[Federal Register Volume 79, Number 117 (Wednesday, June 18, 2014)]
[Rules and Regulations]
[Pages 34627-34629]
[FR Doc No: 2014-14238]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0061]
RIN 1625-AA00

Safety Zones; Annually Recurring Events in Coast Guard
Southeastern New England Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the safety zones for the ``RI Air
National Guard Air Show'' and the ``Swim Buzzards Bay'' events. This
amendment adds an additional month to the eligible dates for which the
Safety Zones apply to each of these two events.

DATES: This rule is effective July 18, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0061. To view documents mentioned in the preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Mr. Edward G. LeBlanc at Coast Guard Sector Southeastern New
England,<PHONE_NUMBER>. If you have questions on viewing the docket,
please call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Rulemaking

A. Regulatory History and Information

    On April 8, 2014, we published a notice of rulemaking (NPRM)
entitled ``Safety Zones; Annually Recurring Events in Coast Guard
Southeastern New England Captain of the Port Zone'' in the Federal
Register (79 FR 19302). We received no comments on the rule.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1231, 46 U.S.C. Chapter
701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to define safety zones.
    On May 22, 2012, the Coast Guard published a Final Rule in the
Federal Register (77 FR 30188-30194) that amended certain established
permanent safety zones for numerous recurring marine events within
Coast Guard Sector Southeastern New England. For each recurring marine
event a range of eligible dates is included in the Table to 33 CFR
165.173. The Coast Guard is amending the safety zones at section 6.2
(RI Air National Guard Air Show) and 7.12 (Swim Buzzards Bay) of the
Table contained in 33 CFR 165.173. This amendment adds an additional
month to the eligible dates for which the safety zones at 33 CFR
165.173 apply to each of these two events.

C. Background

    For the Air Show, the month of May is added to June and July, so
that the safety zone at 33 CFR 165.173 now applies to one weekend in
May, June, or July, rather than just June or July as was applicable
under the original regulation being amended.
    For the Swim, the month of June is added to July and August, so
that the safety zone at 33 CFR 165.173 applies to one Saturday or
Sunday in June, July, or August, rather than just July or August as was
applicable under the original regulation being amended.
    These revisions provide a larger window of eligible dates for the
sponsors of each event to better coordinate with other waterway users,
major participants, and state and local safety officials.

D. Discussion of Comments, Changes and the Final Rule

    No comments were received, and no changes were made to the language
contained in the NPRM.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. Although this regulation may
have some impact on the public, the potential impact will be minimized
for the following reasons: The Air Show will be limited to only a
single three-day weekend period (Friday, Saturday, and Sunday)
potentially in the month of May, and the Air Show has occurred annually
for many years with no negative public comments or concerns regarding
impacts to navigation. The Swim will be limited to only a single

Saturday or Sunday potentially in the month of June, and the Swim has
occurred annually for many years with few public concerns regarding
impacts to navigation, and those concerns have been readily and
satisfactorily resolved.
    Notifications are made to the local maritime community through the
Local Notice to Mariners well in advance of the Air Show and Swim. No
new or additional restrictions are imposed on vessel traffic.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. 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 received no comments from the Small Business
Administration on this rule.
    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. This rule affects the following entities, some of which might
be small entities: owners or operators of vessels intending to transit,
fish, or anchor in the area of the Air Show as listed in section 6.2 of
the Table to 33 CFR 165.173.
    The rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: The Air
Show is limited to only a single three-day weekend period (Friday,
Saturday, and Sunday) during the entire eligible period (May, June,
July), and the Air Show has occurred annually for many years with no
negative public concerns regarding impacts to navigation. The Swim is
limited to a single Saturday or Sunday during the entire eligible
period (June, July, August), and the Swim has occurred annually for
many years with few negative public concerns regarding impacts to
navigation, and those concerns have been readily and satisfactorily
resolved.
    Notifications are made to the local maritime community through the
Local Notice to Mariners well in advance of the Air Show and Swim. No
new or additional restrictions are imposed on vessel traffic.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding this rule so that they can
better evaluate its effects on them and participate in the rulemaking
process.
    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.

4. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

6. 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.

7. 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 does not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. 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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action appears to be one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment.
    Any comments made in response to the previously published Notice of
Proposed Rulemaking for this action

were also considered in arriving at this conclusion. This rule is
categorically excluded, under figure 2-1, paragraphs (34)(g) and
(34)(h) of the Instruction since it involves establishment of safety
zones for annually recurring marine events, including marine related
fireworks events and special local regulations for regattas. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

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; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

Sec.  165.173  [Amended]

0
2. Amend the table in Sec.  165.173 as follows:
0
a. Add a new category entitled ``5.0 MAY'' below the category ``1.0 365
DAY JANUARY-DECEMBER'' and above the category ``6.0 JUNE'';
0
b. Redesignate item 6.2, ``RI National Guard Air Show'' as item 5.1,
and locate it beneath the category ``5.0 MAY'';
0
c. Redesignate item 7.12 ``Swim Buzzards Bay'' as item 6.2, and locate
it below item 6.1 ``Oak Bluffs Summer Solstice'', and reserve item
7.12;
0
d. Revise the entry for ``Date'' in newly redesignated item 5.1, ``RI
Air National Guard Air Show'' to read ``Date: One weekend (Friday,
Saturday, and Sunday) in May, June, or July, as announced in the local
Notice to Mariners.''; and
0
e. Revise the entry for ``Date'' in newly redesignated item 6.2 ``Swim
Buzzards Bay'' to read ``Date: One Saturday or Sunday in June, July, or
August, as announced in the local Notice to Mariners.''

    Dated: May 21, 2014.
J.T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New
England.
[FR Doc. 2014-14238 Filed 6-17-14; 8:45 am]
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