Special Local Regulation; Jones Beach Air Show; Atlantic Ocean, Sloop Channel Through East Bay, and Zach's Bay; Wantagh, NY, 29088-29091 [2014-11563]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 79, Number 98 (Wednesday, May 21, 2014)]
[Rules and Regulations]
[Pages 29088-29091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11563]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0250]
RIN 1625-AA08


Special Local Regulation; Jones Beach Air Show; Atlantic Ocean, 
Sloop Channel Through East Bay, and Zach's Bay; Wantagh, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation on the navigable waters of the Atlantic Ocean, Sloop Channel 
through East Bay and Zach's Bay near Jones Beach State Park in Wantagh, 
NY for the Jones Beach Air Show. This action is necessary to provide 
for the safety of life of event participants, spectators, and other 
waterway users during this event. The special local regulation will 
facilitate public notification of the event and provide protective 
measures for the maritime public and event participants from the 
hazards associated with the Jones Beach Air Show. Entering into, 
transiting through, remaining, or anchoring within these regulated 
areas would be prohibited unless authorized by the captain of the Port 
(COTP) Sector Long Island Sound.

DATES: This rule is effective from May 23, 2014 to May 25, 2014.
    This rule will be enforced from 9 a.m. to 3:30 p.m. on May 23, 
2014, and from 9 a.m. to 9 p.m. beginning May 24, 2014 through May 25, 
2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0250]. To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Scott Baumgartner, Prevention Department, 
Coast Guard Sector Long Island Sound, (203) 468-4559, 
Scott.A.Baumgartner@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On May 24, 2013, the Coast Guard published a Final Rule, entitled, 
``Safety Zones and Special Local Regulations; Recurring Marine Events 
in Captain of the Port Long Island Sound Zone'' in the Federal Register 
(78 FR 31402). This rulemaking established multiple safety zones and 
special local regulations throughout the Captain of the Port Sector 
Long Island Sound Zone including a safety zone for the Jones Beach Air 
Show. This final rule was preceded by a NPRM entitled, ``Safety Zones 
and Special Local Regulations; Recurring Marine Events in Captain of 
the Port Long Island Sound Zone'' that was published in the Federal 
Register (78 FR 20277). No public comments were received for this 
proposed rulemaking. There were no requests received for a public 
meeting and none were held.
    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because an NPRM would be impracticable. Since 
the Jones Beach Air Show is scheduled to take place over three days 
beginning May 23, 2014 through May 25, 2014, it is impracticable to 
draft, publish, and receive public comment on this rulemaking via an 
NPRM and still publish a final rule before the event is scheduled to 
take place. Delaying this rulemaking by waiting for a comment period to 
run would also reduce the Coast Guard's ability to promote the safety 
of event participants and the maritime public during this event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register for the same reasons stated above.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1233 and 
Department of Homeland Security Delegation No. 0170.1 which 
collectively authorize the Coast Guard to define regulatory special 
local regulations.
    The Jones Beach Air Show will take place from May 23, 2014 through 
May 25, 2014. The first day of the event, May 23, 2014 the Jones Beach 
Air Show will not be open to the general public but aircraft involved 
in the event will be conducting practice runs over the Atlantic Ocean. 
On Saturday, May 24, 2014 and Sunday, May 25, 2014 the Air Show will be 
open and operating from 10 a.m. through 3 p.m. The event will involve 
numerous aircraft performing various aerial maneuvers. These aircraft 
and associated event participants will be operating at high speeds and/
or in close proximity to other event participants and spectators. These 
aerial activities present multiple hazards, including those associated 
with in-flight accidents that could result in collision, fire, and 
debris fall-out. The Jones Beach Air show and these aerial activities 
attract thousands of spectators to Jones Beach State Park as well as a 
significant number of spectator vessels to the waters around Jones 
Beach State Park. The operation of these numerous spectator vessels in 
such close proximity to each other presents additional hazards to the 
maritime public beyond those associated with the aerial activities.
    During a review of the regulations currently published for the 
Jones Beach Air Show in Table 1 of 33 CFR 165.151 the Coast Guard 
discovered that the positions marking the corners of the area regulated 
as a safety zone were published out of order and when

