[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Rules and Regulations]
[Pages 63284-63286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17121]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2024-0544]
RIN 1625-AA08


Special Local Regulation; Cayuga Lake, Ithaca, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for certain waters of Cayuga Lake. This action is necessary 
to provide for the safety of life on these navigable waters near 
Ithaca, NY, during a marine event on August 10, 2024. This regulation 
prohibits persons and vessels from transiting the regulated area unless 
authorized by the Captain of the Port Sector Eastern Great Lakes or a 
designated representative.

DATES: This rule is effective from 6 a.m. to 11:30 a.m. on August 10, 
2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0544 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email MST1 Joseph Stranc, Waterways Management Division, U.S. 
Coast Guard Marine Safety Unit Thousand Islands; telephone 315-774-
8724, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    March 4, 2024, an organization notified the Coast Guard that it 
will be conducting a swim event from 6 a.m. to 11:30 a.m. on August 10, 
2024. The event will take place within the following boundaries: 
starting at point 42[deg]30'07.01'' N, 076[deg]30'57.04'' W; running 
adjacent shore to point 42[deg]30'30.03'' N, 076[deg]31'09.34'' W; 
thence to 42[deg]29'50.20'' N, 076[deg]32'24.99'' W; running adjacent 
to the shore to point 42[deg]29'34.71'' N, 076[deg]32'17.11'' W; thence 
back to starting position. In response, on July 10, 2024, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled Special 
Local Regulation; Cayuga Lake, Ithaca, NY 89 FR 56677. There we stated 
why we issued the NPRM and invited comments on our proposed regulatory 
action related to this fireworks display. During the comment period 
that ended July 25, 2024, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
ensure the safety for participants during the duration of the marine 
event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Captain of the Port Sector Eastern Great Lakes (COTP) has 
determined that potential hazards associated with the marine event 
occurring on August 10, 2024, will pose safety concern for the event 
participants. The purpose of this rule is to ensure safety of 
participants and the navigable waters in the regulated area before, 
during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published July 
10, 2024. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a special local regulation from 6 a.m. to 
11:30 a.m. on August 10, 2024. The special local regulation will cover 
all navigable waters within Cayuga Lake starting at point 
42[deg]30'07.01'' N 076[deg]30'57.04'' W and running adjacent to the 
shore to point 42[deg]30'30.03'' N 076[deg]31'09.34'' W, continuing to 
point 42[deg]29'50.20'' N 076[deg]32'24.99'' W, running adjacent to the 
shore to point 42[deg]29'34.71'' N 076[deg]32'17.11'' W, back to the 
starting position. The duration of the zone is intended to ensure the 
safety of event participants and these navigable waters before, during, 
and after the scheduled 6 a.m. to 11:30 a.m. marine event. No vessel or 
person will be permitted to enter the regulated area without

[[Page 63285]]

obtaining permission from the COTP or a 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 a number of 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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration and time of day of the regulated area. Vessel 
traffic would be able to safely transit through this regulated area 
which would impact a small designated area of Cayuga Lake for less than 
6 hours during the morning. Moreover, the Coast Guard would issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
regulated area, and the rule would allow vessels to seek permission to 
transit through the area.

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 received no comments from the Small Business 
Administration on this rulemaking. 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 the 
regulated area 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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

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.

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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 rule involves a 
special local regulation lasting 5.5 hours that would prohibit entry to 
the swim area of the Cayuga Lake without authorization from COTP or 
their designated representative. It is categorically excluded from 
further review under paragraph L61 of appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A Memorandum for the Record 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T999-0544 to read as follows:

[[Page 63286]]

Sec.  100.T999-0544  Women Swimmin' for Hospicare, Cayuga Lake, Ithaca, 
NY.

    (a) Enforcement period. Coast Guard Sector Eastern Great Lakes 
Captain of the Port (COTP) will enforce this section from 6 a.m. to 
11:30 a.m. on August 10, 2024, upon the navigable waters of Cayuga Lake 
as described in paragraph (b) of this section.
    (b) Regulated area. The regulations in this section apply to the 
following area: All navigable waters within Cayuga Lake starting at 
point 42[deg]30'07.01'' N 076[deg]30'57.04'' W and running adjacent to 
the shore to point 42[deg]30'30.03'' N 076[deg]31'09.34'' W, continuing 
to point 42[deg]29'50.20'' N 076[deg]32'24.99'' W, running adjacent to 
the shore to point 42[deg]29'34.71'' N 076[deg]32'17.11'' W, back to 
the starting position.
    (c) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the COTP in the enforcement of the 
regulations in this section.
    (d) Regulations. All vessels will be required to request permission 
from the COTP or their designated representative to transit the area 
and will operate at a no wake speed to reduce the wake to a minimum, 
and in a manner which will not endanger participants in the event or 
any other craft. The COTP or their designated representative may be 
contacted on Channel 16 (156.8 MHZ) by the call sign ``Coast Guard 
Patrol Commander''.

    Dated: July 29, 2024.
S.M. Murray,
Commander, U.S. Coast Guard, Alternate Captain of the Port, Sector 
Eastern Great Lakes.
[FR Doc. 2024-17121 Filed 8-2-24; 8:45 am]
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