Special Local Regulation, Swim Across the Sound, Long Island Sound, Port Jefferson, NY to Captain's Cove Seaport, Bridgeport, CT, 35834-35837 [E9-17244]
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Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Proposed Rules
hsrobinson on PROD1PC76 with PROPOSALS-1
forth in SAR regulations for other
industries.
In addition to any proposed SAR
reporting regulations for non-bank
residential mortgage lenders or
originators, FinCEN also may propose to
require these businesses to file currency
transaction reports (rather than Form
8300) or retain certain records,
including those related to large
transmittals of funds.19 These changes
could be accomplished through
amendments to the definitions
regulation, 31 CFR 103.11 (specifically,
to the definition of ‘‘financial
institution’’), and the exemptions
regulation, 31 CFR 103.170 (specifically,
to the temporary exemption from the
AML program requirement); or they
could be accomplished by issuing new
regulations. FinCEN also recognizes that
persons engaged in residential mortgage
lending or origination may already have
programs and practices in place to meet
existing legal obligations or protect the
business from fraud and other illegal
activities. FinCEN requests comment on
any aspect of possible new regulatory
requirements, including any factors
FinCEN should consider in structuring
new requirements, exceptions, and
differences from established regulations.
Useful information would include any
available estimates of volumes of
transactions that might be subject to
particular reporting or recordkeeping
requirements.
6. Should Any Persons or Transactions
Be Exempted From Coverage of AML or
SAR Regulations?
FinCEN also solicits comment
regarding whether there should be
regulatory exemptions for any category
of persons engaged in non-bank
residential mortgage lending or
origination, or any category of
transactions conducted by such persons.
Comments regarding possible
exemptions should be designed to
enable FinCEN to evaluate whether the
risk of money laundering through a
category of persons or transactions is
sufficiently small that a proposed rule
could be crafted that would exempt the
categories, while also providing
adequate protection for the industry
from the risks of money laundering. The
question of exemption is specifically
directed to professionals and those
persons who are primarily engaged in a
business related to residential mortgage
lending or origination.
III. Conclusion
With this ANPRM, FinCEN is seeking
input on how FinCEN should
19 See
31 CFR 103.22, 103.30 and 103.33.
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17:06 Jul 20, 2009
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implement the requirements of the BSA
with respect to non-bank residential
mortgage lenders and originators. We
also seek input on: (1) Estimates and
financial projections on the likely costs
of complying with AML program and
SAR reporting regulations by specific
types of non-bank residential mortgage
lenders and originators; (2) the impact
of any such regulatory requirements on
industry profitability, growth and
business practices; (3) the impact of
these requirements on consumers
seeking to obtain residential mortgages;
(4) the effectiveness of examining for
and enforcing compliance with these
requirements; and (5) the advisability of
establishing some minimum transaction
threshold value or annual volume
threshold below which some or all of
these requirements would not apply. We
also solicit comment on the impact to
law enforcement and regulatory
agencies. FinCEN welcomes comments
on all aspects of the ANPRM, and we
encourage all interested parties to
provide their views.
IV. Executive Order 12866
This advance notice of proposed
rulemaking is not a significant
regulatory action under Executive Order
12866. Therefore, a Regulatory
Assessment is not required.
William F. Baity,
Acting Director, Financial Crimes
Enforcement Network.
[FR Doc. E9–17117 Filed 7–20–09; 8:45 am]
BILLING CODE 4810–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2009–0395]
RIN 1625–AA08
Special Local Regulation, Swim Across
the Sound, Long Island Sound, Port
Jefferson, NY to Captain’s Cove
Seaport, Bridgeport, CT
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish a permanent special local
regulation on the navigable waters of
Long Island Sound between Port
Jefferson, NY and Captain’s Cove
Seaport, Bridgeport, CT for the annual
Swim Across the Sound event. This
special local regulation is necessary to
provide for the swimmers’ safety on the
navigable waters of Long Island Sound.
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Under this proposed regulation, persons
and vessels are prohibited from entering
the regulated area during this annual
event unless entry is authorized by the
Captain of the Port Long Island Sound
or by designated on-scene patrol
personnel.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 20, 2009.