[[Page 29089]]

followed as published did not include all waters of the Atlantic Ocean 
that were meant to be covered by the safety zone. To address this 
discrepancy the Coast Guard is establishing a No Entry area within this 
special local regulation using the correct order and positions.
    Furthermore, the Coast Guard also determined that adding two 
additional regulated areas would improve the safety of the maritime 
public. The additional regulated areas will be enforced after the 
conclusion of each day's activities at the Jones Beach Air Show. The 
first measure establishes speed restrictions for all vessels operating 
on the waters between the Meadowbrook State Parkway and the Wantagh 
State Parkway to be enforced from 3 p.m. to 9 p.m. on May 24, 2014 and 
May 25, 2014. The area between the two parkways covers all and/or 
portions of several navigable waterways including but not limited to; 
Sloop Channel, Haunts Creek, Broad Creek Channel, Wantagh Park Channel, 
Race Horse Channel, Merrick Bay, and East Bay. The Jones Beach Air Show 
attracts many spectators and spectator vessels and the mass exodus of 
these vessels and spectators from the Jones Beach area at the end of 
each day's Air Show related activities creates hazardous conditions 
within the aforementioned area. The hazardous conditions include vessel 
congestion and vessels operating at high speeds on the waters between 
the Meadowbrook State Parkway and the Wantagh State Parkway.

C. Discussion of the Final Rule

    This temporary rule establishes a special local regulation to 
ensure the safety of spectators and vessels from hazards associated 
with the Jones Beach Air Show. Establishing a special local regulation 
around the location of this event will help ensure the safety of 
spectators, vessels and other property and help minimize the associated 
risks to the maritime public.
    The COTP Sector Long Island Sound has determined that these hazards 
pose a danger to the maritime public. This special local regulation 
will temporary regulate three areas around the Jones Beach Air Show, 
including portions of the Atlantic Ocean, the navigable waters between 
Meadowbrook State Parkway and the Wantagh State Parkway, and Zach's 
Bay. The Coast Guard is setting up three types of areas to address the 
safety concerns:
    (1) No Entry Area: This is the area of the Atlantic Ocean over 
which aircraft associated with the Jones Beach Air Show are performing 
aerial maneuvers. This area is for the exclusive use of registered 
event participants, safety, support, and official vessels during 
periods of enforcement.
    (2) Slow/No Wake Area: This area includes the navigable waters 
between Meadowbrook State Parkway and Wantagh State Parkway. All 
vessels in this area will operate at ``No Wake'' speed or up to 6 
knots, whichever is slower, during periods of enforcement
    (3) No Southbound Traffic Area: This area includes all waters of 
Zach's Bay. No southbound vessel traffic will be allowed into or within 
this area during periods of enforcement.
    To address the risks associated with this event, the special local 
regulation establishes the navigable waters between the Meadowbrook 
State Parkway and the Wantagh State Parkway as a Slow/No Wake area and 
restricts vessel movement to no wake speed or 6 knots, whichever is 
slower, during the period of enforcement.
    The second measure establishes a regulated area that would restrict 
southbound traffic into and within Zach's Bay from 3 p.m. to 9 p.m. 
during each day of the Jones Beach Air Show. Zach's Bay is a small 
protected bay in close proximity to Jones Beach State Park and the 
Jones Beach Air Show. Consequently, it is one of the most congested 
areas for vessel traffic during the Jones Beach Air Show. The large 
number of vessels departing Zach's Bay at the conclusion of each day's 
activities creates hazardous conditions in the form of heavily 
congested waters. These conditions are especially hazardous for any 
vessels attempting to navigate in the southbound direction and against 
the flow of the main vessel traffic. To address this hazard the special 
local regulation establishes all waters of Zach's Bay as a No 
Southbound Traffic area and restricts all vessel movement to the 
outbound or northbound direction during the period of enforcement.
    The geographic locations of these regulated areas and the specific 
requirements of this rule are contained in the regulatory text. This 
regulation prevents vessels from entering, transiting, remaining, or 
anchoring within the area designated as the ``No Entry Area'' during 
the periods of enforcement unless authorized by the COTP or designated 
representative. This regulation also partially restricts movement 
within the ``Slow/No Wake Area'' and the ``No Southbound Traffic Area'' 
unless authorized by the COTP or designated representative.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking is not a 
significant regulatory action for the following reasons: The regulated 
areas are of limited size and duration and persons or vessels requiring 
entry into the regulated areas or requesting a deviance from the 
stipulations of the regulated areas may be authorized to do so by the 
COTP Sector Long Island Sound or designated representative. Also 
vessels not requesting or not receiving authorization to enter, transit 
through, anchor in, or remain within the regulated areas may navigate 
in all other portions of the waterways not designated as regulated 
areas.
    Advanced public notifications will also be made to local mariners 
through appropriate means, which may include but are not limited to the 
Local Notice to Mariners as well as Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit, anchor or moor within the regulated areas during the periods 
of enforcement from May 23, 2014 to May 25, 2014. The ``No Entry Area'' 
will be enforced each day from 9 a.m. to 3:30 p.m. beginning May 23, 
2014 through May 25, 2014. The ``Slow/No Wake Area'' and the ``No 
Southbound Traffic Area'' will be

