Special Local Regulations and Safety Zones; Marine Events in Captain of the Port Long Island Sound Zone, 46997-47002 [2014-19054]
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Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations
Table of Acronyms
DEPARTMENT OF HOMELAND
SECURITY
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Coast Guard
33 CFR Parts 100 and 165
[Docket Number USCG–2014–0446]
RIN 1625–AA08; 1625–AA00
Special Local Regulations and Safety
Zones; Marine Events in Captain of the
Port Long Island Sound Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing two special local
regulations for two separate marine
events and establishing three safety
zones for two fireworks displays and
one swim event within the Captain of
the Port (COTP) Long Island Sound
(LIS) Zone. This temporary final rule is
necessary to provide for the safety of life
on navigable waters during these events.
Entry into, transit through, mooring or
anchoring within these regulated areas
and safety zones is prohibited unless
authorized by COTP Sector Long Island
Sound.
DATES: This rule is effective without
actual notice from August 12, 2014 until
10:45 p.m. on August 17, 2014. For the
purposes of enforcement, actual notice
will be used from the date the rule was
signed, July 25, 2014 until August 12,
2014.
SUMMARY:
Documents mentioned in
this preamble are part of docket [USCG–
2014–0446]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Scott Baumgartner,
Prevention Department, Coast Guard
Sector Long Island Sound, (203) 468–
4559, Scott.A.Baumgartner@uscg.mil. 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:
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ADDRESSES:
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A. Regulatory History and Information
This rulemaking establishes two
special local regulations for two regattas
and three safety zones for two fireworks
displays and one swim event. Each
event and its corresponding regulatory
history is discussed below.
The Aquapalooza is a recurring
marine event but with no regulatory
history.
The Connecticut River Raft Race is
also a recurring marine event but with
a regulatory history. Specifically, the
Coast Guard established a special local
regulation in 2012 for this event via a
final rule entitled, ‘‘Safety Zones &
Special local Regulations; Recurring
Marine Events in Captain of the Port
Long Island Sound Zone.’’ This
rulemaking was published on May 24,
2013 in the Federal Register (78 FR
31402). In 2013, the special local
regulation for the Connecticut River Raft
Race was modified by a temporary final
rule issued by the Coast Guard entitled,
‘‘Special Local Regulations and Safety
Zones; Marine Events in Captain of the
Port Long Island Sound Zone.’’ This
rulemaking was published on July 10,
2013 in the Federal Register (78 FR
41300).
The Sebonack Golf Club Fireworks
Display is a new event with no
regulatory history. The Sebonack Golf
Club has helped sponsor a similar
recurring event that was held in the
same location on July 6, 2013 and
known as National Golf Links
Fireworks. A safety zone was
established in 2012 for the National Golf
Links Fireworks event via a final rule
entitled, ‘‘Safety Zones & Special local
Regulations; Recurring Marine Events in
Captain of the Port Long Island Sound
Zone.’’ This rulemaking was published
on May 24, 2013 in the Federal Register
(78 FR 31402).
Island Beach Two Mile Swim is a
recurring event with some regulatory
history. Specifically, the Coast Guard
established a safety zone around this
event on August 3, 2013 via a temporary
final rule not published in the Federal
Register entitled, ‘‘Safety Zone, Island
Beach Two Mile Swim, Captain Harbor,
Greenwich, CT.’’
The Bohlsen Wedding Fireworks
Display is a new event with no
regulatory history.
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
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46997
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 a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. There is
insufficient time to publish a NPRM and
solicit comments from the public before
these events take place. Thus, waiting
for a comment period to run would
inhibit the Coast Guard’s ability to
fulfill its mission to keep the ports and
waterways safe.
Under 5 U.S.C. 553(d)(3), and for the
same reasons stated in the preceding
paragraph, the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
B. Basis and Purpose
The legal basis for this temporary rule
is 33 U.S.C. 1231, 1233; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; 33 CFR 1.05–1, 6.04–1, 6.04–6 and
160.5; Pub. L. 107–295, 116 Stat. 2064;
Department of Homeland Security
Delegation No. 0170.1 which
collectively authorize the Coast Guard
to define regulatory special local
regulations and safety zones.
As discussed in the Regulatory
History and Information section, two
regattas, two fireworks displays, and
one swim event will take place in the
COTP Long Island Sound Zone between
July 27, 2014 and August 17, 2014. The
COTP Long Island Sound has
determined that the two special local
regulations and the three safety zones
established by this temporary final rule
are necessary to provide for the safety of
life on navigable waterways during
those events.
Aquapalooza is a boating event open
to the Public that attracts many people
and boats into Zach’s Bay near Jones
Beach State Park in Wantagh, NY for an
afternoon of music and entertainment.
The event sponsor expects to have 500
participants, including swimmers and
boaters, and 150 boats attend the event.
