Proposed Rule2024-06930
Safety Zone; Narragansett Bay, Newport, RI
Primary source
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Published
April 2, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary safety zone 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 sailboat race. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector Southeastern New England or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 89 Issue 64 (Tuesday, April 2, 2024)</title>
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[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Proposed Rules]
[Pages 22645-22648]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06930]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0195]
RIN 1625-AA00
Safety Zone; Narragansett Bay, Newport, RI
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone 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
sailboat race. This proposed rulemaking would prohibit persons and
vessels from being in the safety zone unless authorized by the Captain
of the Port Sector Southeastern New England or a 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 May 2, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0195 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Christopher Matthews, Waterways
Management Division, Sector Southeastern New England, U.S. Coast Guard;
telephone 571-610-4969, email <a href="/cdn-cgi/l/email-protection#481b0d060d1f1f05083d3b2b2f66252124"><span class="__cf_email__" data-cfemail="7a293f343f2d2d373a0f09191d54171316">[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, Purpose, and Legal Basis
On January 31, 2024, an organization notified the Coast Guard that
it will be conducting a sailboat race from 10:30 a.m. through 6:30 p.m.
on June 21, 2024, with a rain date of June 22, 2024. The sailboat race
will launch from the East Passage in Narragansett Bay south of Rose
Island. 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.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the East Passage of the Narragansett
Bay before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 10:30 a.m. to
6:30 p.m. on June 21, 2024, with a rain date of June 22, 2024. The
safety zone would cover one of three possible locations depending on
the weather. Safety Zone ``A'' will cover all navigable waters from an
area just south of Rose Island near Fort Adams. Safety Zone ``B'' for
inclement weather will cover all navigable waters near Brenton Point.
Safety Zone ``C'' will cover all navigable waters from an area south of
Rose Island near Castle Hill, RI.
The proposed location of the Safety Zone ``A'' is as follows:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]29'08'' N 071[deg]20'04'' W: thence to
41[deg]28'27'' N 071[deg]20'40'' W: thence to
41[deg]28'38'' N 071[deg]21'14'' W: thence to
41[deg]29'25'' N 071[deg]20'52'' W: and thence to the
point of beginning.
------------------------------------------------------------------------
If weather conditions prohibit a safe race start within the
approach to Newport Harbor using Safety Zone ``A'' the race will begin
offshore using Safety Zone ``B'' or Safety Zone ``C'':
The proposed location of the Safety Zone ``B'' is as follows:
[[Page 22646]]
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]26'04'' N 071[deg]22'16'' W: thence to
41[deg]25'36'' N 071[deg]21'58'' W: thence to
41[deg]25'21'' N 071[deg]22'38'' W: thence to
41[deg]25'49'' N 071[deg]22'56'' W: and thence to the
point of beginning.
------------------------------------------------------------------------
The proposed location of the Safety Zone ``C'' is as follows:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]27'57'' N 071[deg]21'44'' W: thence to
41[deg]27'16'' N 071[deg]22'00'' W: thence to
41[deg]27'27'' N 071[deg]22'50'' W: thence to
41[deg]28'08'' N 071[deg]22'34'' W: and thence to the
point of beginning.
------------------------------------------------------------------------
The starting line will take place within one of the proposed
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 safety zone
is intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled sailboat race. No vessel or
person is permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or by phone at 866-819-9128. Persons and
vessels permitted to enter this safety zone 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 safety zone as well as any
changes in the planned schedule. The regulatory text we are proposing
appears at the end of this document.
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. This NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM 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 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 safety zone will be in effect
for a maximum of 8 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 safety zone. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners (BNMs) via VHF-
FM marine channel 16 about the area, and the proposed 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
proposed 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
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 proposed 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 proposed 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. 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 call or email 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
[[Page 22647]]
proposed rule would not result in such an expenditure, we do discuss
the potential effects of this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 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 safety
zone lasting 8 hours that would prohibit entry within the regulated
area. Normally such actions are categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. 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 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.
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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0195 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing 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 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.T01-0195 to read as follows:
Sec. 165.T01-0195 Safety Zone; Narragansett Bay, Newport, RI.
(a) Location. 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 via marine channel 16 (VHF-FM). The following areas are safety
zones.
(1) Safety Zone ``A'' encompasses all navigable waters located
within the following latitude and longitude points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]29'08'' N 071[deg]20'04'' W: thence to
41[deg]28'27'' N 071[deg]20'40'' W: thence to
41[deg]28'38'' N 071[deg]21'14'' W: thence to
41[deg]29'25'' N 071[deg]20'52'' W: and thence to the
point of beginning.
------------------------------------------------------------------------
(2) Safety Zone ``B'' encompasses all navigable waters located
within the following latitude and longitude points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]26'04'' N 071[deg]22'16'' W: thence to
41[deg]25'36'' N 071[deg]21'58'' W: thence to
41[deg]25'21'' N 071[deg]22'38'' W: thence to
41[deg]25'49'' N 071[deg]22'56'' W: and thence to the
point of beginning.
------------------------------------------------------------------------
(3) Safety Zone ``C'' encompasses all navigable waters located
within the following latitude and longitude points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]27'57'' N 071[deg]21'44'' W: thence to
41[deg]27'16'' N 071[deg]22'00'' W: thence to
41[deg]27'27'' N 071[deg]22'50'' W: thence to
41[deg]28'08'' N 071[deg]22'34'' W: and thence to the
point of beginning the point of
beginning.
------------------------------------------------------------------------
(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 zones 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 on VHF-FM channel 16 or by telephone at 508-457-3211.
Those in the safety zone must comply with all lawful orders or
directions given to
[[Page 22648]]
them by the COTP or the COTP's designated representative.
(d) Enforcement period. This section will be enforced from 10:30
a.m. to 6:30 p.m. on June 21, 2024, or June 22, 2024. To alleviate the
effects of this proposed rule on the public, the COTP may elect to
temporarily suspend enforcement of these security zones.
(e) 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.
Clinton J. Prindle,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New
England.
[FR Doc. 2024-06930 Filed 4-1-24; 8:45 am]
BILLING CODE 9110-04-P
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