[Federal Register Volume 69, Number 91 (Tuesday, May 11, 2004)]
[Rules and Regulations]
[Pages 26043-26045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10585]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing a safety zone in the waters 
adjacent to Coast Guard Station Fire Island, Fire Island, New York. 
This zone ensures 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 
excludes all vessels from operating within the prescribed safety zone 
without first obtaining authorization from the Captain of the Port, 
Long Island Sound.

DATES: This rule is effective May 15, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD01-03-025 and are 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:

[[Page 26044]]

Regulatory Information

    On February 10, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Coast Guard Station Fire Island, Fire 
Island, NY'' in the Federal Register (69 FR 6221). Good cause exists 
for making this rule effective in less than 30 days after publication. 
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. Any delay in implementing this zone would be 
contrary to the public interest as the accumulation of vessels 
immediately in front of the station presents a continuous hindrance to 
the safety of Coast Guard vessels responding to search and rescue or 
other maritime emergencies and hampers their ability to respond 
expeditiously. Any delay in implementing this zone would create 
unnecessary risk for Coast Guard vessels responding to maritime 
emergencies well into the boating season when there is an increased 
occurrence of search and rescue and other maritime emergencies. No 
public hearing was requested, and none was held.

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 the Station, Fire Island Inlet, attract 
numerous recreational and small charter fishing vessels 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 congestion affects the Station 
in that vessels accumulate immediately in front of it and within the 
immediate waterway the Coast Guard utilizes to respond to maritime 
emergency response. The increased vessel congestion during the boating 
season presents a continuous hindrance to the safety of Coast Guard 
vessels responding to search and rescue or other maritime emergencies, 
and hampers their ability to respond expeditiously. This safety zone is 
established by reference to coordinates, representing approximately 100 
yards seaward from STA Fire Island vessels, facilities and property.
    This safety 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 may enter or remain in a prescribed safety zone 
for any time without the permission of the COTP. Each person or vessel 
in a safety zone shall obey any direction or order of the COTP or 
designated on-scene Coast Guard patrol personnel. COTP designated on-
scene patrol personnel include commissioned, warrant, and petty 
officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, and local, state, and federal law enforcement vessels.
    Any violation of this safety zone is punishable by, among others, 
civil and criminal penalties, including in rem liability against the 
offending vessel as well as license sanctions against the mariner. This 
regulation is promulgated under the authority contained in 33 U.S.C. 
1223 and 1225 and the regulations promulgated thereunder.

Discussion of Comments and Changes

    We received no comments on the proposed rule. Three changes have 
been made to the regulatory text. The first changed the format of a 
coordinate listed in the proposed safety zone. The proposed language 
had the coordinate listed as 40-37.612 N, 073[deg], 15.664' W. For 
consistency among the coordinates listed in the regulatory text, this 
coordinate is changed to utilize degrees and minutes symbols, namely to 
read 40[deg]37.612' N, 073[deg],15.664' W.
    The second change further defined the on-scene Coast Guard patrol 
personnel. On-scene patrol personnel include commissioned, warrant, and 
petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, and local, state, and federal law enforcement vessels.
    The third change explains how vessels within the safety zone may be 
hailed to include the siren, lights, or other means from a vessel, 
other than a Coast Guard vessel, upon which Coast Guard patrol 
personnel are aboard.

Regulatory Evaluation

    This 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 rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. This regulation may have some impact on the 
public, but these potential impacts will be minimized for the following 
reasons: the safety zone would encompass 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 rule will 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. This 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 those portions of Fire Island Inlet covered by the 
safety zone.
    For the reasons outlined in the Regulatory Evaluation section 
above, this rule will 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 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 rule so that they 
can better evaluate its effects on them and participate in the 
rulemaking. If this 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

[[Page 26045]]

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 rule calls 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 rule under 
that Order and have determined that it does 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This 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 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
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 rule 
and concluded that, under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1D, this 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.


0
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: 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.

0
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 following waters of Fire Island Inlet are a 
safety zone: Beginning at a point on shore at 40[deg]37.523' N, 
073[deg]15.685' W; then north to 40[deg]37.593' N, 073[deg]15.719' W; 
then east to 40[deg]37.612' N, 073[deg]15.664' W; then east to 
40[deg]37.630' N, 073[deg]15.610' W; then east to 40[deg]37.641' N, 
073[deg]15.558' W; then southeast to 40[deg]37.630' N, 073[deg]15.475' 
W; then southeast to 40[deg]37.625' N, 073-15.369' W; then southeast to 
40[deg]37.627' N, 073[deg]15.318' W; then southeast to point on shore 
at 40[deg]37.565' N, 073[deg]15.346' 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. On-scene 
Coast Guard patrol personnel include commissioned, warrant, and petty 
officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, and local, state, and federal law enforcement vessels. Upon 
being hailed by siren, radio, flashing light or other means from a U.S. 
Coast Guard vessel or other vessel with on-scene patrol personnel 
aboard, the operator of the vessel shall proceed as directed.

    Dated: April 26, 2004.
Joseph J. Coccia,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 04-10585 Filed 5-10-04; 8:45 am]
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