Special Local Regulation, Swim Across the Sound, Long Island Sound, Port Jefferson, NY to Captain's Cove Seaport, Bridgeport, CT, 16700-16703 [2010-7429]
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may be exempted from the relevance
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(5) From subsection (e)(4)(I)
(identifying sources of records in the
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appropriate to satisfy a record subject’s
access request.
Dated: March 23, 2010.
John F. Kimmons,
Lieutenant General, USA, Director of the
Intelligence Staff.
[FR Doc. 2010–7503 Filed 4–1–10; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2009–0395]
SUPPLEMENTARY INFORMATION:
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.
Supplemental notice of
proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: This document supplements
the Coast Guard’s July 21, 2009 proposal
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 due to the
annual Swim Across the Sound event.
The proposed amendment is necessary
to provide for the safety of life by
protecting swimmers and their safety
craft from the hazards imposed by
marine traffic. This supplemental notice
of proposed rulemaking describes an
amendment to the list of potential dates
and clarifies the limitations placed on
marine traffic.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 3, 2010.
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,
PO 00000
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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.
Sfmt 4702
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
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, 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 8c 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.
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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).
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Public Meeting
We do not 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 25km 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 marine traffic.
On July 21, 2009 the Coast Guard
published a Notice of Proposed
Rulemaking with request for comments
titled, ‘‘Special Local Regulation, Swim
Across the Sound, Long Island Sound,
Port Jefferson, NY to Captain’s Cove
Seaport, Bridgeport, CT’’ (Docket
number USCG–2009–0395) in the
Federal Register (74 FR 35834). No
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comments or requests for meetings were
received, however, during the final edits
of the Final Rule we realized that the
description of the regulated area was
incorrect and needed clarification, and
that the anticipated dates for the event
should include the last weekend in July.
This supplemental notice of proposed
rulemaking clarifies the proposed
regulation and the proposed dates for
the annual event. The new proposed
regulation creates less of a burden on
vessel traffic by minimizing the
restrictions in the regulated area.
Discussion of Proposed Rule
The Coast Guard proposes to establish
a permanent special local regulation on
the navigable waters of Long Island
Sound that would exclude all
unauthorized persons and vessels from
approaching within 100 yards of any
swimmer or safety craft on the race
course. The race course, hereby referred
to as the regulated area, is bounded by
the following approximate points:
Starting Point of Port Jefferson Beach
40°58′13″ N 073°05′51″ W,
northwesterly to the finishing point at
Captain’s Cove Seaport at approximate
position 41°09′25″ N 073°12′48″ 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.
The special local regulation will only be
enforced for approximately 11 hours on
the day of the race, normally held on a
single Saturday during the last weekend
of July or the first two weekends of
August, depending on the tides.
During the enforcement period of this
regulation no person or vessel may
approach or remain within 100 yards of
any swimmer or safety craft within the
regulated area 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 Designated On-scene Patrol
Personnel. Notification of the race date
and subsequent enforcement of the
special local regulation will be made via
a Notice of Enforcement in the Federal
Register, marine broadcasts and
broadcast notice to mariners. 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.
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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 reasons: Marine traffic
may transit in all areas of Long Island
Sound, other than within 100 yards of
event participants within the regulated
area. Marine traffic passing through the
regulated area would only have minimal
increased transit time and the special
local regulation will only be enforced
for approximately 11 hours on a single
specified Saturday in either July or
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
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
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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: Chief Petty
Officer 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.
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 would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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.
Federalism
Energy Effects
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.
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.
Collection of Information
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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 (adjusted for
inflation) 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.
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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
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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.
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 § 100.121 to read as follows:
Technical Standards
PO 00000
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.
Sfmt 4702
§ 100.121: 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 any swimmer or safety craft on
the race course bounded by the
following points: Starting Point at Port
Jefferson Beach at approximate position
40°58′12″ N 073°05′51″ W, northwesterly to the finishing point at
Captain’s Cove Seaport at approximate
location 41°09′25″ N 073°12′48″ W.
(b) Definitions. The following
definition applies to this section:
Designated On-scene Patrol Personnel,
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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 or safety craft 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 Onscene Patrol Personnel.
(2) All persons and vessels must
comply with the instructions from 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 or safety craft 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 single Saturday
during the last weekend of July or one
of the first two weekends in August,
depending on the tides. Notification of
the specific date and enforcement of the
special local regulation will be made via
a Notice of Enforcement in the Federal
Register, separate marine broadcasts
and local notice to mariners.
Dated: February 11, 2010.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the
Port Long Island Sound.