The large number of boats operating in
close proximity to each other and to a
swim area, operating at dangerous
speeds for the conditions and the large
number of vessels departing Zach’s Bay
at the conclusion of the event creates
hazardous conditions in the form of
potentially dangerous boat operations
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within heavily congested waters. These
conditions are especially hazardous for
any vessels attempting to navigate in the
southbound direction and against the
flow of the main vessel traffic at the
conclusion of the event. The Coast
Guard determined that a special local
regulation that restricts vessel speed and
the flow of vessel traffic will improve
the safety of waterway users.
The Connecticut River Raft Race
involves many participants operating
human-powered and/or sail-powered
vessels of their own design and
construction along a stretch of the
Connecticut River near Middletown, CT.
The start and finish points of the race
have been changed to locations within
the same general area but with
improved access to the Connecticut
River creating safer entry and exit
conditions for event participants and
support personnel. Due to the hazards
facing these participants, including the
unknown and/or untested
seaworthiness of their vessels and
potential limitations to vessel
navigation and/or maneuverability, the
Coast Guard determined that a special
local regulation that restricts vessel
speed and operation is needed to protect
participants, spectators and other
waterway users during the event.
The Sebonack Golf Club fireworks
display and the Bohlsen Wedding
fireworks display are expected to attract
large numbers of spectator vessels that
will congregate around the locations of
these events. The Coast Guard
determined that safety zones are
required for each of these fireworks
displays to protect both spectators and
participants from the hazards created by
them, including unexpected
pyrotechnics detonation and burning
debris.
Island Beach Two Mile Swim is a
swim event that is held in Captain
Harbor near Greenwich, CT.
Approximately 80 participants will
swim an out and back, two mile course
that starts on Little Captain Island, then
continues roughly northwest for 1 mile
towards Bower’s Island and then returns
along the same track to Little Captain’s
Island. The swim course includes
waters routinely transited by
commercial and recreational boat traffic
which could present hazards, including
increased risk of collision, to the event
participants and safety and support
resources. The Coast Guard has
determined that a safety zone is
required to protect the event
participants from the hazards associated
with swim events on navigable waters,
including potential threats from
commercial and recreational boat traffic.
The safety zone would also improve
visibility and maneuverability for the
safety vessels and personnel supporting
the event.
C. Discussion of the Final Rule
This rule establishes two special local
regulations for two separate regattas and
three safety zones for two fireworks
display and one swim event. The
location of these special regulated areas
and safety zones are as follows:
Regattas
1
Aquapalooza .......................................................................................
2
Connecticut River Raft Race ..............................................................
• Location: 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°36′29.20″ N, 073°29′22.88″ W and a point near the
eastern entrance of Zach’s Bay in approximate position 40°36′16.53″
N, 073°28′57.26″ W.
• Location: All waters of the Connecticut River Middletown, CT between Gildersleeve Island (Marker no. 99) 41°36′02.13″ N
072°37′22.71″ W and Portland Riverside Marina (Marker no. 88)
41°33′38.30″ N 072°37′36.53″ W (NAD 83).
Fireworks Displays
3
Sebonack Golf Club Fireworks ...........................................................
4
Bohlsen Wedding Fireworks ...............................................................
• Location: All waters of Great Peconic Bay within 1000 feet of the
fireworks barge located 3⁄4 of a mile northwest of Bullhead Bay,
Shinnecock, NY in approximate position 40°55′11.79″ N,
072°28′04.34″ W (NAD 83).
• Location: All waters of Great South Bay within 600 feet of the fireworks barge located near the entrance to Champlin Creek, East Islip,
NY in approximate position 40°42′28.91″ N, 073°12′19.57″ W (NAD
83).
Swim Event
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5
Island Beach Two Mile Swim .............................................................
The special local regulation
established for Aquapalooza includes
two measures to reduce the risks to
waterways users of Zach’s Bay before,
during, and after the event. The first
measure restricts vessel movement
within the regulated area to no wake
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• 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°59′23.35″ N 073°36′42.05″ W, then
northwest to 40°59′51.04″ N 073°37′57.32″ W, then southwest to
40°59′45.17″ N 073°38′01.18″ W, then southeast to 40°59′17.38″ N
073°36′45.90″ W, then northeast to the beginning point at
40°59′23.35″ N 073°36′42.05″ W (NAD 83). All positions are approximate.
speed or 6 knots, whichever is slower
on July 27, 2014 from 11:30 a.m. to 8
p.m. The second measure restricts all
vessel movement within the regulated
area to the outbound or northbound
direction on July 27, 2014 from 3 p.m.
to 5:30 p.m.
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The special local regulation
established for the Connecticut River
Raft Race restricts vessel movement
within the regulated area of the
Connecticut River to no wake speed or
6 knots, whichever is slower and also
stipulates that vessels shall not anchor,
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block, loiter, or impede the transit of
event participants or official patrol
vessels in the regulated areas unless
authorized by COTP or designated
representatives. Both measures will be
enforced on August 2, 2014 from 9:30
a.m. to 2:30 p.m.
