
[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 
Mark.E.Cutter@uscg.mil.

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]
 BILLING CODE 9110-04-P


