Federal Register - June 3, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Rules and Regulations
DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Section U.S.C. United States Code
Regulated area. The regulated area includes all waters of Narragansett Bay, Newport, RI, within the following points NAD 83:
II. Background Information and Regulatory History The Captain of the Port Sector Southeast New England COTP is amending an existing special local regulation found in 33 CFR 100.119 for certain waters of the East Passage, Narragansett Bay, RI. This action is necessary to provide for the safety of life on these navigable waters near East Passage, Narragansett Bay, RI, during a sail boat race requiring a limited access area restricting vessel traffic for safety purposes.
On March 9, 2020, the Coast Guard published a notice of proposed rulemaking NPRM titled Special Local Regulation; East Passage, Narragansett Bay, RI 85 FR 13595. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this special local regulation. During the comment period that ended April 8, 2020, two comments were recieved.
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III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1233.
Based on the nature of this sailboat race, large numbers of participants and spectators, and event locations, the COTP has determined that the potential hazards associated with the event listed in this rule could pose a risk to participants or waterways users if the normal vessel traffic were to interfere with the events. Possible hazards include risks of injury or death from near or actual contact among participant vessels and spectators or mariners traversing through the regulated area.
This purpose of this rule is to ensure the safety of all waterway users, including event participants, spectators, and vessels during this scheduled event.
IV. Discussion of Comments, Changes, and the Rule As noted above, we received two comments on the NPRM published March 9, 2020 that were not relevant to this rulemaking. Both of these comments were submitted anonymously and unrelated to this rulemaking. There is one change in the regulatory text of this rule from the proposed rule in the NPRM. The last longitudinal coordinate of 0722283 W was changed to 0712283 W in the first regulated area due to a typing error.
This rule amends a special local regulation found in 33 CFR 100.119
currently reads as follows:
VerDate Sep<11>2014
16:04 Jun 02, 2021
Jkt 253001
Latitude 412751
412724
412709
412736
Longitude
N
N
N
N
0712214
0712157
0712239
0722255
W
W
W
W
In the event that weather conditions prohibit a safe race start within the approach to Newport Harbor, the race will begin offshore and the following regulated area applies NAD 83:
Latitude 412604
412536
412545
412549
Longitude
N
N
N
N
0712216
0712158
0712240
0712256
W
W
W
W
The amended regulation would be to expand the size of the first regulated area and to adjust the latitude and longitude of the second regulated area to encompass a new potential starting line for the race to accommodate for ideal weather parameters. The special local regulation would cover all navigable waters from an area just south of Rose Island expanding just past Castle Hill, RI, and also an area near Brenton Point.
The amended location of the special local regulation is as follows:
Latitude 412913
412941
412727
412745
Longitude
N
N
N
N
0712007
0712087
0712200
0712283
W
W
W
W
In the event that weather conditions prohibit a safe race start within the approach to Newport Harbor, the race will begin offshore and the following regulated area applies NAD 83:
Latitude 412606
412560
412536
412582
Longitude
N
N
N
N
0712227
0712197
0712265
0712293
W
W
W
W
The starting line will take place within one of the amended regulated areas and will be decided prior to the race pending current weather conditions. The starting line box will be the restricted part of the waterway within the regulated area and that exact location will be broadcasted prior to the race start. The duration of the special local regulation is intended to ensure the safety of vessels and these navigable waters before, during, and after the
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scheduled sail boat race. No vessel or person is permitted to enter the special local regulation without obtaining permission from the COTP or a designated representative. They may be contacted on VHFFM Channel 16 or by phone at 5084573211. Persons and vessels permitted to enter this special local regulation must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or a designated representative. The COTP
or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the special local regulation as well as any changes in the planned schedule. The regulatory text we are amending appears at the end of this document.
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-day of the special local regulation. We expect the adverse economic impact to this area to be minimal. Although this regulation may have adverse impact on the impact, the potential impact will be minimized for the following reasons: The special local regulation will be in effect for a maximum of 6 hours during the day of the event; vessels will only be restricted from the area in the East Passage of the Narragansett Bay during those limited periods when the races are actually on going; there is an alternate route, the West Passage of Narragansett Bay, that does not add substantial transit time, is already routinely used by mariners, and will not be affected by this special local regulation. Moreover, the Coast Guard
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