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DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 165
[Docket No. USCG–2010–0158]
RIN 1625–AA00
Safety Zone; Wilson Bay, Jacksonville,
NC
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Coast Guard proposes to
establish a temporary safety zone on the
waters of Wilson Bay at Jacksonville,
North Carolina for training purposes.
The safety zone is necessary to provide
for the safety of the general public and
exercise participants from potential
hazards associated with low flying
helicopters and vessels participating in
this multi agency exercise.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 3, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0158 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 CWO4 Stephen
Lyons, Waterways Management
Division Chief, Coast Guard Sector
North Carolina; telephone (252) 247–
4525, e-mail
Stephen.W.Lyons2@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:
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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.
Coast Guard
PO 00000
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Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–1058),
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
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, 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, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2010–0158’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ 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 812 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, click on the
‘‘read comments’’ box, which will then
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]]>Agencies
[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Proposed Rules]
[Pages 16700-16703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7429]
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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: Supplemental notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document supplements the Coast Guard's July 21, 2009
proposal 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 due to the annual Swim Across
the Sound event. The proposed amendment is necessary to provide for the
safety of life by protecting swimmers and their safety craft from the
hazards imposed by marine traffic. This supplemental notice of proposed
rulemaking describes an amendment to the list of potential dates and
clarifies the limitations placed on marine traffic.
DATES: Comments and related material must be received by the Coast
Guard on or before May 3, 2010.
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 material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, 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[frac12] 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.
[[Page 16701]]
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 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 25km 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 marine
traffic.
On July 21, 2009 the Coast Guard published a Notice of Proposed
Rulemaking with request for comments titled, ``Special Local
Regulation, Swim Across the Sound, Long Island Sound, Port Jefferson,
NY to Captain's Cove Seaport, Bridgeport, CT'' (Docket number USCG-
2009-0395) in the Federal Register (74 FR 35834). No comments or
requests for meetings were received, however, during the final edits of
the Final Rule we realized that the description of the regulated area
was incorrect and needed clarification, and that the anticipated dates
for the event should include the last weekend in July. This
supplemental notice of proposed rulemaking clarifies the proposed
regulation and the proposed dates for the annual event. The new
proposed regulation creates less of a burden on vessel traffic by
minimizing the restrictions in the regulated area.
Discussion of Proposed Rule
The Coast Guard proposes to establish a permanent special local
regulation on the navigable waters of Long Island Sound that would
exclude all unauthorized persons and vessels from approaching within
100 yards of any swimmer or safety craft on the race course. The race
course, hereby referred to as the regulated area, is bounded by the
following approximate points: Starting Point of Port Jefferson Beach
40[deg]58'13'' N 073[deg]05'51'' W, northwesterly to the finishing
point at Captain's Cove Seaport at approximate position 41[deg]09'25''
N 073[deg]12'48'' 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. The special local regulation will only be enforced
for approximately 11 hours on the day of the race, normally held on a
single Saturday during the last weekend of July or the first two
weekends of August, depending on the tides.
During the enforcement period of this regulation no person or
vessel may approach or remain within 100 yards of any swimmer or safety
craft within the regulated area 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 Designated
On-scene Patrol Personnel. Notification of the race date and subsequent
enforcement of the special local regulation will be made via a Notice
of Enforcement in the Federal Register, marine broadcasts and broadcast
notice to mariners. 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 reasons: Marine traffic may
transit in all areas of Long Island Sound, other than within 100 yards
of event participants within the regulated area. Marine traffic passing
through the regulated area would only have minimal increased transit
time and the special local regulation will only be enforced for
approximately 11 hours on a single specified Saturday in either July or
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 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
[[Page 16702]]
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: Chief Petty Officer 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
(adjusted for inflation) 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.
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. 100.121 to read as follows:
Sec. 100.121: 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 any swimmer or safety craft on the race course
bounded by the following points: Starting Point at Port Jefferson Beach
at approximate position 40[deg]58'12'' N 073[deg]05'51'' W, north-
westerly to the finishing point at Captain's Cove Seaport at
approximate location 41[deg]09'25'' N 073[deg]12'48'' W.
(b) Definitions. The following definition applies to this section:
Designated On-scene Patrol Personnel,
[[Page 16703]]
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 or safety craft 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
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 or safety craft 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 single
Saturday during the last weekend of July or one of the first two
weekends in August, depending on the tides. Notification of the
specific date and enforcement of the special local regulation will be
made via a Notice of Enforcement in the Federal Register, separate
marine broadcasts and local notice to mariners.
Dated: February 11, 2010.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2010-7429 Filed 4-1-10; 8:45 am]
BILLING CODE 9110-04-P
