[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Rules and Regulations]
[Pages 36465-36468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13414]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0324]
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 two special local regulations 
for two 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 12:01 a.m. on 
June 7, 2016 until 5 p.m. on June 12, 2016. For the purposes of 
enforcement, actual notice will be used from the date the rule was 
signed, 18 May, 2016, until June 7, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0324 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact Petty Officer Jay TerVeen, Prevention Department, Coast Guard 
Sector Long Island Sound, telephone (203) 468-4446, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983

II. Background Information and Regulatory History

    This rulemaking establishes two special local regulations for one 
regatta and one air show. Each event and its corresponding regulatory 
history are discussed below.
    Jones Beach (Air Show): A special local regulation was established 
in 2015 for the Jones Beach Air Show event when the Coast Guard issued 
a final rule entitled, ``Special Local Regulations and Safety Zones; 
Marine Events held in the Sector Long Island Sound Captain of the Port 
Zone''. This rulemaking was published on May 18, 2015 in the Federal 
Register (80 FR 28176).
    The Harvard-Yale Regatta is a reoccurring marine event with 
regulatory history and is cited in 33 CFR 100.100(1.1). This event has 
been included in this rule due to deviation from the cite date.
    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an 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, take public 
comments, and issue a final rule before these events take place. Thus, 
waiting for a comment period to run would inhibit the Coast Guard's 
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.

III. Legal Authority and Need for Rule

    The legal basis for this temporary rule is 33 U.S.C. 1233.
    The COTP Sector LIS has determined that the special local 
regulations established by this temporary final rule are necessary to 
provide for the safety of life on navigable waterways during these 
events.

IV. Discussion of the Rule

    This rule establishes two special local regulations for one regatta 
and one air show. The locations of these regulated areas are as 
follows:

[[Page 36466]]



                                            Special Local Regulations
----------------------------------------------------------------------------------------------------------------
 
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1....................................  Jones Beach Air Show...  Location: There will be three areas created for
                                                                 the special local regulation. The first area,
                                                                 ``No Entry Area'', is on the navigable waterway
                                                                 located along the south shore of Jones Beach
                                                                 State Park. The second area, ``Slow/No Wake
                                                                 Area'', is located on the navigable waterway
                                                                 between Meadowbrook State Parkway and Wantagh
                                                                 State Parkway. The third area, ``No Southbound
                                                                 Traffic Area'', in the navigable waters of
                                                                 Zach's Bay.
2....................................  Harvard-Yale Regatta...  Location: All waters of the Thames River at New
                                                                 London, Connecticut, between the Penn Central
                                                                 Draw Bridge 41[deg]21'46.94'' N.
                                                                 072[deg]5'14.46'' W. to Bartlett Cove
                                                                 41[deg]25'35.9'' N. 072[deg]5'42.89'' 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.

V. 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 order and we discuss First 
Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget. 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, may do so with permission from the COTP 
Sector LIS or a 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, public notifications 
will be made to local mariners through appropriate means, which may 
include the Local Notice to Mariners as well as Broadcast Notice to 
Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit 
these regulated areas may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator. 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.
    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 proposed rule or any 
policy or action of the Coast Guard.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Orders 
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 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. 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

[[Page 36467]]

Environmental Policy Act of 1969 (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 temporary rule involves the establishment of two 
regulated areas. It 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 will be 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.

G. 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.

List of Subjects in 33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
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.T01-0324 to read as follows:


Sec.  100.T01-0324  Special Local Regulations; Marine Events held in 
the Sector Long Island Sound Captain of the Port Zone.

    (a) Location. This section will be enforced at the locations listed 
for each event in the Table to Sec.  100.T01-0324.
    (b) Enforcement period. This rule will be enforced on the dates and 
times listed for each event in TABLE 1 to Sec.  100.T01-0324.
    (c) Definitions. The following definitions apply to this section: A 
``designated representative'' is any Coast Guard commissioned, warrant 
or petty officer of the U.S. Coast Guard who has been designated by the 
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. ``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. In addition, members 
of the Coast Guard Auxiliary may be present to inform vessel operators 
of this regulation.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
100.35 apply.
    (2) Operators of vessels desiring to deviate from these regulations 
should contact the COTP Sector Long Island Sound at 203-468-4401 
(Sector LIS command center) or the designated representative via VHF 
channel 16 to obtain permission to do so.
    (3) Any vessel given permission to deviate from these regulations 
must comply with all directions given to them by the COTP Sector Long 
Island Sound, or the designated on-scene representative.
    (4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel shall proceed 
as directed.

