[Federal Register Volume 80, Number 156 (Thursday, August 13, 2015)]
[Rules and Regulations]
[Pages 48436-48440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19986]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100

[Docket Number USCG-2015-0705]
RIN 1625-AA08


Special Local Regulations; Marine Events Held in the Sector Long 
Island Sound Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing five special local regulations 
for five separate marine events within the Coast Guard Sector Long 
Island Sound (LIS) Captain of the Port (COTP) 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 is prohibited unless authorized 
by COTP Sector Long Island Sound.

DATES: This rule is effective without actual notice from August 13, 
2015 until 4:30 p.m. on August 28, 2015. For the purposes of 
enforcement, actual notice will be used from the date the rule was 
signed, July 29, 2015, until August 13, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0705]. 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, 
contact Petty Officer Ian Fallon, Prevention Department, Coast Guard 
Sector Long Island Sound, telephone (203) 468-4565, email 
[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. Regulatory History and Information

    This rulemaking establishes five special local regulations for 
three regattas and two swim events. Each event and its corresponding 
regulatory history are discussed below.
    Smith Point Triathlon (Swim) is a reoccurring marine event with 
regulatory history. A safety zone was established for Smith Point 
Triathlon in 2014 when the Coast Guard issued a temporary final rule 
entitled, ``Safety Zone; Smith Point Triathlon; Narrow Bay; Mastic 
Beach, NY.'' The NPRM in that rulemaking was published on April, 25, 
2014 in the Federal Register (79 FR 22927).
    Island Beach Two Mile (Swim) is a recurring marine event with 
regulatory history. A safety zone was established for this event on 
August 9, 2014 via a temporary final rule entitled, ``Special Local 
Regulations and Safety Zones; Marine Events in Captain of the Port Long 
Island Sound Zone.'' This rule was published on August 12, 2014 in the 
Federal Register (79 FR 46997).
    Riverside Yacht Club JSA of LIS Opti Champs (Regatta) is a new 
event with no regulatory history.
    Riverfront Dragon Boat and Asian Festival (Regatta) is a recurring 
marine event with regulatory history. A special local regulation was 
established in 2014 for the Riverfront Dragon Boat and Asian Festival 
when the Coast Guard enforced 33 CFR 100.100(a)(1.7). This event has 
been included in this rule due to deviation from the location in this 
cite.
    War Writers Campaign Kayak for Cause (Regatta) is a new event with 
no regulatory history.
    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

[[Page 48437]]

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 because doing so would be impracticable and contrary to the public 
interest. There is insufficient time to publish an 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. 1233 which 
authorizes the Coast Guard to define regulatory special local 
regulations.
    As discussed in the Regulatory History and Information section, 
three regattas and two swim events will take place in the Coast Guard 
Sector LIS COTP Zone between August 2, 2015, and August 28, 2015. The 
COTP Long Island Sound has determined that the five special local 
regulations established by this temporary final rule are necessary to 
provide for the safety of life on navigable waterways during those 
events.
    Smith Point Triathlon will have the swim portion of the triathlon 
at Smith Point County Park in Shirley, NY. The race participants will 
stay within 500 feet of the shore. There will be life guards in kayaks 
as safety boats.
    Island Beach Two Mile Swim is a swim event in Long Island Sound 
south of Greenwich, CT. The swim course starts at Little Captain's 
Island and follows a course towards Belle Haven, CT turning back 
towards Captain's Island after a mile. There will be two safety boats 
at each end of the swim course and fifteen life guards in kayaks along 
the swim course.
    Riverside Yacht Club JSA of LIS Opti Champs is a sailing event will 
be held in Captain Harbor south of Greenwich, CT using Optimist 
sailboats. There will be five boats in support of this event and four 
safety boats.
    Riverfront Dragon Boat and Asian Festival is a dragon boat race and 
regatta that will be held on the Connecticut River in Hartford, CT. 
There will be three safety boats in support of this event.
    War Writers Campaign Kayak for Cause is a kayak event that starts 
in Bridgeport, CT and ends in Port Jefferson, NY across Long Island 
Sound. There will be four safety boats accompanying the race 
participants across Long Island Sound.