This rule prevents vessels from
entering, transiting, mooring or
anchoring within areas specifically
designated as safety zones and
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
the event through the Local Notice to
Mariners and Broadcast Notice to
Mariners.
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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: The enforcement of these
regulated areas and safety zones will be
relatively short in duration. Also,
persons or vessels desiring entry into a
regulated area or a deviance from the
stipulations within a regulated area may
be authorized to do so by the COTP
Sector Long Island Sound or designated
representative. Additionally, persons or
vessels desiring to enter a safety zone
may do so with permission from the
COTP Sector Long Island Sound or
designated representative. Furthermore,
these special local regulations and
safety zones are designed in a way to
limit impacts on vessel traffic,
permitting vessels to navigate in other
portions of the waterways not
designated as a regulated area or as a
safety zone. Finally, to increase public
awareness of these special local
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regulations and safety zones, the Coast
Guard will notify the public of the
enforcement of this rule via appropriate
means, such as via Local Notice to
Mariners and Broadcast Notice to
Mariners.
4. Collection of Information
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 or a safety zone during
the periods of enforcement from July 27,
2014 to August 17, 2014. However, this
temporary final rule will not have a
significant economic impact on a
substantial number of small entities for
the same reasons discussed in the
REGULATORY PLANNING AND
REVIEW section.
46999
5. Federalism
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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 an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this rule under
Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
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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 and safety zones. This rule
is categorically excluded from further
review under paragraph 34(g) and (h) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 100 and 165 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T01–0446 to read as
follows:
■
§ 100.35T01–0446 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 § 100.35T01–0446.
(b) Enforcement Period. This rule will
be enforced on the dates and times
listed for each event in Table to
§ 100.35T01–0446.
(c) Definitions. The following
definitions apply to this section:
(1) Designated Representative. A
‘‘designated representative’’ is any
commissioned, warrant or petty officer
of the U.S. Coast Guard who has been
designated by the Captain of the Port
(COTP), Sector Long Island Sound, to
act on his or her behalf. The designated
representative may be on an official
patrol vessel or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. While
members of the Coast Guard Auxiliary
will not serve as the designated
representative, they may be present to
inform vessel operators of this
regulation.
(2) Official Patrol Vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
(d) Vessel operators desiring to enter
or operate within the regulated areas
shall contact the COTP at 203–468–4401
(Sector Long Island Sound command
center) or the designated representative
via VHF channel 16.
(e) Vessels may not transit the
regulated areas without the COTP or
designated representative approval.
Vessels permitted to transit must
operate at a no wake speed or 6 knots,
whichever is slower, and operate in a
manner which will not endanger event
participants or other crafts in the event.
(f) The COTP or designated
representative may control the
movement of all vessels in the regulated
area. When hailed or signaled by an
official patrol vessel, a vessel shall come
to an immediate stop and comply with
the lawful directions issued. Failure to
comply with a lawful direction may
result in expulsion from the area,
citation for failure to comply, or both.
(g) The COTP or designated
representative may delay or terminate
any marine event in this section at any
time it is deemed necessary to ensure
the safety of life or property.
(h) The additional stipulations listed
in TABLE to § 100.35T01–0446 also
apply for the event in which they are
listed.
TABLE TO § 100.35T01–0446
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1
Aquapalooza, Zach’s Bay, Wantagh, NY ...........................................
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•
•
•
•
Event type: Regatta.
Date: July 27, 2014.
Time: 11:30 a.m. to 8 p.m.
Location: 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°36′29.20″ N, 073°29′22.88″ W and a point near the
eastern entrance of Zach’s Bay in approximate position 40°36′16.53″
N, 073°28′57.26″ W.
• Additional stipulations: On July 27, 2014 from 11:30 a.m. to 8 p.m.
vessel speed in the regulated area is restricted to no wake speed or
6 knots, whichever is slower. On July 27, 2014 from 3 p.m. to 5:30
p.m. vessels may only transit the regulated area in the northbound
direction or outbound direction.
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47001
TABLE TO § 100.35T01–0446—Continued
2
Connecticut River Raft Race, Middletown, CT ...................................
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
3. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; and
Department of Homeland Security Delegation
No. 0170.1
4. Add § 165.T01–0446 to read as
follows:
■
§ 165.T01–0446 Safety Zones; Fireworks
Displays and Swim Event in Captain of the
Port Long Island Sound Zone.
(a) Regulations. The general
regulations contained in 33 CFR 165.23
as well as the following regulations
apply to the events listed in the
TABLES 1 and 2 of § 165.T01–0446.