ADDRESSES: You may submit comments
identified by docket number USCG–
2009–0395 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail: Chief Petty Officer
Christie Dixon, Prevention Department,
USCG Sector Long Island Sound at
203–468–4459, e-mail
christie.m.dixon@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–0395),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
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Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Proposed Rules
material online (via https://
www.regulations.gov) or by fax, mail, or
hand deliver, but please use only one of
these means. If you submit a comment
online via https://www.regulations.gov, it
will be considered received by the Coast
Guard when you successfully transmit
the comment. If you fax, hand deliver,
or mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert ‘‘USCG–
2009–0395’’ in the Docket ID box, press
Enter, and then click on the balloon
shape in the Actions column. If you
submit your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit comments by mail
and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert USCG–
2009–0395 in the Docket ID box, press
Enter, and then click on the item in the
Docket ID column. 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. We have an
agreement with the Department of
Transportation to use the Docket
Management Facility.
hsrobinson on PROD1PC76 with PROPOSALS-1
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
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17:55 Jul 20, 2009
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in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background and Purpose
The Swim Across the Sound has been
successfully held for over twenty years
on the waters of Long Island Sound
between Port Jefferson, NY and
Bridgeport, CT. This 25 KM swim has
historically involved over 200
swimmers and accompanying safety
craft. The swim course is located
directly northwest of Port Jefferson, NY
and extends to Captain’s Cove Seaport,
Bridgeport, CT. Currently there is no
regulation in place to protect the
swimmers or safety craft from the
hazards imposed by passing water
traffic and other water related activities.
To ensure the continued safety of the
swimmers, safety craft and the boating
public, the Coast Guard is proposing to
establish a special local regulation that
would prohibit unauthorized persons
and vessel traffic from approaching
within 100 yards of the swim
participants as they proceed along the
race course. This action is intended to
increase the safety of the swimmers, the
swimmer’s safety craft and the boating
community from the hazards posed by
vessels operating near persons
participating in this open water swim.
Discussion of Proposed Rule
The Coast Guard proposes to establish
a permanent special local regulation on
the navigable waters of Long Island
Sound to exclude all unauthorized
persons and vessels from approaching
within 100 yards away from any
swimmer and/or the planned race
course. The regulated area is bounded
by the following approximate points:
Starting Point of Port Jefferson Beach
40°58′11.71″ N, 073°05′51.12″ W, north
westerly to the finishing point at
Captain′s Cove Seaport at approximate
position 41°09′25.07″ N, 073°12′47.82″
W. The duration of the event, and thus
the enforcement period of the special
local regulation, is generally from 8:30
a.m. to 7:30 p.m. on the day of the race.
While the special local regulation will
be permanent, it will only be enforced
for approximately 11 hours on the day
of the race normally held on a single
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day in August. Marine traffic that may
safely do so may transit outside of the
area during the enforcement period,
allowing navigation in all other portions
of Long Island Sound not covered by
this rule. Within the regulated area,
approaching within 100 yards of any
swimmer would be prohibited unless
authorized by the Captain of the Port
Long Island Sound or designated onscene patrol personnel. Notification of
the race date and subsequent
enforcement of the special local
regulation will be made via marine
broadcasts and broadcast notice to
mariners. This rule would be effective
annually on a date in August to be
specified in the Federal Register. Any
violation of the special local regulation
described herein is punishable by,
among others, civil and criminal
penalties, in rem liability against the
offending vessel, and license sanctions.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. This regulation may have
some impact on the public, but any
potential impact would be minimized
for the following reason: Vessels may
transit in all areas of Long Island Sound,
other than within 100 yards of event
participants within the regulated area;
thus vessel traffic would be allowed to
pass through the regulated area during
the event as long as they remained
outside 100 yards of any swimmer.
Further, vessels would only have
minimal increased transit time and the
special local regulation will only be
enforced for approximately 11 hours on
a single specified day each August,
made publicly known in advance of the
scheduled event.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
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Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Proposed Rules
substantial number of small entities.
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 that under
5 U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed rule may affect
the following entities, some of which
may be small entities: The owners or
operators of vessels intending to transit
in those portions of Long Island Sound
covered by the special local regulation.
Before the activation of the zone, we
would issue maritime advisories in
advance of the event and make them
widely available to users of the
waterway. For the reasons outlined in
the Regulatory Evaluation section above,
this rule will not have a significant
impact on a substantial number of small
entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
hsrobinson on PROD1PC76 with PROPOSALS-1
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
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: MSTC
Christie Dixon, Prevention Department,
USCG Sector Long Island Sound at 203–
468–4459, christie.m.dixon@uscg.mil.
