Safety Zone; Solo Swim, Rhode Island Sound, Block Island, RI
| Published date | 24 August 2021 |
| Citation | 86 FR 47217 |
| Record Number | 2021-18095 |
| Section | Rules and Regulations |
| Court | Coast Guard,Homeland Safety Department,Homeland Security Department |
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.
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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]
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