(b) Enforcement Period. This rule will
be enforced on the dates and times
listed for each event in TABLES 1 and
2 of § 165.T01–0446. If the event is
delayed by inclement weather, the
safety zone will be enforced on the rain
•
•
•
•
Event type: Boat Race.
Date: August 2, 2014.
Time: 9:30 a.m. to 2:30 p.m.
Location: All waters of the Connecticut River near Middletown, CT
between Gildersleeve Island (Marker no. 99) 41°36′02.13″ N
072° 37′22.71″ W and Portland Riverside Marina (Marker no. 88)
41°33′38.30″ N 072°37′36.53″ W (NAD 83).
• Additional Stipulations: Vessels shall not anchor, block, loiter, or impede the transit of event participants or official patrol vessels in the
regulated areas unless authorized by COTP or designated representative.
date indicated in TABLES 1 and 2 of
§ 165.T01–0446.
(c) Definitions. The following
definitions apply to this section:
(1) Designated Representative. A
‘‘designated representative’’ is any
commissioned, warrant or petty officer
of the U.S. Coast Guard who has been
designated by the Captain of the Port
(COTP), Sector Long Island Sound, to
act on his or her behalf. The designated
representative may be on an official
patrol vessel or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. While
members of the Coast Guard Auxiliary
will not serve as the designated
representative, they may be present to
inform vessel operators of this
regulation.
(2) Official Patrol Vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
(d) Vessels desiring to enter or operate
within a safety zone should contact the
COTP or the designated representative
via VHF channel 16 or by telephone at
(203) 468–4401 to obtain permission to
do so. Vessels given permission to enter
or operate in a safety zone must comply
with all directions given to them by the
COTP Sector Long Island Sound or the
designated on-scene representative.
(e) Upon being hailed by an official
patrol vessel or the designated
representative, by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed. Failure
to comply with a lawful direction may
result in expulsion from the area,
citation for failure to comply, or both.
(f) Fireworks barges used in these
locations will also have a sign on their
port and starboard side labeled
‘‘FIREWORKS—STAY AWAY.’’ This
sign will consist of 10 inch high by 1.5
inch wide red lettering on a white
background.
(g) For the swim event listed in
TABLE 2 to § 165.T01–446, vessels not
associated with the event shall maintain
a separation of at least 100 yards from
the participants.
TABLE 1 TO § 165.T01–0446
Fireworks Events
Sebonack Golf Club Fireworks ...........................................................
•
•
•
•
2
pmangrum on DSK3VPTVN1PROD with RULES
1
Bohlsen Wedding Fireworks ...............................................................
•
•
•
•
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Date: August 1, 2014.
Rain Date: August 8, 2014.
Time: 9 p.m. to 10:30 p.m.
Location: All waters of Great Peconic Bay within 1000 feet of the
fireworks barge located 3⁄4 of a mile northwest of Bullhead Bay,
Shinnecock, NY in approximate position 40°55′11.79″ N,
072°28′04.34″ W (NAD 83).
Date: August 16, 2014.
Rain Date: August 17, 2014.
Time: 8:45 p.m. to 10:45 p.m.
Location: All waters of Great South Bay within 600 feet of the fireworks barge located near the entrance to Champlin Creek, East Islip,
NY in approximate position 40°42′28.91″ N, 073°12′19.57″ W (NAD
83).
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Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations
TABLE 2 TO § 165.T01–0446
Swim Events
1
Island Beach Two Mile Swim .............................................................
Dated: July 25, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
email Mr. Gene Stratton, Coast Guard;
telephone 305–415–6744, email
allen.e.stratton@uscg.mil. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
[FR Doc. 2014–19054 Filed 8–11–14; 8:45 am]
BILLING CODE 9110–04–P
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF HOMELAND
SECURITY
A. Regulatory History and Information
Coast Guard
33 CFR Part 117
[Docket No. USCG–2014–0437]
RIN 1625–AA09
Drawbridge Operation Regulation; Gulf
Intracoastal Waterway, St. Petersburg
Beach, FL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is removing
the existing drawbridge operation
regulation for the Pinellas Bayway
Structure ‘‘C’’ Bridge across the Gulf
Intracoastal Waterway mile 114, St
Petersburg Beach, Florida. The
drawbridge was replaced with a fixed
bridge in 2014 and the operating
regulation is no longer applicable or
necessary.
SUMMARY:
DATES:
This rule is effective August 12,
2014.
The docket for this final
rule, [USCG–2014–0437] is available at
https://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 final rule. You may also visit
the Docket Management Facility in
Room W12–140 on the ground floor of
the Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
pmangrum on DSK3VPTVN1PROD with RULES
ADDRESSES:
VerDate Mar<15>2010
15:41 Aug 11, 2014
Jkt 232001
• Date: August 9, 2014.
• Time: 8 a.m. until 11 a.m.
