[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Rules and Regulations]
[Pages 43158-43161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17606]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2012-0629]
RIN 1625-AA08


Special Local Regulation; Battle on the Bay Powerboat Race 
Atlantic Ocean, Fire Island, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation on the navigable waters of the Atlantic Ocean off Smith 
Point Park, Fire Island, NY during the Battle on the Bay Powerboat 
Race. This action is necessary to provide for the safety of life of 
participants and spectators during this event. Entering into, 
transiting through, remaining, anchoring or mooring within these 
regulated areas would be prohibited unless authorized by the Captain of 
the Port (COTP) Sector Long Island Sound.

DATES: This rule is effective August 25 and 26, 2012 and will be 
enforced from 7 a.m. through 7 p.m. each day.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0629]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Joseph Graun, Prevention Department, Coast 
Guard Sector Long Island Sound, (203) 468-4544, 
[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:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Battle on the Bay Powerboat Race has had three separate 
rulemakings prior to this rule listed here in chronological order.
    On September 3, 2008 the Coast Guard published a final rule 
entitled, Safety Zone; Patchogue Bay, Patchogue, NY, in the Federal 
Register (73 FR 51367) establishing a safety zone on Patchogue Bay, 
Patchogue, NY in 33 Code of Federal Regulation (CFR) 165.158 for the 
Battle on the Bay Powerboat Race. No comments or requests for public 
meeting were received during the rulemaking.

[[Page 43159]]

    On July 6, 2011 the Coast Guard published a temporary final rule 
entitled, Special Local Regulations & Safety Zones; Marine Events in 
Captain of the Port Long Island Sound Zone in the Federal Register (76 
FR 39292) establishing a special local regulation on the Great South 
Bay, Islip, NY in 33 CFR 100.T01-0550 for the Battle on the Bay 
Powerboat Race.
    On February 10, 2012 the Coast Guard published a final rule 
entitled, ``Special Local Regulations; Safety and Security Zones; 
Recurring Events in Captain of the Port Long Island Sound Zone'' in the 
Federal Register (77 FR 6954) establishing a special local regulation 
on Patchogue Bay, Patchogue, NY in 33 CFR 100.100 for the Battle on the 
Bay Powerboat race. No comments or request for a public meeting were 
received during the rulemaking process.
    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule; any delay encountered in this regulation's 
effective date caused by publishing an NPRM would be contrary to public 
interest since immediate action is needed to protect both spectators 
and participants from the safety hazards created by this event.
    We spoke with the event sponsor for Battle on the Bay Powerboat 
Race. They indicated they are unable to reschedule the event because 
the powerboats that will be racing in the event are part of a traveling 
circuit with a schedule established more than a year ahead of time, the 
earliest opportunity to reschedule the event is 2013. Earlier this 
year, the sponsor was attempting to secure a new location for the 
event. After months of meetings with different towns and filing permits 
the sponsor received approval to hold the event in Suffolk County. When 
the agreement was finally reached on May 4, 2012 the Coast Guard was 
provided 110 days notice--an insufficient amount of time to publish an 
NPRM (and subsequent FR) for a new event location. The sponsor is now 
aware of the requirements for submitting a new marine event application 
135 days in advance and has agreed to comply in the future.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1233 and 
Department of Homeland Security Delegation No. 0170.1 which 
collectively authorize the Coast Guard to define regulatory special 
local regulations.
    This temporary rule establishes a special local regulation in order 
to provide for the safety of life on navigable waters during the Battle 
on the Bay Powerboat Race.

C. Discussion of the Final Rule

    On Saturday August 25, 2012 and Sunday August 26, 2012 from 7 a.m. 
until 7 p.m. Great South Bay Racing Inc. will be sponsoring the Battle 
on the Bay Powerboat Race, an offshore powerboat racing regatta. The 
event will be held on the Atlantic Ocean off Smith Point Park, Fire 
Island, NY and will feature six classes of offshore powerboats 
including vessels from the Extreme Class which can reach speeds 
exceeding 200 miles per hour. The sponsor expects a minimum of 5,000 
spectators for this event with a portion of them expected to view the 
event from recreational vessels.
    The COTP Sector Long Island Sound has determined the combination of 
increased numbers of recreation vessels, and vessels racing at high 
speeds has the potential to result in serious injuries or fatalities. 
This special local regulation temporarily establishes regulated areas 
to restrict vessel movement around the location of the regatta to 
reduce the risk associated with congested waterways. For these reasons 
the Coast Guard is establishing three temporary regulated areas on the 
Atlantic Ocean, from August 25, 2012 through August 26, 2012:
    (1) Regatta Course Area. This area is for the exclusive use of 
registered regatta participants, safety and support vessels.
    (2) No Entry Area.
    (3) Spectator Viewing Area. This area is for the exclusive use of 
spectator vessels. The sponsor will mark this area with white striped 
blue buoys.
    The geographic locations of these regulated areas and specific 
requirements of this rule are contained in the regulatory text.
    Because a number of spectator vessels are expected to congregate 
around the location of this event, these regulated areas are needed to 
protect both spectators and participants from the safety hazards 
created by them including powerboats traveling at high speeds. During 
the enforcement periods, persons and vessels are prohibited from 
entering, transiting through, remaining, anchoring or mooring within 
the regulated areas unless stipulated otherwise or specifically 
authorized by the COTP or the designated representative. The Coast 
Guard may be assisted by other federal, state and local agencies in the 
enforcement of these regulated areas.
    The Coast Guard determined that these regulated areas will not have 
a significant impact on vessel traffic due to their temporary nature, 
limited size, and the fact that vessels are allowed to transit the 
navigable waters outside of the regulated areas.
    The Coast Guard has ordered special local regulations and safety 
zones for this event taking place in different locations in the past 
and has received no public comments or concerns regarding the impact to 
waterway traffic. Advanced public notifications will also be made to 
the local maritime community by the Local Notice to Mariners as well as 
Broadcast Notice to Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
of many of these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking is not a 
significant regulatory action for the following reasons: The regulated 
areas are of limited duration and cover only a small portion of the 
navigable waterways. Furthermore, vessels may transit the navigable 
waterways outside of the regulated areas. Persons or vessels requiring 
entry into the regulated areas may be authorized to do so by the COTP 
Sector Long Island Sound or designated representative.
    Advanced public notifications will also be made to local mariners 
through appropriate means, which may include but are not limited to the 
Local Notice

