. Safety Zone ``B'' encompasses all
navigable waters located within the following latitude and longitude
points, 41.473N, 071.356W; 41.467N, 071.350W; 41.482N, 071.335W;
41.488N, 071.341W.
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[GRAPHIC] [TIFF OMITTED] TR16MY23.002
BILLING CODE 9110-04-C
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. A summary of our analyses based
on these statutes and Executive Orders follows.
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. 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).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. We expect the
adverse economic impact of this rule to be minimal. Although this
regulation may have some adverse impact on the public, the potential
impact will be minimized for the following reasons: the safety zone
will be in effect for a maximum of five hours for one day; vessels will
only be restricted from the zone in the East Passage of Narragansett
Bay during those limited periods when the races are actually ongoing;
during periods when there is no actual racing (e.g., racing vessels
transiting from the pier to the racing site, downtime between races,
etc.) vessels may be allowed to transit
[[Page 31177]]
through the safety zone with the permission of the COTP or the COTP's
representative.
Notification of The Ocean Race and the associated safety zone will
be made to mariners through the Local Notice to Mariners. The morning
of the race the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 regarding which zone will be enforced.
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 (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 rule involves a
temporary safety zone lasting only 5 hours over a one-day period that
will prohibit entry into a portion of the East Passage of Narragansett
Bay. There are two potential areas, Safety Zone ``A'' and Safety Zone
``B''. Safety Zone ``A'' encompasses all navigable waters located
within the following latitude and longitude points, 41.486 N, 071.343
W; 41.482 N, 071.335 W; 41.469 N, 071.350 W; 41.475 N, 071.358 W.
Safety Zone ``B'' encompasses all navigable waters located within the
following latitude and longitude points, 41.498 N, 071.361 W; 41.492 N,
071.362 W; 41.483 N, 071.334 W; 41.491 N, 071.330 W. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
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 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T01-0202 to read as follows:
Sec. 165.T01-0202 Safety Zone; The Ocean Race, East Passage,
Narragansett Bay, RI.
(a) Location. The following areas are a safety zone, Safety Zone
``A'' and Safety Zone ``B''. Safety Zone ``A'' encompasses all
navigable waters located within the following latitude and longitude
points, 41.486 N, 071.343 W; 41.482 N, 071.335 W; 41.469 N, 071.350 W;
41.475 N, 071.358 W. Safety Zone ``B'' encompasses all navigable waters
located within the following latitude and longitude points, 41.498 N,
071.361 W; 41.492 N, 071.362 W; 41.483 N, 071.334 W; 41.491 N, 071.330
W. Only one safety zone will be enforced based on the local weather
conditions the day of the race. We will make notice of exactly what
safety zone will be enforced via Broadcast Notice to
[[Page 31178]]
Mariners via marine channel 16 (VHF-FM).
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Southeastern New England (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM radio channel 16 or phone at 508-457-3211.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. This section will be enforced on May 20,
2023, from noon until 5 p.m.
Dated: May 11, 2023.
C.J. Prindle,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New
England.
[FR Doc. 2023-10430 Filed 5-15-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 16, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.