[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Rules and Regulations]
[Pages 51478-51483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20676]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2014-0717]
RIN 1625-AA08; 1625-AA00


Special Local Regulation and Safety Zone; Marine Events in 
Captain of the Port Long Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a special local regulation

[[Page 51479]]

for one marine event and establishing one safety zone for one marine 
event within the Captain of the Port (COTP) Long Island Sound (LIS) 
Zone. This temporary final rule is necessary to provide for the safety 
of life on navigable waters during these events. Entry into, transit 
through, mooring or anchoring within these regulated areas and safety 
zone is prohibited unless authorized by COTP Sector Long Island Sound.

DATES: This rule is effective from September 6, 2014 to September 14, 
2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0717]. 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 Ian M. Fallon, Prevention Department, Coast 
Guard Sector Long Island Sound, (203) 468-4565, [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
NAD 83 North American Datum of 1983

A. Regulatory History and Information

    The Great Peconic Race is a first time event with no regulatory 
history.
    The Region 8 Beach Brawl is a first time event with no regulatory 
history.
    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 because doing so would be impracticable and 
contrary to the public interest. There is insufficient time to publish 
a NPRM and solicit comments from the public before these events take 
place. Thus, waiting for a comment period to run would inhibit the 
Coast Guard's ability to fulfill its mission to keep the ports and 
waterways safe.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the 
preceding paragraph, the Coast Guard finds that good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1231, 1233; 46 
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6 and 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1 which 
collectively authorize the Coast Guard to define regulatory special 
local regulations and safety zones.
    As discussed in the Regulatory History and Information section, two 
regattas will take place in the COTP Long Island Sound Zone between 
September 6, 2014 and September 14, 2014. The COTP Long Island Sound 
has determined that one special local regulation and one safety zone 
established by this temporary final rule are necessary to provide for 
the safety of life on navigable waterways during those events.
    The Great Peconic Race course itself will start and end at Wades 
Beach on Shelter Island proceeding in a counter-clockwise direction to 
the east around Mashomack Point, and encompass a complete 
circumnavigation of Shelter Island, a total distance of 19 miles. On 
the south shore two event safety vessels will be present with a member 
of the south ferry staff with a red flag to stop and then wave paddlers 
on for safe crossing. One safety boat will be present on the north 
shore to assist paddlers as well.
    The Region 8 Beach Brawl is a two day marine event held close to 
the shore of Savin Rock Beach in West Haven, CT. During the event, 
multiple jet-skis will be running a closed loop course approximately 
600 feet by 1,000 feet in size. There will three support craft 
supervising the event and will be using flags to control the race 
participants.

C. Discussion of the Final Rule

    The Coast Guard is establishing one special local regulation for 
one regatta, and one safety zone for another regatta, to provide for 
the safety of life on navigable waters during these events. This rule 
will be effective from September 6, 2014 to September 14, 2014.
    The special local regulation and safety zone for these events 
covered by this regulation will be enforced on the dates, times, and 
locations listed in the table below.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                              Regatta event
------------------------------------------------------------------------
1 Great Peconic Race...................   Date: September 14,
                                          2014.
                                          Time: 7:30 a.m. to
                                          4:30 p.m.
                                          Location: There will
                                          be two areas created for the
                                          special local regulation. The
                                          first area will encompass all
                                          navigable waters along the
                                          north shore of Shelter Island,
                                          NY including Shelter Island
                                          Sound, Pipes Cove, Greenport
                                          Harbor and Dering Harbor. The
                                          second area will encompass all
                                          navigable waters along the
                                          south shore of Shelter Island,
                                          NY including Shelter Island
                                          Sound and Smith Cove.
------------------------------------------------------------------------
2 Region 8 Beach Brawl.................   Date: September 6,
                                          2014.
                                          Time: 8:00 a.m. to
                                          4:00 p.m.
                                          Date: September 7,
                                          2014.
                                          Time: 8:00 a.m. to
                                          4:00 p.m.
                                          Location: Savin Rock
                                          Beach, West Haven, CT.
------------------------------------------------------------------------

    For the special local regulation created in support of the Great 
Peconic Race under the general regulations in Sec.  100.901 of this 
part, vessels transiting within the regulated area shall travel at a 
no-wake speed and remain vigilant at all times. Additionally, 
recreational vessels shall yield right-of-way for event participants 
and event safety craft and shall follow directions given by event 
representatives during the event. Commercial vessels will have right-
of-