[[Page 29090]]

enforced from 3 p.m. to 9 p.m. on May 24, 2014 and May 25, 2014.
    This temporary special local regulation will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons: The regulated areas are of short duration, vessels 
that can safely do so may navigate in all other portions of the 
waterways except for the areas designated as regulated areas, vessels 
can operate within the regulated area provided they do so in accordance 
with the regulation, and vessels requiring entry into the regulated 
areas may be authorized to do so by the COTP Sector Long Island Sound 
or designated representative. Additionally, before the effective 
period, public notifications will be made to local mariners through 
appropriate means, which may include but are not limited to the Local 
Notice to Mariners as well as Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a special local 
regulation. This rule is categorically excluded from further review 
under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recording 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233


0
2. Add Sec.  100.35T01-0250 to read as follows:


Sec.  100.35T01-0250  Special Local Regulation; Jones Beach Air Show; 
Atlantic Ocean, Sloop Channel through East Bay, and Zach's Bay; 
Wantagh, NY

    (a) Regulated Areas. All coordinates are North American Datum 1983 
(NAD 83).

[[Page 29091]]

    (1) No Entry Area.Waters of the Atlantic Ocean off Jones Beach 
State Park, Wantagh, NY contained within the following described area; 
Beginning in approximate position 40[deg]34'54'' N, 073[deg]33'21'' W, 
then running east along the shoreline of Jones Beach State Park to 
approximate position 40[deg]35'53'' N, 073[deg]28'48'' W; then running 
south to a position in the Atlantic Ocean off of Jones Beach at 
approximate position 40[deg]35'05'' N, 073[deg]28'34'' W; then running 
West to approximate position 40[deg]33'15'' N, 073[deg]33'09'' W; then 
running North to the point of origin.
    (2) Slow/No Wake Area. All navigable waters between Meadowbrook 
State Parkway and Wantagh State Parkway and contained within the 
following area. Beginning in approximate position 40[deg]35'49.01'' N 
73[deg]32'33.63'' W then north along the Meadowbrook State Parkway to 
its intersection with Merrick Road in approximate position 
40[deg]39'14.00'' N 73[deg]34'00.76'' W then east along Merrick Road to 
its intersection with Wantagh State Parkway in approximate position 
40[deg]39'51.32'' N 73[deg]30'43.36'' W then south along the Wantagh 
State Parkway to its intersection with Ocean Parkway in approximate 
position 40[deg]35'47.30'' N 73[deg]30'29.17'' W then west along Ocean 
Parkway to its intersection with Meadowbrook State Parkway at the point 
of origin in approximate position 40[deg]35'49.01'' N 73[deg]32'33.63'' 
W.
    (3) No Southbound Traffic Area. All navigable waters of Zach's Bay 
south of the line connecting a point near the western entrance to 
Zach's Bay in approximate position 40[deg]36'29.20'' N, 
073[deg]29'22.88'' W and a point near the eastern entrance of Zach's 
Bay in approximate position 40[deg]36'16.53'' N, 073[deg]28'57.26'' W.
    (b) Special Local Regulations. (1) In accordance with the general 
regulations found in section 100.35 of this part, entering into, 
transiting through, anchoring or remaining within the regulated areas 