                             Table to Sec.   100.T01-0324--Special Local Regulations
----------------------------------------------------------------------------------------------------------------
 
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1....................................  Jones Beach Air Show...   Date: May 26-29, 2016
                                                                 Time:
                                                                (1) The ``No Entry Area'' will be enforced each
                                                                 day from the start of the air show until 30
                                                                 minutes after it concludes.
                                                                (2) The Slow/No Wake Area and the ``No
                                                                 Southbound Traffic Area'' will be enforced each
                                                                 day for six hours after the air show concludes.
                                                                 Location: ``No Entry Area'': Waters of
                                                                 the Atlantic Ocean off Jones Beach State Park,
                                                                 Wantagh, NY contained within the following
                                                                 described area; Beginning in approximate
                                                                 position 40[deg]34'54'' N., 073[deg]33'21'' W.,
                                                                 then running east along the shoreline of Jones
                                                                 Beach State Park to approximate position
                                                                 40[deg]35'53'' N., 073[deg]28'48'' W.; then
                                                                 running south to a position in the Atlantic
                                                                 Ocean off of Jones Beach at approximate
                                                                 position 40[deg]35'05'' N., 073[deg]28'34'' W.;
                                                                 then running west to approximate position
                                                                 40[deg]33'15'' N., 073[deg]33'09'' W.; then
                                                                 running north to the point of origin.
                                                                ``Slow/No Wake Area'': All navigable waters
                                                                 between Meadowbrook State Parkway and Wantagh
                                                                 State Parkway and contained within the
                                                                 following area. Beginning in approximate
                                                                 position 40[deg]35'49.01'' N. 73[deg]32'33.63''
                                                                 W. then north along the Meadowbrook State
                                                                 Parkway to its intersection with Merrick Road
                                                                 in approximate position 40[deg]39'14.00'' N.
                                                                 73[deg]34'00.76'' W. then east along Merrick
                                                                 Road to its intersection with Wantagh State
                                                                 Parkway in approximate position
                                                                 40[deg]39'51.32'' N. 73[deg]30'43.36'' W. then
                                                                 south along the Wantagh State Parkway to its
                                                                 intersection with Ocean Parkway in approximate
                                                                 position 40[deg]35'47.30'' N. 73[deg]30'29.17''
                                                                 W. then west along Ocean Parkway to its
                                                                 intersection with Meadowbrook State Parkway at
                                                                 the point of origin in approximate position
                                                                 40[deg]35'49.01'' N. 73[deg]32'33.63'' W.
                                                                ``No Southbound Traffic Area'': All navigable
                                                                 waters of Zach's Bay south of the line
                                                                 connecting a point near the western entrance to
                                                                 Zach's Bay in approximate position
                                                                 40[deg]36'29.20'' N., 073[deg]29'22.88'' W. and
                                                                 a point near the eastern entrance of Zach's Bay
                                                                 in approximate position 40[deg]36'16.53'' N.,
                                                                 073[deg]28'57.26'' W.

[[Page 36468]]

 
2....................................  Harvard-Yale Regatta...   Date: June 12, 2016
                                                                 Time: 2:00 p.m. to 5:00 p.m.
                                                                 Location: ``All waters of the Thames
                                                                 River at New London, Connecticut, between the
                                                                 Penn Central Draw Bridge 41[deg]21'46.94'' N.
                                                                 072[deg]5'14.46'' W. to Bartlett Cove
                                                                 41[deg]25'35.9'' N. 072[deg]5'42.89'' W. (NAD
                                                                 83).
                                                                 Additional Stipulations: Spectator
                                                                 vessels must be at anchor within a designated
                                                                 spectator area or moored to a waterfront
                                                                 facility within the regulated area in such a
                                                                 way that they shall not interfere with the
                                                                 progress of the event at least 30 minutes prior
                                                                 to the start of the races. They must remain
                                                                 moored or at anchor until the men's varsity
                                                                 have passed their positions. At that time,
                                                                 spectator vessels located south of the Harvard
                                                                 Boathouse may proceed downriver at a reasonable
                                                                 speed. Vessels situated between the Harvard
                                                                 Boathouse and the finish line must remain
                                                                 stationary until both crews return safely to
                                                                 their boathouses. If for any reason the men's
                                                                 varsity crew race is postponed, spectator
                                                                 vessels will remain in position until notified
                                                                 by Coast Guard or regatta patrol personnel. The
                                                                 last 1,000 feet of the race course near the
                                                                 finish line will be delineated by four
                                                                 temporary white buoys provided by the sponsor.
                                                                 All spectator craft shall remain behind these
                                                                 buoys during the event. Spectator craft shall
                                                                 not anchor: to the west of the race course,
                                                                 between Scotch Cap and Bartlett Point Light, or
                                                                 within the race course boundaries or in such a
                                                                 manner that would allow their vessel to drift
                                                                 or swing into the race course. During the
                                                                 effective period all vessels shall proceed at a
                                                                 speed not to exceed six knots in the regulated
                                                                 area. Spectator vessels shall not follow the
                                                                 crews during the races. Swimming is prohibited
                                                                 in the vicinity of the race course during the
                                                                 races. A vessel operating in the vicinity of
                                                                 the Submarine Base may not cause waves which
                                                                 result in damage to submarines or other vessels
                                                                 in the floating dry-docks.
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    Dated: May 18, 2016.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2016-13414 Filed 6-6-16; 8:45 am]
 BILLING CODE 9110-04-P