[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Proposed Rules]
[Pages 6221-6223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2746]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-03-025]
RIN 1625-AA00


Safety Zone; Coast Guard Station Fire Island, Fire Island, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone in the 
waters adjacent to Coast Guard Station Fire Island, Fire Island, New 
York. This proposed zone would ensure safety of the boating community 
and Coast Guard vessels when prompt response is needed for Coast Guard 
vessels to respond to mariners' or other requests for assistance. This 
zone would exclude all vessels from operating within the prescribed 
safety zone without first obtaining authorization from the Captain of 
the Port, Long Island Sound.

DATES: Comments and related material must reach the Coast Guard on or 
before April 12, 2004.

ADDRESSES: You may mail comments and related material to Waterways 
Management, Coast Guard Group/Marine Safety Office Long Island Sound, 
120 Woodward Avenue, New Haven, CT 06512. Coast Guard Group/MSO Long 
Island Sound maintains the public docket for this rulemaking. Comments 
and material received from the public, as well as documents indicated 
in this preamble as being available in the docket, will become part of 
this docket and will be available for inspection or copying at Group/
MSO Long Island Sound, New Haven, CT, between 9 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant A. Logman, Waterways 
Management Officer, Coast Guard Group/Marine Safety Office Long Island 
Sound at (203) 468-4429.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-03-
025), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know if 
your submission reached us, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this proposed rule in 
view of them.

Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for a meeting by writing to Coast Guard Group/Marine Safety 
Office Long Island Sound at the address under ADDRESSES explaining why 
one would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

Background and Purpose

    United States Coast Guard Station (STA) Fire Island is located in 
Babylon, New York, on the northern shore of Fire Island, Long Island, 
New York. The waters north of Station, Fire Island Inlet, attract 
numerous recreational and small charter fishing vessels each year from 
May through October. Throughout the summer months and fishing season, 
the waters immediately surrounding the Station and within a quarter 
mile radius of the Station become heavily congested with vessels, 
mainly consisting of recreational boaters. The accumulation of vessels 
immediately in front of the station present a continuous hindrance to 
the safety of Coast Guard vessels responding to search and rescue or 
other maritime emergencies, and hamper their ability to respond 
expeditiously. The proposed zone would be established by reference to 
coordinates, representing an area approximately 100 yards seaward from 
STA Fire Island vessels, facilities and property.
    The proposed zone has been tailored to fit the needs of safety, 
while minimizing the impact on the maritime community. All coordinates 
are North American Datum 1983.
    No person or vessel would be permitted to enter or remain in a 
prescribed safety zone for any time without the permission of the COTP. 
Each person or vessel in the proposed safety zone would be required to 
obey any direction or order of the COTP. Any violation of the proposed 
safety zone described herein, would be punishable by, among others, 
civil penalties (not to exceed $32,500 per violation, where each day of 
a continuing violation is a separate violation), criminal penalties 
(imprisonment for not more than 6 years and a fine of not more than 
$250,000), in rem liability against the offending vessel, or license 
sanctions. This regulation is proposed under the authority contained in 
33 U.S.C. 1223 and 1225 and the regulations promulgated thereunder.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. This proposed regulation could 
have some impact on the public, but these potential impacts would be 
minimized because the proposed safety zone would encompass

[[Page 6222]]

only a small portion of Fire Island Inlet allowing sufficient room for 
vessels to operate or anchor outside of the zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would 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 certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule may affect the following 
entities, some of which may be small entities: The owners or operators 
of vessels intending to transit or anchor in that portion of Fire 
Island Inlet covered by the proposed safety zone.
    For the reasons outlined in the Regulatory Evaluation section 
above, this proposed rule would not have a significant 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 proposed 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.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
wants to assist small entities in understanding this proposed rule so 
that they can better evaluate its effects on them and participate in 
the rulemaking. If the proposed rule would affect your small business, 
organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please call 
Lieutenant A. Logman, Waterways Management Officer, Group/Marine Safety 
Office Long Island Sound, at (203) 468-4429.
    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).

Collection of Information

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

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 proposed rule 
under that Order and have determined that it would not have 
implications for federalism.

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 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.

Taking of Private Property

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

Civil Justice Reform

    This proposed 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.

Protection of Children

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

Indian Tribal Governments

    This proposed rule would 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule could impact tribal 
governments, even if that impact would not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it would not be a 
``significant energy action'' under that order because it would not be 
a ``significant regulatory action'' under Executive Order 12866 and 
would not likely have a significant adverse effect on the supply, 
distribution, or use of energy. It has not been designated by the 
Administrator of the Office of Information and Regulatory Affairs as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1D, this proposed rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is 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 proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:


[[Page 6223]]


    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec. 165.152 to read as follows:


Sec. 165.152  Coast Guard Station Fire Island, Long Island, New York--
safety zone.

    (a) Location. The safety zone consists of all waters of Fire Island 
Inlet encompassed by a line connecting the following points, 
4037.523' N, 07315.685' W; then north to 
4037.593' N, 07315.719' W; then east to 
40-37.612 N, 07315.664' W; then east to 
4037.630' N, 07315.610' W; then east to 
4037.641' N, 07315.558' W; then southeast 
to 4037.630' N, 07315.475' W; then 
southeast to 4037.625' N, 07315.369' W; 
then southeast to 4037.627' N, 07315.318' 
W; then southeast to point on shore at 4037.565' N, 
07315.346' W. All coordinates are North American Datum 
1983.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
Sec. 165.23 apply.
    (2) All persons and vessels must comply with the Coast Guard 
Captain of the Port or designated on-scene patrol personnel. These 
personnel comprise commissioned, warrant and petty officers of the U.S. 
Coast Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, 
radio, flashing light or other means, the operator of the vessel shall 
proceed as directed.

    Dated: November 17, 2003.
Joseph J. Coccia,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 04-2746 Filed 2-9-04; 8:45 am]
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