[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Proposed Rules]
[Pages 35596-35599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13993]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-0112]
RIN 1625-AA08


Special Local Regulation; Long Beach Regatta, Powerboat Race, 
Atlantic Ocean, Long Beach, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard is proposing a temporary special local 
regulation on the navigable waters of the Atlantic Ocean off Long 
Beach, NY during the Long Beach Regatta Powerboat Race scheduled for 
August 24-25, 2013. 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: Comments and related material must be received by the Coast 
Guard on or before July 15, 2013.
    Requests for public meetings must be received by the Coast Guard on 
or before June 24, 2013.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: 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. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Scott Baumgartner, Prevention Department, 
Coast Guard Sector Long Island Sound, (203) 468-4428, 
[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

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, 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 at 
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, 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 email 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, 
type the docket number [USCG-2013-0112] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand 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 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.

2. 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, 
type the docket number (USCG-2013-0112) 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.

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES on 
or before July 5, 2013. 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.

B. Regulatory History and Information

    The Great South Bay Racing Inc. has sponsors a powerboat racing 
event each year. The location and name has changed several time over 
the past five years. The following rulemaking listed

[[Page 35597]]

in ascending order are all associated with this evolving event.
    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 Regulations (CFR) 165.158 for the 
Battle on the Bay Powerboat Race. No comments or requests for public 
meeting were received during the rulemaking.
    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.

C. 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 Long 
Beach Regatta Powerboat Race.

D. Discussion of Proposed Rule

    On Saturday August 24, 2013 and Sunday August 25, 2013 from 7 a.m. 
until 7 p.m. Great South Bay Racing Inc. will be sponsoring the Long 
Beach Regatta Powerboat Race, an offshore powerboat racing regatta. The 
event will be held on the Atlantic Ocean off Long Beach, 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 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 proposes temporary regulated areas to 
restrict vessel movement around the location of the regatta to reduce 
the risks associated with racing vessels and congested waterways. For 
these reasons the Coast Guard is proposing three temporary regulated 
areas on the Atlantic Ocean, from August 24, 2013 through August 25, 
2013:
    (1) Regatta Course Area. This area is for the exclusive use of 
registered regatta participants and safety, support and official 
vessels.
    (2) No Entry Area. Buffer zone separating racing vessel from 
spectators.
    (3) Spectator Viewing Area. This area is for the exclusive use of 
spectator vessels. The sponsor will mark this area.
    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 and 
congested waterways. 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 
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 when it was held in different locations and has 
received no public comments or concerns regarding the impact to 
waterway traffic. Advanced public notifications will be made to the 
local maritime community through all appropriate means which may 
include but are not limited to the Local Notice to Mariners and 
Broadcast Notice to Mariners.

E. Regulatory Analyses

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

1. 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, 
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 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 
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 to Mariners as well as Broadcast Notice to Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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 24 and 25, 2013 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 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 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.

[[Page 35598]]

    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.

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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 
INFORMATION 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. 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.

9. 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.

10. Protection of Children from Environmental Health Risks

    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.

11. 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.

12. Energy Effects

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

14. 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 that do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
involves the establishment of special local regulations. This rule may 
be categorically excluded from further review under paragraph 34(h) of 
Figure 2-1 of the Commandant Instruction. A preliminary 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 proposed 
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 proposes 
to amend 33 CFR part 100 as follows:

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.  100.35T01-0112 to read as follows:


Sec.  100.35T01-0112  Special Local Regulation; Long Beach Regatta, 
Powerboat Race, Atlantic Ocean, Long Beach, 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 Long Beach, NY within the following boundaries: Beginning at 
point ``A'' at position 40[deg]34'15.84'' N, 073[deg]36'03.82'' W, then 
west to point ``B'' at position 40[deg]34'06.68'' N, 073[deg]40'09.27'' 
W, then north to point ``C'' at position 40[deg]34'48.56'' N, 
073[deg]40'08.70'' W, then east to point ``D'' at position 
40[deg]34'53.33'' N, 073[deg]36'14.93'' W, then south to the point of 
origin point ``A''.
    (2) ``No Entry Area'': A buffer zone comprising all navigable 
waters of the Atlantic Ocean surrounding the ``Regatta Course Area'' 
extending from the south border 700 feet outwards, from the east and 
west boarders 1000 feet outwards and from the north boarder extending 
to the shoreline.
    (3) ``Spectator Viewing Area'': All navigable waters of the 
Atlantic Ocean off Long Beach, NY within the following

[[Page 35599]]

boundaries: Beginning at point ``A'' at position 40[deg]34'4.56'' N, 
073[deg]35'52.72'' W, then west to point ``B'' at position 
40[deg]33'54.04'' N, 073[deg]38'34.08'' W, then north to point ``C'' at 
position 40[deg]34'00.42'' N, 073[deg]38'34.33'' W, then east to point 
``D'' at position 40[deg]34'10.07'' N, 073[deg]35'56.87'' W, then south 
to the point of origin point ``A''.
    (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) The following persons and vessels are authorized by the COTP 
Long Island Sound to enter areas of this special local regulation:
    (i) ``Regatta Course Area'': Registered regatta participants, 
safety, support, and official vessels.
    (ii) ``No Entry Area'':
    (A) Registered regatta participants, safety, support, and official 
vessels may transit to or from the ``Regatta Course Area'' at a speed 
of 25 knots or less when racing is halted.
    (B) Swimmers may utilize all shoreline waters up to 100 feet from 
shore (i.e. end of the jetties).
    (iii) ``Spectator Viewing Area'': Spectator vessels engaged in 
viewing the regatta.
    (3) All persons and vessels shall comply with the instructions of 
the COTP 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 request authorization 
from the COTP Long Island Sound or the designated representative. The 
COTP Long Island Sound may be contacted by telephone at (203) 468-4401 
or via VHF radio on channel 16. If authorization to enter, transit 
through, anchor in, or remain within the regulated areas is granted by 
the COTP Long Island Sound or designated representative, all persons 
and vessels receiving such authorization must comply with the 
instructions of the COTP 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 is 
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 24, 2013 and August 25, 2013.

    Dated: May 9, 2013.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2013-13993 Filed 6-12-13; 8:45 am]
BILLING CODE 9110-04-P