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.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
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would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
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 or more in any one year.
Though this proposed rule would not
result in such expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
This proposed 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.
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Protection of Children
Environment
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves the promulgation of special
local regulations in conjunction with a
permitted marine event and falls under
the category of actions under paragraph
34(h) of the instruction for which
further environmental analysis is not
normally required. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
Taking of Private Property
This proposed rule would not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
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Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Proposed Rules
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 proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
(d) Enforcement Period. This rule is
enforced annually on a date in August.
Notification of the specific date and
enforcement of the special local
regulation will be made via Notice in
the Federal Register, marine broadcasts
and local Notice to Mariners.
Regulatory History, 74 FR 31386 (July
1, 2009).
On July 7, 2009, the Postal Service
filed a petition to initiate an informal
rulemaking proceeding to consider a
change in the analytical methods
approved for use in periodic reporting.1
The Petition explains that the Postal
Service’s current practice is to combine
data from two sources to fashion
Revenue, Pieces, and Weight (RPW)
estimates for the various categories of
bulk mail. It combines census data
recorded by its PostalOne! system
(which reflects automated office
activity) with data found on postage
statements that are taken from a
probability sample of non-automated
offices. It notes that the sample data
taken from non-automated offices are
becoming less reliable as the pool of
non-automated offices shrinks and the
sample frames for that pool become
increasingly dated. It also notes that the
sampling process is more expensive
than the modeling process that it
proposes.
The Postal Service proposes to
discontinue sampling non-automated
offices when preparing its RPW
estimates. In place of the current nonautomated office sample, it proposes to
take the universe of offices, and stratify
it according to size. It will then impute
the incidence of mail characteristics for
a given product found in automated
offices in a particular size stratum, as
reflected in PostalOne! data, to the
characteristics of products found in
non-automated offices in the same size
stratum. The Postal Service calls this its
‘‘modeling’’ approach. Petition at 1–2.
The Petition, which is available on
the Commission’s Web site, https://
www.prc.gov, includes appendices
purporting to show the results of testing
the accuracy of its modeling approach
in estimating revenue, pieces, and
weight with respect to all market
dominant bulk mail categories. The
Postal Service concludes that the results
are accurate for all categories except for
Within County Periodicals. Even with
respect to Within County Periodicals, it
asserts that the modeled results are
more accurate than the current approach
which employs data gathered from a
sample of non-automated offices. Id. at
2 and Attachment at 2.
The attachment and the appendices to
the Postal Service’s Petition explain its
proposal in more detail, including its
background, objective, rationale, and
estimated impact.
It is ordered:
1. Petition of the United States Postal
Service Requesting Initiation of a
Proceeding to Consider Proposed
Change in Analytic Principles (Proposal
Two), filed July 7, 2009, is granted.
2. The Commission establishes Docket
No. RM2009–7 to consider the matters
raised by the Postal Service’s Petition.
1 Petition of the United States Postal Service
Requesting Initiation of a Proceeding to Consider
Proposed Change in Analytic Principles (Proposal
Two), July 7, 2009 (Petition).
Dated: June 17, 2009.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the
Port Long Island Sound.
[FR Doc. E9–17244 Filed 7–20–09; 8:45 am]
BILLING CODE 4910–15–P
Authority: 33 U.S.C. 1233.
2. Add § 100.125 to read as follows:
hsrobinson on PROD1PC76 with PROPOSALS-1
§ 100.125 Swim Across the Sound, Long
Island Sound, Port Jefferson, NY to
Captain’s Cove Seaport, Bridgeport, CT.
(a) Regulated area. All navigable
waters of Long Island Sound within 100
yards of the swim event race course
consisting of the following points:
Starting Point at Port Jefferson Beach at
approximate position 40°58′11.71″ N,
073°05′51.12″ W, north-westerly to the
finishing point at Captain’s Cove
Seaport at approximate location
41°09′25.07″ N, 073°12′47.82″ W.
(b) Definitions. The following
definition applies to this section:
Designated On-scene Patrol Personnel,
means any commissioned, warrant and
petty officers of the U.S. Coast Guard
operating Coast Guard vessels who have
been authorized to act on the behalf of
the Captain of the Port Long Island
Sound.
