Safety Zone; Solo Swim, Rhode Island Sound, Block Island, RI

CourtCoast Guard,Homeland Safety Department,Homeland Security Department
Citation86 FR 47217
Publication Date24 Aug 2021
Record Number2021-18095
Federal Register, Volume 86 Issue 161 (Tuesday, August 24, 2021)
[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
                [Rules and Regulations]
                [Pages 47217-47219]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-18095]
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                DEPARTMENT OF HOMELAND SAFETY
                Coast Guard
                33 CFR Part 165
                [Docket Number USCG-2021-0656]
                RIN 1625-AA00
                Safety Zone; Solo Swim, Rhode Island Sound, Block Island, RI
                AGENCY: Coast Guard, DHS.
                ACTION: Temporary final rule.
                -----------------------------------------------------------------------
                SUMMARY: The Coast Guard is establishing a temporary safety zone on the
                navigable waters of Rhode Island Sound within 500 yards of the swimmer
                crossing the channel from Block Island, Rhode Island to East Matunuck,
                Rhode Island. This safety zone is needed to protect the swimmer, event
                sponsors' safety vessels, and others in the maritime community from the
                safety hazards that may arise during his event. When enforced, entry of
                vessels or persons into this zone is prohibited unless specifically
                authorized by the Captain of the Port Sector Southeastern New England
                or a designated representative.
                DATES: This rule is effective from 6 a.m. on August 23, 2021, through 2
                p.m. on August 25, 2021. But it will only be subject to enforcement
                from 6 a.m. to 2 p.m. on one of these dates.
                ADDRESSES: To view documents mentioned in this preamble as being
                available in the docket, go to http://www.regulations.gov, type USCG-
                2021-0656 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 Petty Officer Joshua Herriott, Sector Southeastern New
                England, U.S. Coast Guard; telephone (401) 435-2342, email
                [email protected].
                SUPPLEMENTARY INFORMATION:
                I. Table of Abbreviations
                CFR Code of Federal Regulations
                COTP Captain of the Port Sector Southeastern New England
                DHS Department of Homeland Safety
                FR Federal Register
                NPRM Notice of Proposed Rulemaking
                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. 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 publishing an NPRM
                would be impracticable and contrary to the public interest. The Coast
                Guard was notified of the swim event from Block Island, Rhode Island to
                East Matunuck, Rhode Island without ample time to allow for a
                reasonable comment period and consider those comments before issuing
                the rule. The safety zone must be established by August 23, 2021, to
                protect the swimmer, as well as spectators and areas in the area during
                the ``Solo Swim'' event.
                 Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
                exists for making this rule effective less than 30 days after
                publication in the Federal Register. Delaying the effective date of
                this rule would be impracticable because action is needed to protect
                the swimmer and ensure the safety in the navigable waters within the
                safety zone during the ``Solo Swim'' event.
                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 Sector
                Southeastern New England (COTP) has determined that potential hazards
                exist while the swimmer is crossing the recommended vessel route. This
                rule is needed to protect personnel, vessels, and the marine
                environment in the navigable waters within the safety zone.
                IV. Discussion of the Rule
                 The Coast Guard is establishing a temporary safety zone in Rhode
                Island Sound for all navigable waters within 500 yards of the swimmer
                crossing the recommended vessel route at approximately 41-17.5N, 71-
                32.0W, during his participation in the ``Solo Swim'' from Block Island,
                Rhode Island to East Matunuck, Rhode Island. No vessel or person will
                be permitted to
                [[Page 47218]]
                enter the safety zone on one day between August 23, 2021, and August
                25, 2021, from 6 a.m. through 2 p.m. Although the safety zone will only
                be enforced on a single day between August 23, 2021 and August 25, 2021
                the additional days will allow the swimmer a weather window to conduct
                a safe swim. Entry into this safety zone is prohibited unless
                specifically authorized by the COTP or their 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.
                 Requests for entry will be considered and reviewed on a case-by-
                case basis. The COTP may be contacted by telephone at 508-457-3211 or
                can be reached by VHF-FM channel 16. 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.
                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, this rule 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 all
                navigable waters in Rhode Island Sound for all navigable waters within
                500 yards of the swimmer crossing the recommended vessel route at
                approximately 41-17.5N, 71-32.0W, during his participation in the
                ``Solo Swim'' from Block Island, Rhode Island to East Matunuck, Rhode
                Island. Moreover, the Coast Guard will issue Broadcast Notice to
                Mariners via VHF-FM marine channel 16 about the zone, and the rule
                allows vessels to seek permission to enter 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
                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 (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 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.
                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 Safety
                Directive 023-01, Rev. 1, associated implementing instructions, and
                Environmental Planning COMDTINST 5090.1 (series), which guides 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 on one day between August 23, 2021 and August 25, 2021,
                from 6:00 a.m. through 2:00 p.m. that will prohibit entry all navigable
                waters in Rhode Island Sound for all navigable waters within 500 yards
                of the swimmer crossing the recommended vessel route at approximately
                41-17.5N, 71-32.0W, during his participation in the ``Solo Swim'' from
                Block Island, Rhode Island to East Matunuck, Rhode Island. 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. 1. A
                Record of Environmental Consideration
                [[Page 47219]]
                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 coordinate protest activities so that
                your message can be received without jeopardizing the safety or safety
                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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
                6, and 160.5; Department of Homeland Safety Delegation No. 0170.1,
                Revision No. 01.2.
                0
                2. Add Sec. 165.T01-0656 to read as follows:
                Sec. 165.T01-0656 Safety zone; Block Island Sound, Block Island, RI.
                 (a) Location. The following area is a safety zone: All navigable
                waters in Rhode Island Sound within 500 yards of the swimmer crossing
                the recommended vessel route at approximately 41-17.5N, 71-32.0W,
                during his participation in the ``Solo Swim'' from Block Island, Rhode
                Island to East Matunuck, Rhode Island.
                 (b) Enforcement period. This section will be enforced from 6 a.m.
                through 2 p.m. on August 23, 2021, August 24, 2021, or August 25, 2021.
                 (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: August 18, 2021.
                P.J. Mangini,
                Commander, U.S. Coast Guard, Acting Captain of the Port Sector
                Southeastern New England.
                [FR Doc. 2021-18095 Filed 8-23-21; 8:45 am]
                BILLING CODE 9110-04-P
                

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