C. Discussion of the Temporary Final Rule

    This rule establishes five special local regulations for three 
regattas and two swim events. The locations of these special local 
regulations are as follows:

                        Special Local Regulations
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1..................  Smith Point        Location: All waters of Narrow
                      Triathlon.         Bay near Smith Point Park in
                                         Shirley, NY within the area
                                         bound by land along its
                                         southern edge and points in
                                         position 40[deg]44'14.28'' N.
                                         072[deg]51'40.68'' W. northerly
                                         through position
                                         40[deg]44'20.83'' N.
                                         072[deg]51'40.68'' W., then
                                         easterly through position
                                         40[deg]44'20.83'' N.
                                         072[deg]51'19.73'' W., then
                                         southerly through position
                                         40[deg]44'14.85'' N.
                                         072[deg]51'19.73'' W. (NAD 83).
2..................  Island Beach 2     Location: All waters of Captain
                      Mile Swim.         Harbor between Little Captain's
                                         Island and Bower's Island that
                                         are located within the box
                                         formed by connecting four
                                         points in the following
                                         positions. Beginning at
                                         40[deg]59'23.35'' N.
                                         073[deg]36'42.05'' W., then
                                         northwest to 40[deg]59'51.04''
                                         N. 073[deg]37'57.32'' W., then
                                         southwest to 40[deg]59'45.17''
                                         N. 073[deg]38'01.18'' W., then
                                         southeast to 40[deg]59'17.38''
                                         N. 073[deg]36'45.90'' W., then
                                         northeast to the beginning
                                         point at 40[deg]59'23.35'' N.
                                         073[deg]36'42.05'' W. (NAD 83).
3..................  Riverside Yacht    Location: All waters of Captain
                      Club JSA of LIS    Harbor near Greenwich, CT
                      Opti Champs.       within a 1 mile radius of
                                         position 41[deg]00'07.5'' N.;
                                         073[deg]36'27.4'' W. (NAD 83).
4..................  Riverfront Dragon  Location: All waters of the
                      Boat and Asian     Connecticut River, Hartford,
                      Festival.          CT, between the Bulkeley Bridge
                                         41[deg]46'10.10'' N.;
                                         072[deg]39'56.13'' W. and the
                                         Wilbur Cross Bridge
                                         41[deg]45'11.67'' N.;
                                         072[deg]39'13.64'' W. (NAD 83).
5..................  War Writers        Location: All waters of Long
                      Campaign Kayak     Island Sound along the regatta
                      For Cause.         route from Bridgeport, CT to
                                         Port Jefferson, NY along
                                         positions 41[deg]09'40'' N.;
                                         073[deg]11'04'' W., then south
                                         east near Stratford Shoal at
                                         position 41[deg]03'41'' N.;
                                         073[deg]06'24'' W. then south
                                         to Port Jefferson at position
                                         40[deg]58'37'' N.; 073[deg]
                                         05'49'' W. (NAD 83).
------------------------------------------------------------------------

    This rule establishes additional vessel movement rules within areas 
specifically under the jurisdiction of the special local regulations 
during the periods of enforcement unless authorized by the COTP or 
designated representative.
    Public notifications will be made to the local maritime community 
prior to each 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 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: (1) The 
enforcement of these regulated areas will be relatively short in 
duration, (2) persons or vessels desiring entry into the ``No Entry'' 
area or a deviance from the stipulations within the ``Slow/No Wake 
Area'' may be authorized to do so by the COTP Sector Long Island Sound 
or designated representative, (3) vessels can operate within the 
regulated area provided they do so in accordance with the regulation 
and (4) before the effective period,

[[Page 48438]]

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.

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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This temporary final 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 a regulated area 
during the periods of enforcement, from August 2, 2015 to August 28, 
2015. 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 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 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 
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 rule will not result in 
such 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 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 special local 
regulations. 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 parts 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.  100.35T01-0705 to read as follows:


Sec.  100.35T01-0705  Special Local Regulations; Marine Events in 
Captain of the Port Long Island Sound Zone.

    (a) Regulations. The general regulations contained in 33 CFR 100.35 
as well as the following regulations apply to the marine events listed 
in Table to Sec.  100.T01-0705.
    (b) Enforcement periods. This section will be enforced on the dates 
and times

[[Page 48439]]

listed for each event in Table to Sec.  100.T01-0705.
    (c) Definitions. The following definitions apply to this section:
    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.
    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) Operators of non-event vessels transiting through the area 
during the enforcement period are required to travel at no wake speeds 
or 6 knots, whichever is slower and that vessels shall not block or 
impede the transit of event participants, event safety vessels or 
official patrol vessels in the regulated area unless authorized by the 
Captain of the Port (COTP) or designated representatives.
    (e) 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.
    (f) Non-event vessels desiring to transit through the ``No Wake 
Area'' at faster than no wake speeds 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. A 
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. If authorization 
to transit through at faster than no wake speed 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.
    (g) The Coast Guard will provide notice of the regulated area 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.
    (h) The additional stipulations listed in the table to Sec.  
100.35T01-0705 also apply for the event in which they are listed.