(c) Special local regulations. (1) No
person or vessel may approach or
remain within 100 yards of any
swimmer within the regulated area
during the enforcement period of this
regulation unless they are officially
participating in the Swim Across the
Sound event or are otherwise authorized
by the Captain of the Port Long Island
Sound or by Designated On-scene Patrol
Personnel.
(2) All persons and vessels must
comply with the instructions from the
Coast Guard Captain of the Port or the
Designated On-scene Patrol Personnel.
The Designated On-scene Patrol
Personnel may delay, modify, or cancel
the swim event as conditions or
circumstances require.
(3) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel must proceed as directed.
(4) Persons and vessels desiring to
enter the regulated area within 100
yards of a swimmer may request
permission to enter from the designated
on scene patrol personnel by contacting
them on VHF–16 or by a request to the
Captain of the Port Long Island Sound
via phone at (203) 468–4401.
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POSTAL REGULATORY COMMISSION
39 CFR Part 3050
[Docket No. RM2009–7; Order No. 245]
Periodic Reporting Rules
Postal Regulatory Commission.
Proposed rule; availability of
rulemaking petition.
AGENCY:
ACTION:
SUMMARY: Under a new law, the Postal
Service must file an annual compliance
report with the Postal Regulatory
Commission on costs, revenues, rates
and quality of service associated with its
products. This document notes that the
Postal Service has filed a petition for
consideration of a proposed change in
analytical methods approved for use in
periodic reporting. The focus of this
petition (involving an issue referred to
as Proposal Two) is on the Postal
Service’s development of revenue, piece
and weight estimates for bulk mail
categories. The Commission has
established a docket for consideration of
Proposal Two and has addressed
preliminary procedural matters,
including an opportunity for public
comment. Proposal One is under
consideration in a pending docket.
DATES: Deadline for initial comments:
July 29, 2009.
ADDRESSES: File comments
electronically via the Commission’s
Filing Online system.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6829 or
stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Proposed Rules]
[Pages 35834-35837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17244]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2009-0395]
RIN 1625-AA08
Special Local Regulation, Swim Across the Sound, Long Island
Sound, Port Jefferson, NY to Captain's Cove Seaport, Bridgeport, CT
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a permanent special
local regulation on the navigable waters of Long Island Sound between
Port Jefferson, NY and Captain's Cove Seaport, Bridgeport, CT for the
annual Swim Across the Sound event. This special local regulation is
necessary to provide for the swimmers' safety on the navigable waters
of Long Island Sound. Under this proposed regulation, persons and
vessels are prohibited from entering the regulated area during this
annual event unless entry is authorized by the Captain of the Port Long
Island Sound or by designated on-scene patrol personnel.
DATES: Comments and related material must be received by the Coast
Guard on or before August 20, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0395 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail: Chief Petty Officer Christie Dixon, Prevention
Department, USCG Sector Long Island Sound at 203-468-4459, e-mail
christie.m.dixon@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0395), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and
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material online (via https://www.regulations.gov) or by fax, mail, or
hand deliver, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0395'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0395 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. 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. We have an agreement with the Department of
Transportation to use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
The Swim Across the Sound has been successfully held for over
twenty years on the waters of Long Island Sound between Port Jefferson,
NY and Bridgeport, CT. This 25 KM swim has historically involved over
200 swimmers and accompanying safety craft. The swim course is located
directly northwest of Port Jefferson, NY and extends to Captain's Cove
Seaport, Bridgeport, CT. Currently there is no regulation in place to
protect the swimmers or safety craft from the hazards imposed by
passing water traffic and other water related activities.
To ensure the continued safety of the swimmers, safety craft and
the boating public, the Coast Guard is proposing to establish a special
local regulation that would prohibit unauthorized persons and vessel
traffic from approaching within 100 yards of the swim participants as
they proceed along the race course. This action is intended to increase
the safety of the swimmers, the swimmer's safety craft and the boating
community from the hazards posed by vessels operating near persons
participating in this open water swim.
Discussion of Proposed Rule
The Coast Guard proposes to establish a permanent special local
regulation on the navigable waters of Long Island Sound to exclude all
unauthorized persons and vessels from approaching within 100 yards away
from any swimmer and/or the planned race course. The regulated area is
bounded by the following approximate points: Starting Point of Port
Jefferson Beach 40[deg]58'11.71'' N, 073[deg]05'51.12'' W, north
westerly to the finishing point at Captain's Cove Seaport at
approximate position 41[deg]09'25.07'' N, 073[deg]12'47.82'' W. The
duration of the event, and thus the enforcement period of the special
local regulation, is generally from 8:30 a.m. to 7:30 p.m. on the day
of the race.
