[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Rules and Regulations]
[Pages 45015-45018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16518]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0559]
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 three special local 
regulations for three 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 
July 12, 2016 until 11:00 a.m. on August 6, 2016. For the purposes of 
enforcement, actual notice will be used from the date the rule was 
signed, June 23, 2016, until July 12, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0559 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
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983

II. Background Information and Regulatory History

    This rulemaking establishes three special local regulations for two 
swim events and one fireworks display. Each event and its corresponding 
regulatory history are discussed below.
    The Jones Beach State Park Fireworks is a recurring marine event 
with regulatory history. This recurring event is codified in Table 1 to 
33 CFR 165.151 (7.19). The Coast Guard is using a Special Local 
Regulation for this event due to a determination that a safety zone 
will be insufficient to mitigate the event's extra and unusual hazards 
this year.
    The Mystic Sharkfest Swim is a recurring marine event with 
regulatory history. A special local regulation was established in 2015 
for the Mystic Sharkfest Swim event when the Coast Guard issued a 
temporary rule entitled, ``Special Local Regulation; Mystic Sharkfest 
Swim; Mystic River; Mystic, CT.''
    Island Beach Two Mile Swim is a recurring marine event with 
regulatory history. A special local regulation was established for this 
event on July 29, 2015 via a temporary final rule entitled, ``Special 
Local Regulations; Marine Events held in the Sector Long Island Sound 
Captain of the Port Zone.'' This rule was published on August 13, 2015 
in the Federal Register (80 FR 48436).
    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. 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.

[[Page 45016]]

IV. Discussion of the Rule

    This rule establishes three special local regulations for two swim 
events and one fireworks show. The locations of these regulated areas 
are as follows:

                        Special Local Regulations
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1. Jones Beach Fireworks Display.......  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. Mystic Sharkfest Swim...............  Location: All waters of Mystic
                                          River off Mystic, CT contained
                                          within the following area;
                                          beginning at a point on land
                                          in position at 41[deg]21'41''
                                          N., 071[deg]58'01'' W.; then
                                          south-west across Mystic River
                                          to a point on land in position
                                          at 41[deg]21'36'' N.,
                                          071[deg]58'05'' W.; near Pearl
                                          Street then south-east along
                                          the shoreline to a point on
                                          land in position at
                                          41[deg]21'31'' N.;
                                          071[deg]58'02'' W.; near Park
                                          Place; then south-west along
                                          the shoreline to a point on
                                          land in position at
                                          41[deg]21'27'' N.,
                                          071[deg]58'07'' W.; near
                                          Gravel Street; then south
                                          along the shoreline to a point
                                          on land in position
                                          41[deg]21'10'' N,
                                          071[deg]58'14'' W.; then east
                                          across Mystic River to a point
                                          on land in position
                                          41[deg]21'09'' N.,
                                          071[deg]58'11'' W.; then north
                                          along the shoreline to a point
                                          on land in position
                                          41[deg]21'21'' N.,
                                          071[deg]58'02'' W., then east
                                          along the shoreline to a point
                                          on land in position
                                          41[deg]21'25'' N.,
                                          071[deg]57'53'' W. near Holmes
                                          Street, then north along the
                                          shoreline to a point on land
                                          in position 41[deg]21'38'' N.,
                                          071[deg]57'53'' W.; near the
                                          Mystic Seaport Museum and then
                                          northwest along the shoreline
                                          back to point of origin (NAD
                                          83).
3. Island Beach Two Mile Swim..........  Location: 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).
------------------------------------------------------------------------

    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 orders 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 Order 13563 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 Order 12866. 
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'' 
areas or a deviance from the stipulations within the ``Slow/No Wake 
Areas'' 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

[[Page 45017]]

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 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 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 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 three 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

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, 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.T01-0559 to read as follows:


Sec.  100.T01-0559  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 1 to Sec.  100.T01-0559.
    (b) Enforcement Period. This rule will be enforced on the dates and 
times listed for each event in Table 1 to Sec.  100.T01-0559.
    (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 1 to Sec.   100.T01-0559--Special Local Regulations
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1. Jones Beach Fireworks Display.......   Date: July 4, 2016.
                                          Rain Date: July 5,
                                          2016.
                                          Time: 9:00 p.m. to
                                          10:25 p.m.

[[Page 45018]]

 
                                          Location: ``No Entry
                                          Area'': [Barge Location]
                                          ``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.
2. Mystic Sharkfest Swim...............   Date: July 9, 2016.
                                          Time: 7:30 a.m. to
                                          10:00 a.m.
                                          Location: ``All waters
                                          of Mystic River off Mystic, CT
                                          contained within the following
                                          area; beginning at a point on
                                          land in position at
                                          41[deg]21'41'' N.,
                                          071[deg]58'01'' W.; then south-
                                          west across Mystic River to a
                                          point on land in position at
                                          41[deg]21'36'' N.,
                                          071[deg]58'05'' W. near Pearl
                                          Street then south-east along
                                          the shoreline to a point on
                                          land in position at
                                          41[deg]21'31'' N.,
                                          071[deg]58'02'' W. near Park
                                          Place; then south-west along
                                          the shoreline to a point on
                                          land in position at
                                          41[deg]21'27'' N.,
                                          071[deg]58'07'' W. near Gravel
                                          Street; then south along the
                                          shoreline to a point on land
                                          in position 41[deg]21'10'' N.,
                                          071[deg]58'14'' W.; then east
                                          across Mystic River to a point
                                          on land in position
                                          41[deg]21'09'' N.,
                                          071[deg]58'11'' W.; then north
                                          along the shoreline to a point
                                          on land in position
                                          41[deg]21'21'' N.,
                                          071[deg]58'02'' W., then east
                                          along the shoreline to a point
                                          on land in position
                                          41[deg]21'25'' N.,
                                          071[deg]57'53'' W. near Holmes
                                          Street, then north along the
                                          shoreline to a point on land
                                          in position 41[deg]21'38'' N.,
                                          071[deg]57'53'' W. near the
                                          Mystic Seaport Museum and then
                                          northwest along the shoreline
                                          back to point of origin'' (NAD
                                          83).
                                          Additional
                                          Stipulations: (1) In
                                          accordance with the general
                                          regulations found in section
                                          100.35 of this part, we are
                                          requiring non-event vessels
                                          transiting through the area
                                          during the enforcement period
                                          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. (2) All
                                          persons transiting through the
                                          area shall maintain a minimum
                                          distance of 100 feet from the
                                          swimmers.
3. Island Beach Two Mile Swim..........   Date: August 3, 2016.
                                          Time: 7:30 a.m. to
                                          11:00 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.
------------------------------------------------------------------------


    Dated: June 23, 2016.
K.B. Reed,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Long 
Island Sound.
[FR Doc. 2016-16518 Filed 7-11-16; 8:45 am]
 BILLING CODE 9110-04-P