[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Proposed Rules]
[Pages 40032-40035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16158]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0407]
RIN 1625-AA08


Special Local Regulation; Great Race On The Sea, 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 Great Race On The Sea 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: Comments and related material must be received by the Coast 
Guard on or before August 11, 2014.
    Requests for public meetings must be received by the Coast Guard on 
or before July 18, 2014.

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) 468-4559, 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, 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. 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-2014-0407] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.

[[Page 40033]]

    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-2014-0407) 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 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 18, 2014. 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

    In 2013, the Event Sponsor, Great South Bay Racing Inc. sponsored a 
similar powerboat racing event that was held in the same location, with 
the same race course, in the same timeframe but with a different event 
name, ``Long Beach Regatta''. The Coast Guard issued a temporary final 
rule entitled, ``Special Local Regulations: Long Beach Regatta, 
Powerboat Race, Atlantic Ocean, Long Beach, NY'' that was effective on 
August 25, 2013 for this event.

C. Basis and Purpose

    The legal basis for this proposed 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 rule would establish a special local regulation 
in order to provide for the safety of life on navigable waters during 
the Great Race On The Sea Powerboat Race.

D. Discussion of Proposed Rule

    Great South Bay Racing Inc. is sponsoring the Great Race On The Sea 
Powerboat Race, an offshore powerboat race, located on the Atlantic 
Ocean off Long Beach, NY. The event will span two days with race trials 
and practice runs conducted on Saturday, August 23, 2014 from 8:30 a.m. 
until 3:30 p.m., and the actual races conducted on Sunday, August 24, 
2014 from 8:30 a.m. until 6:30 p.m. The event will feature six classes 
of offshore powerboats including vessels from the Extreme Class which 
can reach speeds up to 150 miles per hour during the race. 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 recreational vessels in close proximity to this 
event and registered event participants operating powerboats at high 
speeds have 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 powerboat race to 
reduce the risks associated with racing vessels operating within 
congested waterways. For these reasons the Coast Guard is proposing 
three temporary regulated areas on the Atlantic Ocean, from 8:30 a.m. 
to 3:30 p.m. on August 23, 2014 and from 8:30 a.m. to 6:30 p.m. on 
August 24, 2014:
    (1) Race Course Area. This area is for the exclusive use of 
registered event participants, safety, support, and official vessels.
    (2) No Entry Area. This area serves as a buffer zone that separates 
racing vessels 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 would be 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 would 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 would be made to the 
local maritime community through all appropriate means which may 
include, but is not limited to, 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 proposed rulemaking is not a 
significant regulatory action because the regulated areas would be of 
limited duration and vessels may transit the navigable waterways 
outside of the regulated areas. Additionally, 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.

[[Page 40034]]

    Advanced public notifications would also be made to local mariners 
through appropriate means, which may include but is not limited to, 
Local Notice to Mariners and 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 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 will not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule would 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 
on August 23, 2014 from 8:30 a.m. to 3:30 p.m. and on August 24, 2014 
from 8:30 a.m. until 6:30 p.m.
    This proposed temporary special local regulation 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 Sector Long Island Sound or designated 
representative. Additionally, before the effective period, public 
notifications would be made to local mariners through appropriate 
means, which may include but is not limited to, Local Notice to 
Mariners and Broadcast Notice to Mariners.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed 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 is available in the 
docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant

[[Page 40035]]

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.  100.35T01-0407 to read as follows:


Sec.  100.35T01-0407  Special Local Regulation; Great Race On The Sea, 
Powerboat Race, Atlantic Ocean, Long Beach, NY.

    (a) Regulated Areas. All coordinates are North American Datum 1983 
(NAD 83).
    (1) ``Race 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 ``Race Course Area'' and 
extending from the south border 700 feet outwards, from the east and 
west borders 1000 feet outwards and from the north border extending to 
the shoreline.
    (3) ``Spectator Viewing Area'': All navigable waters of the 
Atlantic Ocean off Long Beach, NY within the following boundaries: 
Beginning at point ``A'' at position 40[deg]34'00.59'' N, 
073[deg]35'53.34'' W, then west to point ``B'' at position 
40[deg]33'54.27'' N, 073[deg]38'33.75'' W, then north to point ``C'' at 
position 40[deg]34'03.29'' N, 073[deg]38'34.11'' W, then east to point 
``D'' at position 40[deg]34'09.15'' N, 073[deg]35'56.24'' W, then south 
to the point of origin, point ``A''.
    (b) Special Local Regulations.
    (1) In accordance with the general regulations found in section 
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 
Sector Long Island Sound to enter areas of this special local 
regulation:
    (i) ``Race Course Area'': Registered event 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 ``Race 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 powerboat race.
    (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 is 
not limited to, the Local Notice to Mariners and Broadcast Notice to 
Mariners.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is 
any commissioned, warrant, or petty officer of the U.S. Coast Guard who 
has been designated by the Captain of the Port, Sector Long Island 
Sound to act on his or her behalf. The designated representative may be 
on an official patrol vessel or may be on shore and will communicate 
with vessels via VHF-FM radio or loudhailer. In addition, members of 
the Coast Guard Auxiliary may be present to inform vessel operators of 
this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP Sector Long Island Sound.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (d) Enforcement Period: This section will be enforced from 8:30 
a.m. until 3:30 p.m. on August 23, 2014 and from 8:30 a.m. until 6:30 
p.m. on August 24, 2014.

    Dated: June 30, 2014.
H.L. Morrison,
Commander, U.S. Coast Guard, Acting Captain of the Port, Sector Long 
Island Sound.
[FR Doc. 2014-16158 Filed 7-10-14; 8:45 am]
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