                     Table to Sec.   100.35T01-0705
------------------------------------------------------------------------
 
------------------------------------------------------------------------
(1)................  Smith Point         Date: August 2, 2015.
                      Triathlon.         Time: 6:20 a.m. to 9:30
                                         a.m.
                                         Location: All waters of
                                         Narrow Bay near Smith Point
                                         Park in Shirley, NY within the
                                         area bound by land along its
                                         southern edge and points in
                                         position 40[deg]44'14.28'' N.
                                         072[deg]51'40.68'' W. northerly
                                         through position
                                         40[deg]44'20.83'' N.
                                         072[deg]51'40.68'' W., then
                                         easterly through position
                                         40[deg]44'20.83'' N.
                                         072[deg]51'19.73'' W., then
                                         southerly through position
                                         40[deg]44'14.85'' N.
                                         072[deg]51'19.73'' W. (NAD 83).
                                         Additional
                                         stipulations: All persons
                                         transiting through the area
                                         shall maintain a minimum
                                         distance of 100 yards from the
                                         swimmers.
(2)................  Island Beach 2      Date: August 8, 2015.
                      Mile Swim.         Time: 7:45 a.m. to
                                         10:45 a.m.
                                         Location: The following
                                         area is a safety zone: All
                                         waters of Captain Harbor
                                         between Little Captain's Island
                                         and Bower's Island that are
                                         located within the box formed
                                         by connecting four points in
                                         the following positions.
                                         Beginning at 40[deg]59'23.35''
                                         N. 073[deg]36'42.05'' W., then
                                         northwest to 40[deg]59'51.04''
                                         N. 073[deg]37'57.32'' W., then
                                         southwest to 40[deg]59'45.17''
                                         N. 073[deg]38'01.18'' W., then
                                         southeast to 40[deg]59'17.38''
                                         N. 073[deg]36'45.90'' W., then
                                         northeast to the beginning
                                         point at 40[deg]59'23.35'' N.
                                         073[deg]36'42.05'' W. (NAD 83).
                                         Additional
                                         stipulations: All persons
                                         transiting through the area
                                         shall maintain a minimum
                                         distance of 100 yards from the
                                         swimmers.
(3)................  Riverside Yacht     Date: August 9-10,
                      Club JSA of LIS    2015.
                      Opti Champs.       Time: 8:30 a.m. to 4:30
                                         p.m.
                                         Location: All waters of
                                         Captain Harbor near Greenwich,
                                         CT within a 1 mile radius of
                                         position 41[deg]00'07.5'' N;
                                         073[deg]36'27.4'' W. (NAD 83).
(4)................  Riverfront Dragon   Date: August 15, 2015.
                      Boat and Asian     Time: 7:30 a.m. to 5:30
                      Festival.          p.m.
                                         Date: August 16, 2015.
                                         Time: 8:30 a.m. to 4:30
                                         p.m.
                                         Location: All waters of
                                         the Connecticut River,
                                         Hartford, CT, between the
                                         Bulkeley Bridge
                                         41[deg]46'10.10'' N;
                                         072[deg]39'56.13'' W. and the
                                         Wilbur Cross Bridge
                                         41[deg]45'11.67'' N;
                                         072[deg]39'13.64'' W. (NAD 83).
(5)................  War Writers         Date: August 28, 2015.
                      Campaign Kayak     Time: 7:30 a.m. to 4:30
                      For Cause.         p.m.
                                         Location: All waters of
                                         Long Island Sound along the
                                         regatta route from Bridgeport,
                                         CT to Port Jefferson, NY along
                                         positions 41[deg]09'40'' N;
                                         073[deg]11'04'' W., then south
                                         east near Stratford Shoal at
                                         position 41[deg]03'41'' N;
                                         073[deg]06'24'' W. then south
                                         to Port Jefferson at position
                                         40[deg]58'37'' N; 073[deg]
                                         05'49'' W. (NAD 83).
                                         Additional
                                         stipulations: All persons
                                         transiting through the area
                                         shall maintain a minimum
                                         distance of 100 yards from the
                                         kayakers.
------------------------------------------------------------------------



[[Page 48440]]

    Dated: July 29, 2015.
E.J. Cubanski, III,
Captain, U. S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2015-19986 Filed 8-12-15; 8:45 am]
 BILLING CODE 9110-04-P