• 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°59′23.35″ N 073°36′42.05″ W, then northwest to 40°59′51.04″ N
073°37′57.32″ W, then southwest to 40°59′45.17″ N 073°38′01.18″
W, then southeast to 40°59′17.38″ N 073°36′45.90″ W, then northeast to the beginning point at 40°59′23.35″ N 073°36′42.05″ W (NAD
83). All positions are approximate.
The Coast Guard is issuing this 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), the Coast Guard finds that good
cause exists for not publishing a notice
of proposed rulemaking (NPRM) with
respect to this rule because the Pinellas
Bayway Structure ‘‘C’’ Bridge, that once
required draw operations in 33 CFR
117.287(e), was removed from Gulf
Intracoastal Waterway mile 114.0 and
replaced with a fixed bridge in 2014.
Therefore, the regulation is no longer
applicable and shall be removed from
publication. It is unnecessary to publish
an NPRM because this regulatory action
does not purport to place any
restrictions on mariners but rather
removes a restriction that has no further
use or value.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective in less than 30
days after publication in the Federal
Register. The bridge has been a fixed
bridge for 1 year and this rule merely
requires an administrative change, in
order to omit a regulatory requirement
that is no longer applicable or
necessary. The modification has already
taken place and the removal of the
regulation will not affect mariners
currently operating on this waterway.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
Therefore, a delayed effective date is
unnecessary.
B. Basis and Purpose
The Pinellas Bayway Structure ‘‘C’’
Bridge across the Gulf Intracoastal
Waterway mile 114.0 was removed and
replaced with a fixed bridge in 2014. It
has come to the attention of the Coast
Guard that the governing regulation for
this drawbridge was never removed
subsequent to the completion of the
fixed bridge that replaced it. The
elimination of this drawbridge
necessitates the removal of the
drawbridge operation regulation, 33
CFR 117.287(e), that pertains to the
former drawbridge.
The purpose of this rule is to remove
paragraph (e) of 33 CFR 117.287 that
refers to the Pinellas Bayway Structure
‘‘C’’ Bridge at mile 114.0, from the Code
of Federal Regulations since it governs
a bridge that is no longer able to be
opened.
C. Discussion of Rule
The Coast Guard is changing the
regulation in 33 CFR 117.287(e) by
removing restrictions and the regulatory
burden related to the draw operations
for this bridge that is no longer in
existence [is no longer a drawbridge].
The change removes the paragraph (e) of
the regulation governing the Pinellas
Bayway Structure ‘‘C’’ Bridge since the
bridge has been replaced with a fixed
bridge and the old bascule bridge was
removed from the waterway. This Final
Rule seeks to update the Code of Federal
Regulations by removing language that
governs the operation of the Pinellas
Bayway Structure ‘‘C’’ Bridge, which no
longer operates as a drawbridge. This
change does not affect waterway or land
traffic. This change does not affect nor
does it alter the operating schedules in
33 CFR 117.287 that govern the
remaining active drawbridges on the
Gulf Intracoastal Waterway.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
E:\FR\FM\12AUR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Rules and Regulations]
[Pages 46997-47002]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19054]
[[Page 46997]]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket Number USCG-2014-0446]
RIN 1625-AA08; 1625-AA00
Special Local Regulations and Safety Zones; Marine Events in
Captain of the Port Long Island Sound Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two special local regulations
for two separate marine events and establishing three safety zones for
two fireworks displays and one swim event within the Captain of the
Port (COTP) Long Island Sound (LIS) Zone. This temporary final rule is
necessary to provide for the safety of life on navigable waters during
these events. Entry into, transit through, mooring or anchoring within
these regulated areas and safety zones is prohibited unless authorized
by COTP Sector Long Island Sound.
DATES: This rule is effective without actual notice from August 12,
2014 until 10:45 p.m. on August 17, 2014. For the purposes of
enforcement, actual notice will be used from the date the rule was
signed, July 25, 2014 until August 12, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0446]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Scott Baumgartner, Prevention Department,
Coast Guard Sector Long Island Sound, (203) 468-4559,
Scott.A.Baumgartner@uscg.mil. 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 two special local regulations for two
regattas and three safety zones for two fireworks displays and one swim
event. Each event and its corresponding regulatory history is discussed
below.
The Aquapalooza is a recurring marine event but with no regulatory
history.
The Connecticut River Raft Race is also a recurring marine event
but with a regulatory history. Specifically, the Coast Guard
established a special local regulation in 2012 for this event via a
final rule entitled, ``Safety Zones & Special local Regulations;
Recurring Marine Events in Captain of the Port Long Island Sound
Zone.'' This rulemaking was published on May 24, 2013 in the Federal
Register (78 FR 31402). In 2013, the special local regulation for the
Connecticut River Raft Race was modified by a temporary final rule
issued by the Coast Guard entitled, ``Special Local Regulations and
Safety Zones; Marine Events in Captain of the Port Long Island Sound
Zone.'' This rulemaking was published on July 10, 2013 in the Federal
Register (78 FR 41300).
