Special Local Regulations and Safety Zones; Marine Events in Captain of the Port Long Island Sound Zone, 46997-47002 [2014-19054]

Download as PDF Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations Table of Acronyms DEPARTMENT OF HOMELAND SECURITY COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking Coast Guard 33 CFR Parts 100 and 165 [Docket Number USCG–2014–0446] RIN 1625–AA08; 1625–AA00 Special Local Regulations and Safety Zones; Marine Events in Captain of the Port Long Island Sound Zone Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing two special local regulations for two separate marine events and establishing three safety zones for two fireworks displays and one swim event within the Captain of the Port (COTP) Long Island Sound (LIS) Zone. This temporary final rule is necessary to provide for the safety of life on navigable waters during these events. Entry into, transit through, mooring or anchoring within these regulated areas and safety zones is prohibited unless authorized by COTP Sector Long Island Sound. DATES: This rule is effective without actual notice from August 12, 2014 until 10:45 p.m. on August 17, 2014. For the purposes of enforcement, actual notice will be used from the date the rule was signed, July 25, 2014 until August 12, 2014. SUMMARY: Documents mentioned in this preamble are part of docket [USCG– 2014–0446]. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer Scott Baumgartner, Prevention Department, Coast Guard Sector Long Island Sound, (203) 468– 4559, Scott.A.Baumgartner@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: pmangrum on DSK3VPTVN1PROD with RULES ADDRESSES: VerDate Mar<15>2010 15:41 Aug 11, 2014 Jkt 232001 A. Regulatory History and Information This rulemaking establishes two special local regulations for two regattas and three safety zones for two fireworks displays and one swim event. Each event and its corresponding regulatory history is discussed below. The Aquapalooza is a recurring marine event but with no regulatory history. The Connecticut River Raft Race is also a recurring marine event but with a regulatory history. Specifically, the Coast Guard established a special local regulation in 2012 for this event via a final rule entitled, ‘‘Safety Zones & Special local Regulations; Recurring Marine Events in Captain of the Port Long Island Sound Zone.’’ This rulemaking was published on May 24, 2013 in the Federal Register (78 FR 31402). In 2013, the special local regulation for the Connecticut River Raft Race was modified by a temporary final rule issued by the Coast Guard entitled, ‘‘Special Local Regulations and Safety Zones; Marine Events in Captain of the Port Long Island Sound Zone.’’ This rulemaking was published on July 10, 2013 in the Federal Register (78 FR 41300). The Sebonack Golf Club Fireworks Display is a new event with no regulatory history. The Sebonack Golf Club has helped sponsor a similar recurring event that was held in the same location on July 6, 2013 and known as National Golf Links Fireworks. A safety zone was established in 2012 for the National Golf Links Fireworks event via a final rule entitled, ‘‘Safety Zones & Special local Regulations; Recurring Marine Events in Captain of the Port Long Island Sound Zone.’’ This rulemaking was published on May 24, 2013 in the Federal Register (78 FR 31402). Island Beach Two Mile Swim is a recurring event with some regulatory history. Specifically, the Coast Guard established a safety zone around this event on August 3, 2013 via a temporary final rule not published in the Federal Register entitled, ‘‘Safety Zone, Island Beach Two Mile Swim, Captain Harbor, Greenwich, CT.’’ The Bohlsen Wedding Fireworks Display is a new event with no regulatory history. The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 46997 pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable and contrary to the public interest. There is insufficient time to publish a NPRM and solicit comments from the public before these events take place. Thus, waiting for a comment period to run would inhibit the Coast Guard’s ability to fulfill its mission to keep the ports and waterways safe. Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the preceding paragraph, the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. B. Basis and Purpose The legal basis for this temporary rule is 33 U.S.C. 1231, 1233; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1 which collectively authorize the Coast Guard to define regulatory special local regulations and safety zones. As discussed in the Regulatory History and Information section, two regattas, two fireworks displays, and one swim event will take place in the COTP Long Island Sound Zone between July 27, 2014 and August 17, 2014. The COTP Long Island Sound has determined that the two special local regulations and the three safety zones established by this temporary final rule are necessary to provide for the safety of life on navigable waterways during those events. Aquapalooza is a boating event open to the Public that attracts many people and boats into Zach’s Bay near Jones Beach State Park in Wantagh, NY for an afternoon of music and entertainment. The event sponsor expects to have 500 participants, including swimmers and boaters, and 150 boats attend the event. The large number of boats operating in close proximity to each other and to a swim area, operating at dangerous speeds for the conditions and the large number of vessels departing Zach’s Bay at the conclusion of the event creates hazardous conditions in the form of potentially dangerous boat operations E:\FR\FM\12AUR1.SGM 12AUR1 46998 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations within heavily congested waters. These conditions are especially hazardous for any vessels attempting to navigate in the southbound direction and against the flow of the main vessel traffic at the conclusion of the event. The Coast Guard determined that a special local regulation that restricts vessel speed and the flow of vessel traffic will improve the safety of waterway users. The Connecticut River Raft Race involves many participants operating human-powered and/or sail-powered vessels of their own design and construction along a stretch of the Connecticut River near Middletown, CT. The start and finish points of the race have been changed to locations within the same general area but with improved access to the Connecticut River creating safer entry and exit conditions for event participants and support personnel. Due to the hazards facing these participants, including the unknown and/or untested seaworthiness of their vessels and potential limitations to vessel navigation and/or maneuverability, the Coast Guard determined that a special local regulation that restricts vessel speed and operation is needed to protect participants, spectators and other waterway users during the event. The Sebonack Golf Club fireworks display and the Bohlsen Wedding fireworks display are expected to attract large numbers of spectator vessels that will congregate around the locations of these events. The Coast Guard determined that safety zones are required for each of these fireworks displays to protect both spectators and participants from the hazards created by them, including unexpected pyrotechnics detonation and burning debris. Island Beach Two Mile Swim is a swim event that is held in Captain Harbor near Greenwich, CT. Approximately 80 participants will swim an out and back, two mile course that starts on Little Captain Island, then continues roughly northwest for 1 mile towards Bower’s Island and then returns along the same track to Little Captain’s Island. The swim course includes waters routinely transited by commercial and recreational boat traffic which could present hazards, including increased risk of collision, to the event participants and safety and support resources. The Coast Guard has determined that a safety zone is required to protect the event participants from the hazards associated with swim events on navigable waters, including potential threats from commercial and recreational boat traffic. The safety zone would also improve visibility and maneuverability for the safety vessels and personnel supporting the event. C. Discussion of the Final Rule This rule establishes two special local regulations for two separate regattas and three safety zones for two fireworks display and one swim event. The location of these special regulated areas and safety zones are as follows: Regattas 1 Aquapalooza ....................................................................................... 2 Connecticut River Raft Race .............................................................. • Location: All navigable waters of Zach’s Bay south of the line connecting a point near the western entrance to Zach’s Bay in approximate position 40°36′29.20″ N, 073°29′22.88″ W and a point near the eastern entrance of Zach’s Bay in approximate position 40°36′16.53″ N, 073°28′57.26″ W. • Location: All waters of the Connecticut River Middletown, CT between Gildersleeve Island (Marker no. 99) 41°36′02.13″ N 072°37′22.71″ W and Portland Riverside Marina (Marker no. 88) 41°33′38.30″ N 072°37′36.53″ W (NAD 83). Fireworks Displays 3 Sebonack Golf Club Fireworks ........................................................... 