[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Rules and Regulations]
[Pages 82915-82917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28111]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0639]
RIN 1625-AA00


Safety Zone; Narragansett Bay, Quonset, RI

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters within a 1,700 foot radius of the barge M. J. VERROCHI 
located in Narragansett Bay, Quonset, RI. The safety zone is needed to 
protect personnel, vessels, and the marine environment from the 
potential hazards created by dredging operations that include drilling 
and blasting. When enforced, entry of vessels or persons into this zone 
is prohibited unless specifically authorized by the Captain of the 
Port, Southeastern New England or designated representative.

DATES: 
    Effective date: This rule is effective from December 30, 2020 
through January 31, 2021.
    Comments due date: Comments and related material must be received 
by the Coast Guard on or before December 31, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2020-0639 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule. You may submit 
comments identified by docket number USCG-2020-0639 using the Federal 
eRulemaking Portal at http://www.regulations.gov. See the ``Public 
Participation and Request for Comments'' portion for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email the Waterways Management Division, U.S. Coast Guard 
Sector Southeastern New England, telephone 401-435-2342, email 
SENEWWM@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rule Making
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 Notice of Proposed Rulemaking (NPRM) 
with respect to this rule because it is impracticable. The Coast Guard 
did not receive sufficient details to evaluate the drilling and 
blasting in Narragansett Bay until November 23, 2020. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by December 30, 2020, but lack sufficient time to collect public 
comments and to address them before issuing the rule.
    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. For reasons stated in the preceding paragraph, 
delaying the effective date of this rule would be impracticable and 
contrary to the public interest because timely action is needed to 
respond to the potential safety hazards associated with the drill and 
blast project.

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 Captain of the Port (COTP) 
Sector Southeastern New England has determined that potential hazards 
exist with the loading of explosives, transit of explosives and storage 
of explosives on the barge M. J. VERROCHI during the drill and blast 
project. This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone.

[[Page 82916]]

IV. Discussion of the Rule

    This rule establishes a safety zone from December 30, 2020 through 
January 31, 2021. The safety zone will cover all navigable waters 
within 1,700 feet of the barge M. J. VERROCHI used for dredging 
operations in Narragansett Bag near Quonset, RI. The duration of the 
zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters while the barge M. J. VERROCHI 
conducts dredging operations that include drilling and blasting. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. The 
Coast Guard will notify the public and local mariners of this safety 
zone through appropriate means, which may include, but are not limited 
to; publication in the Local Notice to Mariners and Broadcast Notice to 
Mariners via marine Channel 16 (VHF-FM) in advance of any enforcement.

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, it 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-year of the safety zone. This safety 
zone will restrict vessel traffic from entering or transiting in 
Narragansett Bay within 1,700 foot radius around the barge M. J. 
VERROCHI. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the safety zone, and vessel 
traffic will be able to seek permission from COTP to safely transit 
through the zone.

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 
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 
V.A above, this rule will not have a significant 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 
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 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 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 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 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 the 
establishment of a safety zone on the navigable waters of Narragansett 
Bay, RI that will prohibit entry within a 1,700 foot radius of the 
barge M. J. VERROCHI. 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. 01. 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 contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to

[[Page 82917]]

coordinate protest activities so that your message can be received 
without jeopardizing the safety or security of people, places, or 
vessels.

VI. 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 the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this TIR 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 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; 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.T01-0639 to read as follows:


Sec.  165.T01-0639  Safety Zone; Narragansett Bay, Quonset, RI.

    (a) Location. The following area is a safety zone: All navigable 
waters from surface to bottom, within a 1,700 foot radius around the 
barge M. J. VERROCHI located in Narragansett Bay, Quonset, RI.
    (b) Enforcement Periods. This section is enforceable 24 hours a day 
from December 30, 2020 through January 31, 2021, but will only be 
enforced when deemed necessary by the COTP Southeastern New England.
    (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. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of U.S. Coast Guard 
Sector Southeastern New England.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. To seek entry 
into the safety zone, contact the COTP or the COTP's representative by 
telephone at 508-457-3211 or on VHF-FM channel 16.
    (3) 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 the designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notice to Mariners of any 
changes in the planned schedule.

    Dated: December 15, 2020.
C.J. Glander,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New 
England.
[FR Doc. 2020-28111 Filed 12-18-20; 8:45 am]
BILLING CODE 9110-04-P