[[Page 51480]]

way over event participants, and event safety craft.
    For the safety zone created in support of the Region 8 Beach Brawl 
this rule prevents vessels from entering, transiting, mooring or 
anchoring within the area specifically designated as a safety zone.
    Public notifications will be made to the local maritime community 
prior to the event through the Local Notice to Mariners and 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 
based on a number of these statutes or 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 
enforcement of the regulated area and safety zone will be relatively 
short in duration. Also, persons or vessels desiring entry into a 
regulated area or a deviance from the stipulations within a regulated 
area may be authorized to do so by the COTP Sector Long Island Sound or 
designated representative. Additionally, persons or vessels desiring to 
enter the safety zone may do so with permission from the COTP Sector 
Long Island Sound or designated representative. Furthermore, the 
special local regulation and the safety zone are designed in a way to 
limit impacts on vessel traffic, permitting vessels to navigate in 
other portions of the waterways not designated as a regulated area or 
as a safety zone. Finally, to increase public awareness of the special 
local regulation and the safety zone, the Coast Guard will notify the 
public of the enforcement of this rule via appropriate means, such as 
via 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 received zero comments from the Small Business 
Administration on this rule. 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 area or the safety zone 
during the periods of enforcement from September 6, 2014 to September 
14, 2014. However, this temporary final rule will not have a 
significant economic impact on a substantial number of small entities 
for the same reasons discussed in the Regulatory Planning and Review 
section.

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 From Environmental Health Risks

    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 might 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination

[[Page 51481]]

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 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 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 one special local 
regulation and one safety zone. This rule is categorically excluded 
from further review under paragraph 34(g) and (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

33 CFR Part 100

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

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 amends 
33 CFR parts 100 and 165 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.  100.35T01-0717 to read as follows:


Sec.  100.35T01-0717  Special Local Regulation; Marine Event in Captain 
of the Port Long Island Sound Zone.

    (a) Regulations. The general regulations contained in 33 CFR 
100.901 as well as the following regulations apply to the event listed 
in the TABLE 1 of Sec.  100.35T01-0717. These regulations will be 
enforced for the duration of the event.
    (b) Enforcement period. This rule will be enforced on the date and 
time listed for the event in TABLE 1 of Sec.  100.35T01-0717.
    (c) Definitions. The following definitions apply to this section:
    (1) Patrol Commander. Patrol Commander means a Coast Guard 
commissioned, warrant, or petty officer who has been designated by the 
Captain of the Port to monitor a regatta area, permit entry into the 
regatta area, give legally enforceable orders to persons or vessels 
within the regatta area, and take other actions authorized by the 
Captain of the Port. The Patrol Commander will be aboard either a Coast 
Guard or Coast Guard Auxiliary vessel. The Patrol Commander may be 
contacted on Channel 16 (156.8 MHZ) by the call sign ``Coast Guard 
Patrol Commander.''
    (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.
    (d) Enforcement. Upon being hailed by an official patrol vessel or 
the designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed. Failure to 
comply with a lawful direction may result in expulsion from the area, 
citation for failure to comply, or both.
    (e) Locations. The regulated area for the regatta is described in 
TABLE 1 of Sec.  100.35T01-0717.

[[Page 51482]]