4 Bohlsen Wedding Fireworks ............................................................... • Location: All waters of Great Peconic Bay within 1000 feet of the fireworks barge located 3⁄4 of a mile northwest of Bullhead Bay, Shinnecock, NY in approximate position 40°55′11.79″ N, 072°28′04.34″ W (NAD 83). • Location: All waters of Great South Bay within 600 feet of the fireworks barge located near the entrance to Champlin Creek, East Islip, NY in approximate position 40°42′28.91″ N, 073°12′19.57″ W (NAD 83). Swim Event pmangrum on DSK3VPTVN1PROD with RULES 5 Island Beach Two Mile Swim ............................................................. The special local regulation established for Aquapalooza includes two measures to reduce the risks to waterways users of Zach’s Bay before, during, and after the event. The first measure restricts vessel movement within the regulated area to no wake VerDate Mar<15>2010 15:41 Aug 11, 2014 Jkt 232001 • Location. The following area is a safety zone: All waters of Captain Harbor between Little Captain’s Island and Bower’s Island that are located within the box formed by connecting four points in the following positions. Beginning at 40°59′23.35″ N 073°36′42.05″ W, then northwest to 40°59′51.04″ N 073°37′57.32″ W, then southwest to 40°59′45.17″ N 073°38′01.18″ W, then southeast to 40°59′17.38″ N 073°36′45.90″ W, then northeast to the beginning point at 40°59′23.35″ N 073°36′42.05″ W (NAD 83). All positions are approximate. speed or 6 knots, whichever is slower on July 27, 2014 from 11:30 a.m. to 8 p.m. The second measure restricts all vessel movement within the regulated area to the outbound or northbound direction on July 27, 2014 from 3 p.m. to 5:30 p.m. PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 The special local regulation established for the Connecticut River Raft Race restricts vessel movement within the regulated area of the Connecticut River to no wake speed or 6 knots, whichever is slower and also stipulates that vessels shall not anchor, E:\FR\FM\12AUR1.SGM 12AUR1 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations block, loiter, or impede the transit of event participants or official patrol vessels in the regulated areas unless authorized by COTP or designated representatives. Both measures will be enforced on August 2, 2014 from 9:30 a.m. to 2:30 p.m. This rule prevents vessels from entering, transiting, mooring or anchoring within areas specifically designated as safety zones and establishes additional vessel movement rules within areas specifically under the jurisdiction of the special local regulations during the periods of enforcement unless authorized by the COTP or designated representative. Public notifications will be made to the local maritime community prior to the event through the Local Notice to Mariners and Broadcast Notice to Mariners. pmangrum on DSK3VPTVN1PROD with RULES D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. The Coast Guard determined that this rulemaking is not a significant regulatory action for the following reasons: The enforcement of these regulated areas and safety zones will be relatively short in duration. Also, persons or vessels desiring entry into a regulated area or a deviance from the stipulations within a regulated area may be authorized to do so by the COTP Sector Long Island Sound or designated representative. Additionally, persons or vessels desiring to enter a safety zone may do so with permission from the COTP Sector Long Island Sound or designated representative. Furthermore, these special local regulations and safety zones are designed in a way to limit impacts on vessel traffic, permitting vessels to navigate in other portions of the waterways not designated as a regulated area or as a safety zone. Finally, to increase public awareness of these special local VerDate Mar<15>2010 15:41 Aug 11, 2014 Jkt 232001 regulations and safety zones, the Coast Guard will notify the public of the enforcement of this rule via appropriate means, such as via Local Notice to Mariners and Broadcast Notice to Mariners. 4. Collection of Information 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This temporary final rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to enter, transit, anchor or moor within a regulated area or a safety zone during the periods of enforcement from July 27, 2014 to August 17, 2014. However, this temporary final rule will not have a significant economic impact on a substantial number of small entities for the same reasons discussed in the REGULATORY PLANNING AND REVIEW section. 46999 5. Federalism 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children From Environmental Health Risks We have analyzed this rule under Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to E:\FR\FM\12AUR1.SGM 12AUR1 47000 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations health or risk to safety that may disproportionately affect children. 11. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of special local regulations and safety zones. This rule is categorically excluded from further review under paragraph 34(g) and (h) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 100 and 165 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. 2. Add § 100.35T01–0446 to read as follows: ■ § 100.35T01–0446 Special Local Regulations; Marine Events in Captain of the Port Long Island Sound Zone. (a) Regulations. The general regulations contained in 33 CFR 100.35 as well as the following regulations apply to the marine events listed in Table to § 100.35T01–0446. (b) Enforcement Period. This rule will be enforced on the dates and times listed for each event in Table to § 100.35T01–0446. (c) Definitions. The following definitions apply to this section: (1) Designated Representative. A ‘‘designated representative’’ is any commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port (COTP), Sector Long Island Sound, to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF–FM radio or loudhailer. While members of the Coast Guard Auxiliary will not serve as the designated representative, they may be present to inform vessel operators of this regulation. (2) Official Patrol Vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP. (d) Vessel operators desiring to enter or operate within the regulated areas shall contact the COTP at 203–468–4401 (Sector Long Island Sound command center) or the designated representative via VHF channel 16. (e) Vessels may not transit the regulated areas without the COTP or designated representative approval. Vessels permitted to transit must operate at a no wake speed or 6 knots, whichever is slower, and operate in a manner which will not endanger event participants or other crafts in the event. (f) The COTP or designated representative may control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the lawful directions issued. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both. (g) The COTP or designated representative may delay or terminate any marine event in this section at any time it is deemed necessary to ensure the safety of life or property. (h) The additional stipulations listed in TABLE to § 100.35T01–0446 also apply for the event in which they are listed. TABLE TO § 100.35T01–0446 pmangrum on DSK3VPTVN1PROD with RULES 1 Aquapalooza, Zach’s Bay, Wantagh, NY ........................................... VerDate Mar<15>2010 15:41 Aug 11, 2014 Jkt 232001 PO 00000 Frm 00040 Fmt 4700 • • • • Event type: Regatta. Date: July 27, 2014. Time: 11:30 a.m. to 8 p.m. Location: All navigable waters of Zach’s Bay south of the line connecting a point near the western entrance to Zach’s Bay in approximate position 40°36′29.20″ N, 073°29′22.88″ W and a point near the eastern entrance of Zach’s Bay in approximate position 40°36′16.53″ N, 073°28′57.26″ W. • Additional stipulations: On July 27, 2014 from 11:30 a.m. to 8 p.m. vessel speed in the regulated area is restricted to no wake speed or 6 knots, whichever is slower. On July 27, 2014 from 3 p.m. to 5:30 p.m. vessels may only transit the regulated area in the northbound direction or outbound direction. Sfmt 4700 E:\FR\FM\12AUR1.SGM 12AUR1 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations 47001 TABLE TO § 100.35T01–0446—Continued 2 Connecticut River Raft Race, Middletown, CT ................................... PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 3. The authority citation for Part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1 4. Add § 165.T01–0446 to read as follows: ■ § 165.T01–0446 Safety Zones; Fireworks Displays and Swim Event in Captain of the Port Long Island Sound Zone. (a) Regulations. The general regulations contained in 33 CFR 165.23 as well as the following regulations apply to the events listed in the TABLES 1 and 2 of § 165.T01–0446. (b) Enforcement Period. This rule will be enforced on the dates and times listed for each event in TABLES 1 and 2 of § 165.T01–0446. If the event is delayed by inclement weather, the safety zone will be enforced on the rain • • • • Event type: Boat Race. Date: August 2, 2014. Time: 9:30 a.m. to 2:30 p.m. Location: All waters of the Connecticut River near Middletown, CT between Gildersleeve Island (Marker no. 99) 41°36′02.13″ N 072° 37′22.71″ W and Portland Riverside Marina (Marker no. 88) 41°33′38.30″ N 072°37′36.53″ W (NAD 83). • Additional Stipulations: Vessels shall not anchor, block, loiter, or impede the transit of event participants or official patrol vessels in the regulated areas unless authorized by COTP or designated representative. date indicated in TABLES 1 and 2 of § 165.T01–0446. (c) Definitions. The following definitions apply to this section: (1) Designated Representative. A ‘‘designated representative’’ is any commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port (COTP), Sector Long Island Sound, to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF–FM radio or loudhailer. While members of the Coast Guard Auxiliary will not serve as the designated representative, they may be present to inform vessel operators of this regulation. (2) Official Patrol Vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP. (d) Vessels desiring to enter or operate within a safety zone should contact the COTP or the designated representative via VHF channel 16 or by telephone at (203) 468–4401 to obtain permission to do so. Vessels given permission to enter or operate in a safety zone must comply with all directions given to them by the COTP Sector Long Island Sound or the designated on-scene representative. (e) Upon being hailed by an official patrol vessel or the designated representative, by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both. (f) Fireworks barges used in these locations will also have a sign on their port and starboard side labeled ‘‘FIREWORKS—STAY AWAY.’’ This sign will consist of 10 inch high by 1.5 inch wide red lettering on a white background. (g) For the swim event listed in TABLE 2 to § 165.T01–446, vessels not associated with the event shall maintain a separation of at least 100 yards from the participants. TABLE 1 TO § 165.T01–0446 Fireworks Events Sebonack Golf Club Fireworks ........................................................... • • • • 2 pmangrum on DSK3VPTVN1PROD with RULES 1 Bohlsen Wedding Fireworks ............................................................... • • • • VerDate Mar<15>2010 15:41 Aug 11, 2014 Jkt 232001 PO 00000 Frm 00041 Fmt 4700 Date: August 1, 2014. Rain Date: August 8, 2014. Time: 9 p.m. to 10:30 p.m. Location: All waters of Great Peconic Bay within 1000 feet of the fireworks barge located 3⁄4 of a mile northwest of Bullhead Bay, Shinnecock, NY in approximate position 40°55′11.79″ N, 072°28′04.34″ W (NAD 83). Date: August 16, 2014. Rain Date: August 17, 2014. Time: 8:45 p.m. to 10:45 p.m. Location: All waters of Great South Bay within 600 feet of the fireworks barge located near the entrance to Champlin Creek, East Islip, NY in approximate position 40°42′28.91″ N, 073°12′19.57″ W (NAD 83). Sfmt 4700 E:\FR\FM\12AUR1.SGM 12AUR1 47002 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations TABLE 2 TO § 165.T01–0446 Swim Events 1 Island Beach Two Mile Swim ............................................................. Dated: July 25, 2014. E.J. Cubanski, III, Captain, U.S. Coast Guard, Captain of the Port Sector Long Island Sound. email Mr. Gene Stratton, Coast Guard; telephone 305–415–6744, email allen.e.stratton@uscg.mil. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366– 9826. [FR Doc. 2014–19054 Filed 8–11–14; 8:45 am] BILLING CODE 9110–04–P SUPPLEMENTARY INFORMATION: DEPARTMENT OF HOMELAND SECURITY A. Regulatory History and Information Coast Guard 33 CFR Part 117 [Docket No. USCG–2014–0437] RIN 1625–AA09 Drawbridge Operation Regulation; Gulf Intracoastal Waterway, St. Petersburg Beach, FL Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is removing the existing drawbridge operation regulation for the Pinellas Bayway Structure ‘‘C’’ Bridge across the Gulf Intracoastal Waterway mile 114, St Petersburg Beach, Florida. The drawbridge was replaced with a fixed bridge in 2014 and the operating regulation is no longer applicable or necessary. SUMMARY: DATES: This rule is effective August 12, 2014. The docket for this final rule, [USCG–2014–0437] is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this final rule. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or pmangrum on DSK3VPTVN1PROD with RULES ADDRESSES: VerDate Mar<15>2010 15:41 Aug 11, 2014 Jkt 232001 • Date: August 9, 2014. • Time: 8 a.m. until 11 a.m. • Location: All waters of Captain Harbor between Little Captain’s Island and Bower’s Island that are located within the box formed by connecting four points in the following positions. Beginning at 40°59′23.35″ N 073°36′42.05″ W, then northwest to 40°59′51.04″ N 073°37′57.32″ W, then southwest to 40°59′45.17″ N 073°38′01.18″ W, then southeast to 40°59′17.38″ N 073°36′45.90″ W, then northeast to the beginning point at 40°59′23.35″ N 073°36′42.05″ W (NAD 83). All positions are approximate. The Coast Guard is issuing this final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the Pinellas Bayway Structure ‘‘C’’ Bridge, that once required draw operations in 33 CFR 117.287(e), was removed from Gulf Intracoastal Waterway mile 114.0 and replaced with a fixed bridge in 2014. Therefore, the regulation is no longer applicable and shall be removed from publication. It is unnecessary to publish an NPRM because this regulatory action does not purport to place any restrictions on mariners but rather removes a restriction that has no further use or value. