[Federal Register Volume 75, Number 76 (Wednesday, April 21, 2010)]
[Proposed Rules]
[Pages 20802-20805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9127]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0138]
RIN 1625-AA00


Safety Zone; New York Air Show at Jones Beach State Park, 
Atlantic Ocean off of Jones Beach, Wantagh, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a permanent safety zone 
for the annual New York Air Show at Jones Beach State Park in Wantagh, 
New York. This proposed safety zone is necessary to provide for the 
safety of navigation and protection of the maritime public from the 
hazards inherent with an air show which consist of aircraft performing 
aerobatic maneuvers over the Atlantic Ocean off of Jones Beach State 
Park, as specified in this proposal. Entry into this zone would be 
prohibited unless authorized by the Captain of the Port Long Island 
Sound, New Haven, Connecticut.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 21, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0138 using any one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Fax: 202-493-2251.
     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.
     Hand Delivery: Same as mail address above, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail: Chief Petty Officer Christie Dixon, Prevention 
Department, USCG Sector Long Island Sound at 203-468-4459, e-mail: 
[email protected]. 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.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0138), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0138'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8[frac12] by 11 inches, 
suitable for copying and electronic filing. If you submit comments 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 
and may change the rule based on your comments.

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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0138'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of 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 a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not plan on holding a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting 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.
    For information on facilities or services for individuals with 
disabilities

[[Page 20803]]

or to request special assistance at the public meeting, contact Chief 
Petty Officer Christie Dixon at the telephone number or e-mail address 
indicated under the FOR FURTHER INFORMATION CONTACT section of this 
notice.

Background and Purpose

    The New York State Office of Parks, Recreation and Historic 
Preservation sponsors an annual air show at Jones Beach State Park 
during the week before Memorial Day. Jones Beach State Park is located 
on the south shore of Long Island, New York. The Air Show consists of 
aircraft performing aerobatics in close proximity to other aircraft 
over a specified area of the Atlantic Ocean off of Jones Beach State 
Park. Several aerial groups will participate in the Air Show. The 
entire Air Show will take place over the waters of the Atlantic Ocean 
immediately to the south of Jones Beach Island. The Coast Guard is 
proposing to establish a safety zone in order to provide for the safety 
of the maritime community and spectators viewing the Air Show from the 
water should an accident, such as a collision of aircraft, occur during 
the Show. The air shows generally take place from 10 a.m. to 3 p.m. 
every day from Thursday through Sunday before Memorial Day. The 
enforcement period for the Safety Zone will be from 9 a.m. to 3:30 p.m. 
each day. These times, while longer than the actual air shows, will 
provide sufficient time to clear the safety zone area prior to the 
shows, as well as providing additional time should they run over the 
scheduled period. The actual air show will be conducted within an area 
which is contained in, and smaller than, the safety zone area outlined 
by the coordinates provided below. The larger safety zone area is 
needed to protect the boating community from the inherent hazards of 
air shows.

Discussion of Proposed Rule

    The Coast Guard is proposing to establish a permanent safety zone 
for the Jones Beach State Park Air Show. The safety zone would be 
established by reference to geographic coordinates as follows: 
Beginning at a point on land located in Jones Beach State Park at 
approximate position 40[deg]35'06'' N, 073[deg]32'37'' W, then running 
east along the shoreline of Jones Beach State Park to approximate 
position 40[deg]35'49'' N, 073[deg]28'47'' W; then running south to a 
position in the Atlantic Ocean off of Jones Beach at approximate 
position 40[deg]35'05'' N, 073[deg]28'34'' W; then running west to 
approximate position 40[deg]34'23'' N, 073[deg]32'23'' W ; then running 
north to the point of beginning at approximate position 40[deg]35'06'' 
N, 073[deg]32'37'' W. All coordinates are North American Datum 1983. 
The safety zone will be enforced May 24th, 2010 through May 30th, 2010 
from 9:30 a.m. to 3:30 p.m. and annually thereafter on the Thursday 
through Sunday before Memorial Day in May. Notification for future 
dates of the New York Air Show at Jones Beach State Park will be made 
via a Notice of Enforcement in the Federal Register, marine broadcasts 
and broadcast notice to mariners.
    Entry into this zone is prohibited unless authorized by the Captain 
of the Port Long Island Sound or by Designated On-scene Patrol 
Personnel. Any violation of the safety zone described herein is 
punishable by, among other things, civil and criminal penalties, in rem 
liability against the offending vessel, and the initiation of 
suspension or revocation proceedings against Coast Guard-issued 
merchant mariner credentials.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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 temporary period each day over a four day 
period; 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 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 those portions of the 
Atlantic Ocean off of Jones Beach State Park, Jones Beach, New York 
covered by the safety zone.
    For the reasons outlined in the Regulatory Evaluation section 
above, this proposed 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 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: Chief Petty Officer Christie 
Dixon, Prevention Department, USCG Sector Long Island Sound at 203-468-
4459, e-mail: [email protected]. 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.

[[Page 20804]]

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 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 cause 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 Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide 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 one of a category 
of actions which will not individually or cumulatively have a 
significant effect on the human environment. This rule involves 
creation of a regulation that establishes a safety zone which is an 
action that may be categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. An environmental analysis checklist will 
be 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, 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:

    Authority:  33 U.S.C. 1225 and 1231; 46 U.S.C. Chapter 701, 
3306, 3703; 50 U.S.C. 191; 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.  165.159 to read as follows:


Sec.  165.159  Safety Zone: New York Air Show at Jones Beach State 
Park, Wantagh, NY.

    (a) Location. The following waters of the Atlantic Ocean off of 
Jones Beach State Park, Wantagh, NY are designated a safety zone: 
Beginning at a point on land located in Jones Beach State Park at 
approximate position 40[deg]35'06'' N, 073[deg]32'37'' W, then running 
east along the shoreline of Jones Beach State Park to approximate 
position 40[deg]35'49'' N, 073[deg]28'47'' W; then running south to a 
position in the Atlantic Ocean off of Jones Beach at approximate 
position 40[deg]35'05'' N, 073[deg]28'34'' W; then running west to 
approximate position 40[deg]34'23'' N, 073[deg]32'23'' W ; then running 
north to the point of beginning at approximate position 40[deg]35'06'' 
N, 073[deg]32'37'' W. All coordinates are North American Datum 1983.
    (b) Definitions. The following definition applies 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) 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.
    (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.
    (3) 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.
    (4) Persons and vessels desiring to enter the regulated area may 
request permission to enter from the designated on scene patrol 
personnel by contacting them on VHF-16 or by a request to the

[[Page 20805]]

Captain of the Port Long Island Sound via phone at (203) 468-4401.
    (d) Enforcement period. This rule will be enforced May 24th, 2010 
through May 30th, 2010 from 9:30 a.m. to 3:30 p.m. and annually 
thereafter on the Thursday through Sunday before Memorial Day in May. 
Notification of the specific dates and enforcement of the safety zone 
will be made via a Notice of Enforcement in the Federal Register, 
separate marine broadcasts and local notice to mariners.

    Dated: March 26, 2010.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 2010-9127 Filed 4-20-10; 8:45 am]
BILLING CODE 9110-04-P