The Sebonack Golf Club Fireworks Display is a new event with no
regulatory history. The Sebonack Golf Club has helped sponsor a similar
recurring event that was held in the same location on July 6, 2013 and
known as National Golf Links Fireworks. A safety zone was established
in 2012 for the National Golf Links Fireworks event via a final rule
entitled, ``Safety Zones & Special local Regulations; Recurring Marine
Events in Captain of the Port Long Island Sound Zone.'' This rulemaking
was published on May 24, 2013 in the Federal Register (78 FR 31402).
Island Beach Two Mile Swim is a recurring event with some
regulatory history. Specifically, the Coast Guard established a safety
zone around this event on August 3, 2013 via a temporary final rule not
published in the Federal Register entitled, ``Safety Zone, Island Beach
Two Mile Swim, Captain Harbor, Greenwich, CT.''
The Bohlsen Wedding Fireworks Display 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 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
a NPRM and solicit comments from the public before these events take
place. Thus, waiting for a comment period to run would inhibit the
Coast Guard's ability to fulfill its mission to keep the ports and
waterways safe.
Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the
preceding paragraph, the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register.
B. Basis and Purpose
The legal basis for this temporary rule is 33 U.S.C. 1231, 1233; 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6 and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1 which collectively authorize
the Coast Guard to define regulatory special local regulations and
safety zones.
As discussed in the Regulatory History and Information section, two
regattas, two fireworks displays, and one swim event will take place in
the COTP Long Island Sound Zone between July 27, 2014 and August 17,
2014. The COTP Long Island Sound has determined that the two special
local regulations and the three safety zones established by this
temporary final rule are necessary to provide for the safety of life on
navigable waterways during those events.
Aquapalooza is a boating event open to the Public that attracts
many people and boats into Zach's Bay near Jones Beach State Park in
Wantagh, NY for an afternoon of music and entertainment. The event
sponsor expects to have 500 participants, including swimmers and
boaters, and 150 boats attend the event. The large number of boats
operating in close proximity to each other and to a swim area,
operating at dangerous speeds for the conditions and the large number
of vessels departing Zach's Bay at the conclusion of the event creates
hazardous conditions in the form of potentially dangerous boat
operations
[[Page 46998]]
within heavily congested waters. These conditions are especially
hazardous for any vessels attempting to navigate in the southbound
direction and against the flow of the main vessel traffic at the
conclusion of the event. The Coast Guard determined that a special
local regulation that restricts vessel speed and the flow of vessel
traffic will improve the safety of waterway users.
The Connecticut River Raft Race involves many participants
operating human-powered and/or sail-powered vessels of their own design
and construction along a stretch of the Connecticut River near
Middletown, CT. The start and finish points of the race have been
changed to locations within the same general area but with improved
access to the Connecticut River creating safer entry and exit
conditions for event participants and support personnel. Due to the
hazards facing these participants, including the unknown and/or
untested seaworthiness of their vessels and potential limitations to
vessel navigation and/or maneuverability, the Coast Guard determined
that a special local regulation that restricts vessel speed and
operation is needed to protect participants, spectators and other
waterway users during the event.
The Sebonack Golf Club fireworks display and the Bohlsen Wedding
fireworks display are expected to attract large numbers of spectator
vessels that will congregate around the locations of these events. The
Coast Guard determined that safety zones are required for each of these
fireworks displays to protect both spectators and participants from the
hazards created by them, including unexpected pyrotechnics detonation
and burning debris.
Island Beach Two Mile Swim is a swim event that is held in Captain
Harbor near Greenwich, CT. Approximately 80 participants will swim an
out and back, two mile course that starts on Little Captain Island,
then continues roughly northwest for 1 mile towards Bower's Island and
then returns along the same track to Little Captain's Island. The swim
course includes waters routinely transited by commercial and
recreational boat traffic which could present hazards, including
increased risk of collision, to the event participants and safety and
support resources. The Coast Guard has determined that a safety zone is
required to protect the event participants from the hazards associated
with swim events on navigable waters, including potential threats from
commercial and recreational boat traffic. The safety zone would also
improve visibility and maneuverability for the safety vessels and
personnel supporting the event.
C. Discussion of the Final Rule
This rule establishes two special local regulations for two
separate regattas and three safety zones for two fireworks display and
one swim event. The location of these special regulated areas and
safety zones are as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Regattas
------------------------------------------------------------------------
1 Aquapalooza.......................... Location: 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 Connecticut River Raft Race.......... Location: All waters
of the Connecticut River
Middletown, CT between
Gildersleeve Island (Marker
no. 99) 41[deg]36'02.13'' N
072[deg]37'22.71'' W and
Portland Riverside Marina
(Marker no. 88)
41[deg]33'38.30'' N
072[deg]37'36.53'' W (NAD 83).