                    Table 1 to Sec.   100.35T01-0717
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                              Regatta event
------------------------------------------------------------------------
1 Great Peconic Race...................   Date: September 14,
                                          2014.
                                          Time: 7:30 a.m. to
                                          4:30 p.m.
                                          Location: All
                                          navigable waters surrounding,
                                          Shelter Island, NY within two
                                          areas. First area is along the
                                          north shore of Shelter Island
                                          and includes Shelter Island
                                          Sound, Pipes Cove, Greenport
                                          Harbor and Dering Harbor.
                                          Starting from a point on land
                                          at Beach Point at position
                                          41[deg]06'25.66'' N;
                                          072[deg]20'04.95'' W then
                                          straight across Shelter Island
                                          Sound to a point on land near
                                          Cleaves Point at position
                                          41[deg]06'43.70'' N;
                                          072[deg]20'31.99'' W then west
                                          along the shoreline to a point
                                          on land near Brick Cove Marina
                                          at position 41[deg]04'44.91''
                                          N; 072[deg]23'06.25'' W then
                                          straight across Shelter Island
                                          Sound to a point on land near
                                          Jennings Point at position
                                          41[deg]04'20.46'' N;
                                          072[deg]22'57.60'' W then east
                                          along the shoreline back to
                                          the point of origin. (NAD 83.)
                                          The second area is along the
                                          south shore of Shelter Island
                                          and includes Shelter Island
                                          Sound and Smith Cove. Starting
                                          at a point on land near West
                                          Neck Point at position
                                          41[deg]02'48.14'' N;
                                          072[deg]20'19.34'' W then
                                          straight across Shelter Island
                                          Sound to a point on land near
                                          Gleason Point at position
                                          41[deg]02'04.91'' N;
                                          072[deg]19'54.47'' W then east
                                          along the shoreline to a point
                                          on land at position
                                          41[deg]01'07.56'' N;
                                          072[deg]17'53.34'' W then
                                          straight across Smith Cove to
                                          a point on land near Mashomack
                                          Point at position
                                          41[deg]01'44.68'' N;
                                          072[deg]16'54.87'' W and then
                                          west along the shoreline to a
                                          point on land at position
                                          41[deg]02'48.94'' N;
                                          072[deg]19'49.98'' W and then
                                          across West Neck Harbor to the
                                          point of origin. (NAD 83) All
                                          positions are approximate.
                                          Additional
                                          stipulations: Recreation
                                          vessel speed in the regulated
                                          area is restricted to no wake
                                          speed or 6 knots, whichever is
                                          slower. Recreational vessels
                                          shall not anchor, block,
                                          loiter, or impede the transit
                                          of event participants or
                                          official patrol vessels in the
                                          regulated areas unless
                                          authorized by COTP or
                                          designated representative.
                                          Recreational vessels shall
                                          yield right-of-way for event
                                          participants and event safety
                                          craft and shall follow
                                          directions given by event
                                          representatives during the
                                          event. Commercial vessels will
                                          have right-of-way over event
                                          participants, and event safety
                                          craft.
------------------------------------------------------------------------

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; and Department of Homeland Security 
Delegation No. 0170.1.


0
4. Add Sec.  165.T01-0717 to read as follows:


Sec.  165.T01-0717  Safety Zones; Marine Event in Captain of the Port 
Long Island Sound Zone.

    (a) Regulations. The general regulations contained in 33 CFR 165.23 
as well as the following regulations apply to the events listed in the 
TABLE 1 of Sec.  165.T01-0717.
    (b) Enforcement period. This rule will be enforced on the dates and 
times listed for each event in TABLE 1 of Sec.  165.T01-0717.
    (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 (COTP), 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. While 
members of the Coast Guard Auxiliary will not serve as the designated 
representative, they 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.
    (d) Vessels desiring to enter or operate within a safety zone 
should contact the COTP or the designated representative via VHF 
channel 16 or by telephone at (203) 468-4401 to obtain permission to do 
so. Vessels given permission to enter or operate in a safety zone must 
comply with all directions given to them by the COTP Sector Long Island 
Sound or the designated on-scene representative.
    (e) Upon being hailed by an official patrol vessel or the 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed. Failure to 
comply with a lawful direction may result in expulsion from the area, 
citation for failure to comply, or both.

[[Page 51483]]



                     Table 1 to Sec.   165.T01-0717
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                              Regatta event
------------------------------------------------------------------------
1 Region 8 Beach Brawl.................   Date: September 6,
                                          2014.
                                          Time: 8:00 p.m. to
                                          4:00 p.m.
                                          Date: September 7,
                                          2014.
                                          Time: 8:00 p.m. to
                                          4:00 p.m.
                                          Location: All
                                          navigable waters in New Haven
                                          Harbor, West Haven, CT
                                          encompassing an area starting
                                          from a point on land at
                                          41[deg]15'18'' N;
                                          072[deg]57'13'' W then
                                          southeast to point at
                                          41[deg]15'12'' N;
                                          072[deg]57'13'' W the
                                          northeast to point at
                                          41[deg]15'15'' N;
                                          072[deg]57'59'' W the
                                          northwest to a point on land
                                          at 41[deg]15'21'' N;
                                          072[deg]57'02'' W then
                                          southwest along shoreline back
                                          to point of origin. (NAD 83)
                                          All positions are approximate.
------------------------------------------------------------------------


    Dated: August 14, 2014.
H. L. Morrison,
Commander, U. S. Coast Guard, Acting Captain of the Port Sector Long 
Island Sound.
[FR Doc. 2014-20676 Filed 8-28-14; 8:45 am]
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