[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Proposed Rules]
[Pages 13595-13598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04760]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to amend 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 proposed rulemaking 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. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 8, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0035 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LT Arthur Frooks, Waterways 
Management Division, U.S. Coast Guard; telephone 401-435-2355, email 
D01-SMB-SectorSENE-Waterways@uscg.mil.

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 October 17, 2019, the Newport to Bermuda Race notified the Coast 
Guard that they would be conducting a sail boat race from 11 a.m. 
through 5 p.m.

[[Page 13596]]

on June 19, 2020, with the potential make up dates being June 20, 2020 
and June 21, 2020. The sail boat race will be launched from 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 sail boat 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 East Passage before, during, and after 
the scheduled event. The Coast Guard proposes this rulemaking under 
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231) and 46 U.S.C. 
70041.

III. Discussion of Proposed Rule

    The COTP proposes to amend a special local regulation from 11 a.m. 
through 5 p.m. on June 19, 2020, with makeup dates being June 20, 2020, 
or June 21, 2020. The regulation found in 33 CFR 100.119 includes a 
regulated area for 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 proposed amendment 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 proposed 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                     072[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 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 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 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 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 
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 
special local regulation 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 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),

[[Page 13597]]

we want to assist small entities in understanding this proposed 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. 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 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this 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 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. 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 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.

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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's Correspondence 
System of Records notice (84 FR 48645, September 26, 2018).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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; 33 CFR 1.05-1.

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):

                        Table 1 to Sec.   100.119
------------------------------------------------------------------------
              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                     072[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):

                        Table 2 to Sec.   100.119
------------------------------------------------------------------------
              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

[[Page 13598]]

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 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: March 3, 2020.
C.J. Glander,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New 
England.
[FR Doc. 2020-04760 Filed 3-6-20; 8:45 am]
BILLING CODE 9110-04-P