------------------------------------------------------------------------
Fireworks Displays
------------------------------------------------------------------------
3 Sebonack Golf Club Fireworks......... Location: All waters
of Great Peconic Bay within
1000 feet of the fireworks
barge located \3/4\ of a mile
northwest of Bullhead Bay,
Shinnecock, NY in approximate
position 40[deg]55'11.79'' N,
072[deg]28'04.34'' W (NAD 83).
4 Bohlsen Wedding Fireworks............ Location: All waters
of Great South Bay within 600
feet of the fireworks barge
located near the entrance to
Champlin Creek, East Islip, NY
in approximate position
40[deg]42'28.91'' N,
073[deg]12'19.57'' W (NAD 83).
------------------------------------------------------------------------
Swim Event
------------------------------------------------------------------------
5 Island Beach Two Mile Swim........... 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).
All positions are approximate.
------------------------------------------------------------------------
The special local regulation established for Aquapalooza includes
two measures to reduce the risks to waterways users of Zach's Bay
before, during, and after the event. The first measure restricts vessel
movement within the regulated area to no wake speed or 6 knots,
whichever is slower on July 27, 2014 from 11:30 a.m. to 8 p.m. The
second measure restricts all vessel movement within the regulated area
to the outbound or northbound direction on July 27, 2014 from 3 p.m. to
5:30 p.m.
The special local regulation established for the Connecticut River
Raft Race restricts vessel movement within the regulated area of the
Connecticut River to no wake speed or 6 knots, whichever is slower and
also stipulates that vessels shall not anchor,
[[Page 46999]]
block, loiter, or impede the transit of event participants or official
patrol vessels in the regulated areas unless authorized by COTP or
designated representatives. Both measures will be enforced on August 2,
2014 from 9:30 a.m. to 2:30 p.m.
This rule prevents vessels from entering, transiting, mooring or
anchoring within areas specifically designated as safety zones and
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 the event through the Local Notice to Mariners and Broadcast
Notice to Mariners.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 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: The
enforcement of these regulated areas and safety zones will be
relatively short in duration. Also, persons or vessels desiring entry
into a regulated area or a deviance from the stipulations within a
regulated area may be authorized to do so by the COTP Sector Long
Island Sound or designated representative. Additionally, persons or
vessels desiring to enter a safety zone may do so with permission from
the COTP Sector Long Island Sound or designated representative.
Furthermore, these special local regulations and safety zones are
designed in a way to limit impacts on vessel traffic, permitting
vessels to navigate in other portions of the waterways not designated
as a regulated area or as a safety zone. Finally, to increase public
awareness of these special local regulations and safety zones, the
Coast Guard will notify the public of the enforcement of this rule via
appropriate means, such as via Local Notice to Mariners and Broadcast
Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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 or
a safety zone during the periods of enforcement from July 27, 2014 to
August 17, 2014. However, this temporary final rule will not have a
significant economic impact on a substantial number of small entities
for the same reasons discussed in the REGULATORY PLANNING AND REVIEW
section.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this rule under Executive Order 13045, Protection
of Children From Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to
[[Page 47000]]
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 and safety zones. This rule is categorically excluded from
further review under paragraph 34(g) and (h) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.35T01-0446 to read as follows:
Sec. 100.35T01-0446 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. 100.35T01-0446.
(b) Enforcement Period. This rule will be enforced on the dates and
times listed for each event in Table to Sec. 100.35T01-0446.
(c) Definitions. The following definitions apply to this section:
(1) Designated Representative. A ``designated representative'' is
any commissioned, warrant or petty officer of the U.S. Coast Guard who
has been designated by the Captain of the Port (COTP), Sector Long
Island Sound, to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. While
members of the Coast Guard Auxiliary will not serve as the designated
representative, they may be present to inform vessel operators of this
regulation.
(2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
(d) Vessel operators desiring to enter or operate within the
regulated areas shall contact the COTP at 203-468-4401 (Sector Long
Island Sound command center) or the designated representative via VHF
channel 16.
(e) Vessels may not transit the regulated areas without the COTP or
designated representative approval. Vessels permitted to transit must
operate at a no wake speed or 6 knots, whichever is slower, and operate
in a manner which will not endanger event participants or other crafts
in the event.
(f) The COTP or designated representative may control the movement
of all vessels in the regulated area. When hailed or signaled by an
official patrol vessel, a vessel shall come to an immediate stop and
comply with the lawful directions issued. Failure to comply with a
lawful direction may result in expulsion from the area, citation for
failure to comply, or both.
(g) The COTP or designated representative may delay or terminate
any marine event in this section at any time it is deemed necessary to
ensure the safety of life or property.
(h) The additional stipulations listed in TABLE to Sec. 100.35T01-
0446 also apply for the event in which they are listed.
