[Federal Register Volume 73, Number 114 (Thursday, June 12, 2008)]
[Proposed Rules]
[Pages 33341-33344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13143]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0264]
RIN 1625-AA00


Safety Zone: Patchogue Bay, Patchogue, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone for the 
Patchogue Grand Prix, a power boat race on Patchogue Bay off of 
Patchogue, New York on August 22, 23, and 24, 2008, and each year 
thereafter on dates and times specified in a Federal Register notice. 
The safety zone would provide for safety of navigation of the maritime 
public viewing and transiting near the power boat race in order to 
protect the maritime community from the hazards inherent with a power 
boat race, namely, a collision and loss of control of the vessels 
participating in this event. Entry into this zone would be prohibited 
unless authorized by the Captain of the Port Long Island Sound.

DATES: Comments and related material must reach the Coast Guard on or 
before July 14, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0264 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call LT Kristen Schroeder, USCG Sector Long Island Sound, 
Prevention Department at (203) 486-4459. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility.

[[Page 33342]]

Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0264), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, 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.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2008-0264) 
in the Search box, and click ``Go >>.'' You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays; or the Prevention Department at Coast Guard Sector Long 
Island Sound, 120 Woodward Ave, New Haven, CT 06512 between 9 a.m. and 
3 p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility 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

    OPA Racing LLC of Brick, NJ is sponsoring a power boat race in 
Patchogue Bay, Patchogue, NY on the 22nd, 23rd and 24th of August, 
2008. A safety zone is necessary to protect the maritime community from 
the hazards associated with a power boat race. The safety zone would be 
enforced from 11 a.m. to 5 p.m on each day of the three-day event to 
accommodate the practice sessions and the race. The Coast Guard 
proposes to permanently establish this safety zone and enforce it in 
future years on particular days and times specified via announcement in 
the Federal Register.
    Patchogue Bay is located on the south shore of Long Island, New 
York. The boat race consists of approximately 40 power boats performing 
at high rates of speed in close proximity to other power boats over a 
specified area of Patchogue Bay, Patchogue, NY. The Coast Guard is 
proposing this safety zone in order to provide for the safety of the 
maritime community and spectators viewing the power boat race from the 
water should an accident, such as a collision of the competing power 
boats, occur during the race.

Discussion of Proposed Rule

    The permanent safety zone would be enforced during the testing of 
the powerboats on days prior to the race as well as during the race 
itself. For 2008, the safety zone would be enforced on August 22 and 
23, 2008 and the day of the race, August 24, 2008. In 2008, the safety 
zone would be enforced from 11 a.m. until 5 p.m. during the event and 
testing sessions. This will provide for sufficient time to clear the 
safety zone area prior to the testing session and the start of the 
race, as well as additional time should testing or the race run over 
the scheduled period. Dates and times for future occurrences of the 
race and the enforcement of the safety zone will be announced in the 
Federal Register. Prior to enforcement of the safety zone, Coast Guard 
Sector Long Island Sound will cause notice of the enforcement of the 
safety zone to be made by all appropriate means to ensure the widest 
publicity among the affected segments of the public and will include 
publication in the local notice to mariners, marine information 
broadcasts, and facsimile. The safety zone would be established on the 
navigable waters of Patchogue Bay as bounded by the following 
geographic coordinates: Beginning at a point on land in Patchogue, NY 
at approximate position 40[deg]44'56'' N, 073[deg]00'49'' W, then 
running south to a point in Patchogue Bay at approximate position 
40[deg]44'29'' N, 073[deg]00'49'' W; then running south east to a point 
in Great South Bay at approximate position 40[deg]43'47'' N, 
072[deg]59'54'' W; then running east to approximate position 
40[deg]43'53'' N, 072[deg]58'46'' W; then to approximate position 
40[deg]43'57'' N, 072[deg]57'06'' W, then north to a point on land at 
approximate position 40[deg]44'29'' N, 072[deg]57'09'' W. All 
coordinates are North American Datum 1983.
    The Captain of the Port anticipates minimal negative impact on 
vessel traffic because of this safety zone due to the limited area 
covered by this safety zone and the short enforcement period. Any 
violation of the proposed temporary safety zone described herein would 
be punishable by, among others, civil and criminal penalties, in rem 
liability against the offending vessel, and license sanctions.

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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary.
    This regulation may have some impact on the public, but the 
potential impact will be minimized for the following reasons: the zone 
would only be enforced for a maximum of eight hours on three specific 
days, and vessels may transit in all areas around the zone at all 
times.

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

[[Page 33343]]

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 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 Patchogue Bay, 
Patchogue, New York and marinas located within Patchogue Bay covered by 
the safety zone that temporarily may not be able to receive customers. 
The economic impact on these small entities is not significant as 
vessels will be able to transit around the safety zone and in all other 
navigable portions of Patchogue Bay while the safety zone is being 
enforced and vessels desiring to transit to marinas located within the 
vicinity of the safety zone may request permission from the Captain of 
the Port to enter and transit the zone.
    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 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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Lieutenant Kristen Schroeder, 
Prevention Department, Coast Guard Sector Long Island Sound at 203-468-
4459. 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.

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 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 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 rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed 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 proposed 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is not likely to 
have a significant effect on the human environment. A preliminary 
``Environmental Analysis Check List'' supporting this preliminary 
determination is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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 33344]]


    Authority: 33 U.S.C. 1226 and 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191; 33 CFR 1.05-1, 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.  165.158 to read as follows:


Sec.  165.158  Safety Zone: Patchogue Grand Prix, Patchogue Bay, 
Patchogue, NY.

    (a) Location. The following area is a safety zone: All navigable 
waters of Patchogue Bay, NY bounded by an area beginning at a point on 
land in Patchogue, NY at approximate position 40[deg]44'56'' N, 
073[deg]00'49'' W; then running south to a point in Patchogue Bay at 
approximate position 40[deg]44'29'' N, 073[deg]00'49'' W; then running 
south east to a point in Great South Bay at approximate position 
40[deg]43'47'' N, 072[deg]59'54'' W; then running east to approximate 
position 40[deg]43'53'' N, 072[deg]58'46'' W; then to approximate 
position 40[deg]43'57'' N, 072[deg]57'06'' W; then north to a point on 
land at approximate position 40[deg]44'29'' N, 072[deg]57'09'' W. All 
coordinates are North American Datum 1983.
    (b) Definitions. The following definitions apply to this section: 
Designated on-scene patrol personnel, means any commissioned, warrant 
and petty officers of the U.S. Coast Guard operating Coast Guard 
vessels who have been authorized to act on the behalf of the Captain of 
the Port, Long Island Sound.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
Sec.  165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into or movement within this zone is prohibited unless 
authorized by the Captain of the Port, Long Island Sound.
    (3) All persons and vessels must comply with the Coast Guard 
Captain of the Port or the designated on-scene patrol personnel.
    (4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel must proceed 
as directed.
    (5) Persons and vessels may request permission to enter the zone on 
VHF-16 or via phone at (203) 468-4401.
    (d) Enforcement Period. This rule will be enforced from 11 a.m. to 
5 p.m. on August 22, 23, and 24, 2008 and each year thereafter on dates 
and times specified in a Federal Register notice.

    Dated: May 12, 2008.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. E8-13143 Filed 6-11-08; 8:45 am]
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