[[Page 43160]]

to Mariners as well as Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit, anchor or moor within the regulated areas August 25 and 26, 
2012 from 7 a.m. until 7 p.m.
    This temporary special local regulations will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons: The regulated areas are of limited size and 
of short duration, vessels that can safely do so may navigate in all 
other portions of the waterways except for the areas designated as 
regulated areas, and vessels requiring entry into the regulated areas 
may be authorized to do so by the COTP Sector Long Island Sound or 
designated representative. Additionally, before the effective period, 
public notifications will be made to local mariners through appropriate 
means, which may include but are not limited to the Local Notice to 
Mariners as well as Broadcast Notice to Mariners.

3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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). 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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will 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.

9. 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.

10. 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 does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a special local 
regulation. This rule is categorically excluded from further review 
under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are 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 
rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recording 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

[[Page 43161]]

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


0
2. Add Sec.  100.35T01-0629 to read as follows:


Sec.  100.35T01-0629  Special Local Regulation; Battle on the Bay 
Powerboat Race Atlantic Ocean, Fire Island, NY.

    (a) Regulated Areas. All coordinates are North American Datum 1983 
(NAD 83).
    (1) ``Regatta Course Area'': All navigable waters of the Atlantic 
Ocean off Smith Point Park within the following boundaries: Beginning 
at point ``A'' at position 40[deg]43'42'' N, 072[deg]51'57'' W, then 
south to point ``B'' at position 40[deg]43'17'' N, 072[deg]51'43'' W, 
then east to point ``C'' at position 40[deg]43'40'' N, 072[deg]50'23'' 
W, then east to point ``D'' at position 40[deg]44'5'' N, 072[deg]49'0'' 
W, then north to point ``E'' at position 40[deg]44'31'' N, 
072[deg]49'10'' W then following the shoreline west to the point of 
origin point ``A''.
    (2) ``No Entry Area'': A buffer zone comprising all navigable 
waters of the Atlantic Ocean extending 500 feet outwards from the 
border of the ``Regatta Course Area'' described above.
    (3) ``Spectator Viewing Area'': All navigable waters of the 
Atlantic Ocean between 500 feet and 1,000 feet outward from the portion 
of the southern boundary of the ``Regatta Course Area'' between the 
center of the course marked by point ``C'' and the eastern boundary 
marked by point ``D''. The sponsor will mark this area with white 
striped blue buoys.
    (b) Special Local Regulations.
    (1) In accordance with the general regulations found in Sec.  
100.35 of this part, entering into, transiting through, anchoring or 
remaining within the regulated areas is prohibited unless authorized by 
the Captain of the Port (COTP) Sector Long Island Sound, or designated 
representative.
    (2) All persons and vessels are authorized by the COTP Sector Long 
Island Sound to enter areas of this special local regulation in 
accordance with the following restrictions:
    (i) ``Regatta Course Area'': Access is limited to registered 
regatta participants, safety and support vessels, and official vessels.
    (ii) ``No Entry Area'': Access is limited to safety and support 
vessels, official vessels, and registered regatta participants when 
actively transiting into or out of the ``Regatta Course Area''.
    (iii) ``Spectator Viewing Area'': Access is limited to spectator 
vessels engaged in watching the event.
    (3) All persons and vessels shall comply with the instructions of 
the COTP Sector Long Island Sound or designated representative. These 
designated representatives are comprised of commissioned, warrant, and 
petty officers of the Coast Guard. Upon being hailed by a U.S. Coast 
Guard vessel by siren, radio, flashing lights, or other means the 
operator of a vessel shall proceed as directed.
    (4) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated areas must contact the COTP Sector 
Long Island Sound by telephone at (203) 468-4401, or designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated areas is granted by the COTP Sector Long Island Sound or 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the COTP Sector Long 
Island Sound or designated representative.
    (5) The Coast Guard will provide notice of the regulated areas 
prior to the event through appropriate means, which may include but are 
not limited to the Local Notice to Mariners and Broadcast Notice to 
Mariners.
    (c) Enforcement Period: This section will be enforced from 7:00 
a.m. until 7:00 p.m. on both August 25, 2012 and August 26, 2012.

    Dated: July 10, 2012.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2012-17606 Filed 7-23-12; 8:45 am]
BILLING CODE 9110-04-P