Table to Sec. 100.35T01-0446
------------------------------------------------------------------------
Country Chart (See Supp. No. 1
Control(s) to part 738)
------------------------------------------------------------------------
1 Aquapalooza, Zach's Bay, Wantagh, NY. Event type: Regatta.
Date: July 27, 2014.
Time: 11:30 a.m. to 8
p.m.
Location: 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.
Additional
stipulations: On July 27, 2014
from 11:30 a.m. to 8 p.m.
vessel speed in the regulated
area is restricted to no wake
speed or 6 knots, whichever is
slower. On July 27, 2014 from
3 p.m. to 5:30 p.m. vessels
may only transit the regulated
area in the northbound
direction or outbound
direction.
[[Page 47001]]
2 Connecticut River Raft Race, Event type: Boat Race.
Middletown, CT. Date: August 2, 2014.
Time: 9:30 a.m. to
2:30 p.m.
Location: All waters
of the Connecticut River near
Middletown, CT between
Gildersleeve Island (Marker
no. 99) 41[deg]36'02.13'' N
072[deg] 37'22.71'' W and
Portland Riverside Marina
(Marker no. 88)
41[deg]33'38.30'' N
072[deg]37'36.53'' W (NAD 83).
Additional
Stipulations: Vessels shall
not anchor, block, loiter, or
impede the transit of event
participants or official
patrol vessels in the
regulated areas unless
authorized by COTP or
designated representative.
------------------------------------------------------------------------
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; and Department of Homeland Security
Delegation No. 0170.1
0
4. Add Sec. 165.T01-0446 to read as follows:
Sec. 165.T01-0446 Safety Zones; Fireworks Displays and Swim Event in
Captain of the Port Long Island Sound Zone.
(a) Regulations. The general regulations contained in 33 CFR 165.23
as well as the following regulations apply to the events listed in the
TABLES 1 and 2 of Sec. 165.T01-0446.
(b) Enforcement Period. This rule will be enforced on the dates and
times listed for each event in TABLES 1 and 2 of Sec. 165.T01-0446. If
the event is delayed by inclement weather, the safety zone will be
enforced on the rain date indicated in TABLES 1 and 2 of Sec. 165.T01-
0446.
(c) Definitions. The following definitions apply to this section:
(1) Designated Representative. A ``designated representative'' is
any commissioned, warrant or petty officer of the U.S. Coast Guard who
has been designated by the Captain of the Port (COTP), Sector Long
Island Sound, to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. While
members of the Coast Guard Auxiliary will not serve as the designated
representative, they may be present to inform vessel operators of this
regulation.
(2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
(d) Vessels desiring to enter or operate within a safety zone
should contact the COTP or the designated representative via VHF
channel 16 or by telephone at (203) 468-4401 to obtain permission to do
so. Vessels given permission to enter or operate in a safety zone must
comply with all directions given to them by the COTP Sector Long Island
Sound or the designated on-scene representative.
(e) Upon being hailed by an official patrol vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
(f) Fireworks barges used in these locations will also have a sign
on their port and starboard side labeled ``FIREWORKS--STAY AWAY.'' This
sign will consist of 10 inch high by 1.5 inch wide red lettering on a
white background.
(g) For the swim event listed in TABLE 2 to Sec. 165.T01-446,
vessels not associated with the event shall maintain a separation of at
least 100 yards from the participants.
Table 1 to Sec. 165.T01-0446
------------------------------------------------------------------------
------------------------------------------------------------------------
Fireworks Events
------------------------------------------------------------------------
1 Sebonack Golf Club Fireworks......... Date: August 1, 2014.
Rain Date: August 8,
2014.
Time: 9 p.m. to 10:30
p.m.
Location: All waters
of Great Peconic Bay within
1000 feet of the fireworks
barge located \3/4\ of a mile
northwest of Bullhead Bay,
Shinnecock, NY in approximate
position 40[deg]55'11.79'' N,
072[deg]28'04.34'' W (NAD 83).
2 Bohlsen Wedding Fireworks............ Date: August 16, 2014.
Rain Date: August 17,
2014.
Time: 8:45 p.m. to
10:45 p.m.
Location: All waters
of Great South Bay within 600
feet of the fireworks barge
located near the entrance to
Champlin Creek, East Islip, NY
in approximate position
40[deg]42'28.91'' N,
073[deg]12'19.57'' W (NAD 83).
------------------------------------------------------------------------
[[Page 47002]]
Table 2 to Sec. 165.T01-0446
------------------------------------------------------------------------
------------------------------------------------------------------------
Swim Events
------------------------------------------------------------------------
1 Island Beach Two Mile Swim........... Date: August 9, 2014.
Time: 8 a.m. until 11
a.m.
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).
All positions are approximate.
------------------------------------------------------------------------
Dated: July 25, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2014-19054 Filed 8-11-14; 8:45 am]
BILLING CODE 9110-04-P