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective in less than 30 days after publication in the Federal Register. The bridge has been a fixed bridge for 1 year and this rule merely requires an administrative change, in order to omit a regulatory requirement that is no longer applicable or necessary. The modification has already taken place and the removal of the regulation will not affect mariners currently operating on this waterway. PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 Therefore, a delayed effective date is unnecessary. B. Basis and Purpose The Pinellas Bayway Structure ‘‘C’’ Bridge across the Gulf Intracoastal Waterway mile 114.0 was removed and replaced with a fixed bridge in 2014. It has come to the attention of the Coast Guard that the governing regulation for this drawbridge was never removed subsequent to the completion of the fixed bridge that replaced it. The elimination of this drawbridge necessitates the removal of the drawbridge operation regulation, 33 CFR 117.287(e), that pertains to the former drawbridge. The purpose of this rule is to remove paragraph (e) of 33 CFR 117.287 that refers to the Pinellas Bayway Structure ‘‘C’’ Bridge at mile 114.0, from the Code of Federal Regulations since it governs a bridge that is no longer able to be opened. C. Discussion of Rule The Coast Guard is changing the regulation in 33 CFR 117.287(e) by removing restrictions and the regulatory burden related to the draw operations for this bridge that is no longer in existence [is no longer a drawbridge]. The change removes the paragraph (e) of the regulation governing the Pinellas Bayway Structure ‘‘C’’ Bridge since the bridge has been replaced with a fixed bridge and the old bascule bridge was removed from the waterway. This Final Rule seeks to update the Code of Federal Regulations by removing language that governs the operation of the Pinellas Bayway Structure ‘‘C’’ Bridge, which no longer operates as a drawbridge. This change does not affect waterway or land traffic. This change does not affect nor does it alter the operating schedules in 33 CFR 117.287 that govern the remaining active drawbridges on the Gulf Intracoastal Waterway. D. Regulatory Analyses We developed this rule after considering numerous statutes and E:\FR\FM\12AUR1.SGM 12AUR1

Agencies

[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Rules and Regulations]
[Pages 46997-47002]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19054]



[[Page 46997]]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2014-0446]
RIN 1625-AA08; 1625-AA00


Special Local Regulations and Safety Zones; Marine Events in 
Captain of the Port Long Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing two special local regulations 
for two separate marine events and establishing three safety zones for 
two fireworks displays and one swim event within the Captain of the 
Port (COTP) Long Island Sound (LIS) Zone. This temporary final rule is 
necessary to provide for the safety of life on navigable waters during 
these events. Entry into, transit through, mooring or anchoring within 
these regulated areas and safety zones is prohibited unless authorized 
by COTP Sector Long Island Sound.

DATES: This rule is effective without actual notice from August 12, 
2014 until 10:45 p.m. on August 17, 2014. For the purposes of 
enforcement, actual notice will be used from the date the rule was 
signed, July 25, 2014 until August 12, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0446]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

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

A. Regulatory History and Information

    This rulemaking establishes two special local regulations for two 
regattas and three safety zones for two fireworks displays and one swim 
event. Each event and its corresponding regulatory history is discussed 
below.
    The Aquapalooza is a recurring marine event but with no regulatory 
history.
    The Connecticut River Raft Race is also a recurring marine event 
but with a regulatory history. Specifically, the Coast Guard 
established a special local regulation in 2012 for this event via a 
final rule entitled, ``Safety Zones & Special local Regulations; 
Recurring Marine Events in Captain of the Port Long Island Sound 
Zone.'' This rulemaking was published on May 24, 2013 in the Federal 
Register (78 FR 31402). In 2013, the special local regulation for the 
Connecticut River Raft Race was modified by a temporary final rule 
issued by the Coast Guard entitled, ``Special Local Regulations and 
Safety Zones; Marine Events in Captain of the Port Long Island Sound 
Zone.'' This rulemaking was published on July 10, 2013 in the Federal 
Register (78 FR 41300).