is prohibited unless authorized by the Captain of the Port (COTP) 
Sector Long Island Sound, or designated representative.
    (2) The following persons and vessels are authorized by the COTP 
Sector Long Island Sound to enter areas of this special local 
regulation:
    (i) No Entry Area. Registered event participants, safety, support, 
and official vessels.
    (ii) Slow/No Wake Area. Spectator vessels may transit within the 
``Slow/No Wake Area'' at no wake speed or 6 knots, whichever is slower.
    (iii) No Southbound Traffic Area. Spectator vessels may transit the 
``No Southbound Traffic Area'' in the northbound direction or outbound 
direction.
    (3) All persons and vessels shall comply with the instructions of 
the COTP Sector Long Island Sound or designated representative.
    (4) Spectators desiring to enter the ``No Entry Area'' must contact 
the COTP Sector Long Island Sound by telephone at (203)-468-4401, or 
designated representative via VHF radio on channel 16, to request 
authorization. If authorization to enter, transit through, anchor in, 
or remain within the regulated areas is granted by the COTP Sector Long 
Island Sound or designated representative, all persons and vessels 
receiving such authorization must comply with the instructions of the 
COTP Sector Long Island Sound or designated representative.
    (5) Spectators desiring to operate within the ``Slow/No Wake Area'' 
or ``No Southbound Traffic Area'' outside the stipulations for those 
regulated areas must contact the COTP Sector Long Island Sound by 
telephone at (203)-468-4401, or designated representative via VHF radio 
on channel 16, to request authorization. If authorization to enter, 
transit through, anchor in, remain within, or deviate from the 
stipulations of the regulated areas is granted by the COTP Sector Long 
Island Sound or designated representative, all persons and vessels 
receiving such authorization must comply with the instructions of the 
COTP Sector Long Island Sound or designated representative.
    (6) The Coast Guard will provide notice of the regulated areas 
prior to the event through appropriate means, which may include but is 
not limited to the Local Notice to Mariners and Broadcast Notice to 
Mariners.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. 
Coast Guard who has been designated by the Captain of the Port (COTP), 
Sector Long Island Sound (LIS), to act on his or her behalf. The 
designated representative may be on an official patrol vessel or may be 
on shore and will communicate with vessels via VHF-FM radio or 
loudhailer. In addition, members of the Coast Guard Auxiliary may be 
present to inform vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP Sector Long Island Sound.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants, safety, support, or official patrol 
vessels.
    (d) Enforcement Period. (1) The ``No Entry Area'' will be enforced 
each day from 9:00a.m. to 3:30 p.m. from May 23, 2014 to May 25, 2014.
    (2) The ``Slow/No Wake Area'' and the ``No Southbound Traffic 
Area'' will be enforced each day from 3:00 p.m. to 9:00 p.m. from May 
24, 2014 to May 25, 2014.

    Dated: May 7, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2014-11563 Filed 5-20-14; 8:45 am]
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