While the special local regulation will be permanent, it will only
be enforced for approximately 11 hours on the day of the race normally
held on a single day in August. Marine traffic that may safely do so
may transit outside of the area during the enforcement period, allowing
navigation in all other portions of Long Island Sound not covered by
this rule. Within the regulated area, approaching within 100 yards of
any swimmer would be prohibited unless authorized by the Captain of the
Port Long Island Sound or designated on-scene patrol personnel.
Notification of the race date and subsequent enforcement of the special
local regulation will be made via marine broadcasts and broadcast
notice to mariners. This rule would be effective annually on a date in
August to be specified in the Federal Register. Any violation of the
special local regulation described herein is punishable by, among
others, civil and criminal penalties, in rem liability against the
offending vessel, and license sanctions.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This
regulation may have some impact on the public, but any potential impact
would be minimized for the following reason: Vessels may transit in all
areas of Long Island Sound, other than within 100 yards of event
participants within the regulated area; thus vessel traffic would be
allowed to pass through the regulated area during the event as long as
they remained outside 100 yards of any swimmer. Further, vessels would
only have minimal increased transit time and the special local
regulation will only be enforced for approximately 11 hours on a single
specified day each August, made publicly known in advance of the
scheduled event.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a
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substantial number of small entities. 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 that under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. This proposed rule may affect the
following entities, some of which may be small entities: The owners or
operators of vessels intending to transit in those portions of Long
Island Sound covered by the special local regulation. Before the
activation of the zone, we would issue maritime advisories in advance
of the event and make them widely available to users of the waterway.
For the reasons outlined in the Regulatory Evaluation section above,
this rule will not have a significant impact on a substantial number of
small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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: MSTC Christie Dixon, Prevention
Department, USCG Sector Long Island Sound at 203-468-4459,
christie.m.dixon@uscg.mil. 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.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed 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.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the promulgation of special local regulations in
conjunction with a permitted marine event and falls under the category
of actions under paragraph 34(h) of the instruction for which further
environmental analysis is not normally required. We seek any comments
or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
[[Page 35837]]
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 proposes
to amend 33 CFR part 100 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 Sec. 100.125 to read as follows:
Sec. 100.125 Swim Across the Sound, Long Island Sound, Port
Jefferson, NY to Captain's Cove Seaport, Bridgeport, CT.
(a) Regulated area. All navigable waters of Long Island Sound
within 100 yards of the swim event race course consisting of the
following points: Starting Point at Port Jefferson Beach at approximate
position 40[deg]58'11.71'' N, 073[deg]05'51.12'' W, north-westerly to
the finishing point at Captain's Cove Seaport at approximate location
41[deg]09'25.07'' N, 073[deg]12'47.82'' W.
(b) Definitions. The following definition applies to this section:
Designated On-scene Patrol Personnel, means any commissioned, warrant
and petty officers of the U.S. Coast Guard operating Coast Guard
vessels who have been authorized to act on the behalf of the Captain of
the Port Long Island Sound.
(c) Special local regulations. (1) No person or vessel may approach
or remain within 100 yards of any swimmer within the regulated area
during the enforcement period of this regulation unless they are
officially participating in the Swim Across the Sound event or are
otherwise authorized by the Captain of the Port Long Island Sound or by
Designated On-scene Patrol Personnel.
(2) All persons and vessels must comply with the instructions from
the Coast Guard Captain of the Port or the Designated On-scene Patrol
Personnel. The Designated On-scene Patrol Personnel may delay, modify,
or cancel the swim event as conditions or circumstances require.
(3) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
(4) Persons and vessels desiring to enter the regulated area within
100 yards of a swimmer may request permission to enter from the
designated on scene patrol personnel by contacting them on VHF-16 or by
a request to the Captain of the Port Long Island Sound via phone at
(203) 468-4401.
(d) Enforcement Period. This rule is enforced annually on a date in
August. Notification of the specific date and enforcement of the
special local regulation will be made via Notice in the Federal
Register, marine broadcasts and local Notice to Mariners.
Dated: June 17, 2009.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. E9-17244 Filed 7-20-09; 8:45 am]
BILLING CODE 4910-15-P
