Safety Zone; Casco Bay Islands Swim/Run, Casco Bay, Portland, ME
Federal Register, Volume 81 Issue 108 (Monday, June 6, 2016)
Federal Register Volume 81, Number 108 (Monday, June 6, 2016)
Proposed Rules
Pages 36243-36245
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2016-13342
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
Docket Number USCG-2016-0329
RIN 1625-AA00
Safety Zone; Casco Bay Islands Swim/Run, Casco Bay, Portland, ME
AGENCY: Coast Guard, 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 Portland Harbor and Casco Bay to be enforced during the Casco Bay Islands Swim/Run marine event. The event involves athletes tethered together by a line in which they will run and swim on and between eight islands of the Casco Bay archipelago. This safety zone will facilitate the protection of the event participants, their support vessels, and the maritime public from the hazards associated with the event. This proposed rulemaking would prohibit persons and vessels from entering into, transiting through, mooring, or anchoring within this safety zone during periods of enforcement unless authorized by the Coast Guard Sector Northern New England Captain of the Port (COTP) or the COTP's 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 July 6, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0329 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 on this proposed rulemaking, call or email MSTC Bains, Sector Northern New England Waterways Management Division, U.S. Coast Guard; telephone 207-347-
5003, email Chris.D.Bains@uscg.mil.
SUPPLEMENTARY INFORMATION:
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Table of Abbreviations
DHS Department of Homeland Security
U.S.C. United States Code
CFR Code of Federal Regulation
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983
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Background, Purpose, and Legal Basis
On December 15, 2015, the Coast Guard was notified of a swimming and running event that will occur within the Casco Bay Islands archipelago from 7:30 a.m. to 11:00 a.m. on August 14, 2016. The name of the marine event is called the Casco Bay Islands Swim/Run. Participants will begin the event with a run on Great Chebeague Island to Little Chebeague Island. From Little Chebeague Island they will start the swim/run process with a 470 yard swim to Long Island. After a short run, the athletes will swim an additional 900 yards on the east side of the island to a point back on Long Island. Next, the participants will swim 1,300 yards to Cow Island and then an additional 540 yards to Great Diamond Island. From Great Diamond Island, the participants will swim 700 yards to Peaks Island, then an additional 500 yards to another point on the southern end of Peaks Island. The participants will then swim 700 yards to House Island. From House Island the participants will swim 800 yards to the Little Diamond Island Landing. The final swim leg is a 650 yard swim from the Little Diamond Island Landing back to Peaks Island. Hazards associated with this marine event include accidental collisions with the event participants and the maritime public. The COTP has determined that potential hazards associated with the marine event will be a safety concern for event participants, the support vessels, and the maritime public.
The purpose of this rulemaking is to ensure the safety of event participants, the support vessels, the maritime public, and the navigable waters within a 200-feet radius of the event participants, during, and after the scheduled event. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.
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Discussion of Proposed Rule
The COTP proposes to establish a temporary safety zone from 6:30 a.m. to 12:00 p.m. on August 14, 2016. The safety zone would cover all navigable waters within the geographic locations specified in the regulatory text on the navigable waters of Casco Bay, Portland, Maine. Vessels not associated with the event shall maintain a distance of at least 200 feet from the participants. The duration of the zone is intended to ensure the safety of event participants, support vessels, the maritime public, and these navigable waters before, during, and after the scheduled 7:30 a.m. to 11:00 a.m. event. No vessel or person would be permitted to enter the safety zone without first obtaining permission from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document.
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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.
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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 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.
We expect the economic impact of this rule to be minimal. This regulation may have an impact on the general public, but that potential impact will likely be minimal for several reasons. First, this safety zone will be in effect for only five and a half hours in the morning when vessel traffic is expected to be light. In addition, vessels may enter or pass through the safety zone during an enforcement period with the permission of the COTP or the designated representative. Lastly, the Coast Guard will provide notification to the public through Broadcast Notice to
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Mariners and the Local Notice to Mariners publication well in advance of the event.
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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 will not have a significant economic impact on a substantial number of small entities.
For all of the reasons discussed in the REGULATORY PLANNING AND REVIEW section, this rule would not have a significant economic impact on a substantial number of small entities.
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), 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, above. 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.
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Collection of Information
This proposed rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
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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 above.
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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.
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Environment
We have analyzed this proposed 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 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 safety zone lasting five and half hours that would prohibit entry within 200 feet of the participants and vessels in support of the event. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist is 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 proposed rule.
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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.
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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, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).
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 Web site'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 proposes to amend 33 CFR part 165 as follows:
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PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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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.
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2. Add Sec. 165.T01-3029 to read as follows:
Sec. 165.T01-0329 Safety Zone--Casco Bay Islands Swim Event--Casco Bay, Portland, Maine.
(a) General. Establish a temporary safety zone:
(1) Location. The following area is a safety zone: All navigable waters, from surface to bottom, within (200) feet from the participants and vessels in support of events in Casco Bay, Portland, ME, and enclosed by a line connecting the following points (NAD 83):
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Latitude Longitude
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43deg42'47'' N....................... 70deg07'07'' W.; thence to.
43deg38'09'' N....................... 70deg11'57'' W.; thence to.
43deg38'57'' N....................... 70deg12'55'' W.; thence to.
43deg41'31'' N....................... 70deg11'37'' W.; thence to.
43deg43'25'' N....................... 70deg08'25'' W.; thence to
point of origin.
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(2) Effective and Enforcement Period. This rule will be effective on August 14, 2016, from 6:30 a.m. to 12:00 p.m.
(b) Regulations. While this safety zone is being enforced, the following regulations, along with those contained in 33 CFR 165.23, apply:
(1) No person or vessel may enter or remain in this safety zone without the permission of the Captain of the Port (COTP) or the COTP's representatives. However, any vessel that is granted permission by the COTP or the COTP's representatives must proceed through the area with caution and operate at a speed no faster than that speed necessary to maintain a safe course, unless otherwise required by the Navigation Rules.
(2) Any person or vessel permitted to enter the safety zone shall comply with the directions and orders of the COTP or the COTP's representatives. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing lights, or other means, the operator of a vessel within the zone shall proceed as directed. Any person or vessel within the safety zone shall exit the zone when directed by the COTP or the COTP's representatives.
(3) To obtain permissions required by this regulation, individuals may reach the COTP or a COTP representative via VHF channel 16 or 207-
767-0302 (Sector Northern New England Command Center).
(c) Penalties. Those who violate this section are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 1226.
(d) Notification. Coast Guard Sector Northern New England will give notice through the Local Notice to Mariners, Broadcast Notice to Mariners, and to mariners for the purpose of enforcement of this temporary safety zone. Sector Northern New England will also notify the public to the greatest extent possible of any period in which the Coast Guard will suspend enforcement of this safety zone.
(e) COTP Representative. The COTP's representative may be 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 Guard vessel, a Coast Guard Auxiliary vessel, a state or local law enforcement vessel, or a location on shore.
Dated: May 16, 2016.
M.A. Baroody,
Captain, U. S. Coast Guard, Captain of the Port, Sector Northern New England.
FR Doc. 2016-13342 Filed 6-3-16; 8:45 am
BILLING CODE 9110-04-P