    The Sebonack Golf Club Fireworks Display is a new event with no 
regulatory history. The Sebonack Golf Club has helped sponsor a similar 
recurring event that was held in the same location on July 6, 2013 and 
known as National Golf Links Fireworks. A safety zone was established 
in 2012 for the National Golf Links Fireworks event via a final rule 
entitled, ``Safety Zones & Special local Regulations; Recurring Marine 
Events in Captain of the Port Long Island Sound Zone.'' This rulemaking 
was published on May 24, 2013 in the Federal Register (78 FR 31402).
    Island Beach Two Mile Swim is a recurring event with some 
regulatory history. Specifically, the Coast Guard established a safety 
zone around this event on August 3, 2013 via a temporary final rule not 
published in the Federal Register entitled, ``Safety Zone, Island Beach 
Two Mile Swim, Captain Harbor, Greenwich, CT.''
    The Bohlsen Wedding Fireworks Display is a new event with no 
regulatory history.
    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
contrary to the public interest. There is insufficient time to publish 
a NPRM and solicit comments from the public before these events take 
place. Thus, waiting for a comment period to run would inhibit the 
Coast Guard's ability to fulfill its mission to keep the ports and 
waterways safe.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the 
preceding paragraph, the Coast Guard finds that good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1231, 1233; 46 
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6 and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department 
of Homeland Security Delegation No. 0170.1 which collectively authorize 
the Coast Guard to define regulatory special local regulations and 
safety zones.
    As discussed in the Regulatory History and Information section, two 
regattas, two fireworks displays, and one swim event will take place in 
the COTP Long Island Sound Zone between July 27, 2014 and August 17, 
2014. The COTP Long Island Sound has determined that the two special 
local regulations and the three safety zones established by this 
temporary final rule are necessary to provide for the safety of life on 
navigable waterways during those events.
    Aquapalooza is a boating event open to the Public that attracts 
many people and boats into Zach's Bay near Jones Beach State Park in 
Wantagh, NY for an afternoon of music and entertainment. The event 
sponsor expects to have 500 participants, including swimmers and 
boaters, and 150 boats attend the event. The large number of boats 
operating in close proximity to each other and to a swim area, 
operating at dangerous speeds for the conditions and the large number 
of vessels departing Zach's Bay at the conclusion of the event creates 
hazardous conditions in the form of potentially dangerous boat 
operations

[[Page 46998]]

within heavily congested waters. These conditions are especially 
hazardous for any vessels attempting to navigate in the southbound 
direction and against the flow of the main vessel traffic at the 
conclusion of the event. The Coast Guard determined that a special 
local regulation that restricts vessel speed and the flow of vessel 
traffic will improve the safety of waterway users.
    The Connecticut River Raft Race involves many participants 
operating human-powered and/or sail-powered vessels of their own design 
and construction along a stretch of the Connecticut River near 
Middletown, CT. The start and finish points of the race have been 
changed to locations within the same general area but with improved 
access to the Connecticut River creating safer entry and exit 
conditions for event participants and support personnel. Due to the 
hazards facing these participants, including the unknown and/or 
untested seaworthiness of their vessels and potential limitations to 
vessel navigation and/or maneuverability, the Coast Guard determined 
that a special local regulation that restricts vessel speed and 
operation is needed to protect participants, spectators and other 
waterway users during the event.
    The Sebonack Golf Club fireworks display and the Bohlsen Wedding 
fireworks display are expected to attract large numbers of spectator 
vessels that will congregate around the locations of these events. The 
Coast Guard determined that safety zones are required for each of these 
fireworks displays to protect both spectators and participants from the 
hazards created by them, including unexpected pyrotechnics detonation 
and burning debris.
    Island Beach Two Mile Swim is a swim event that is held in Captain 
Harbor near Greenwich, CT. Approximately 80 participants will swim an 
out and back, two mile course that starts on Little Captain Island, 
then continues roughly northwest for 1 mile towards Bower's Island and 
then returns along the same track to Little Captain's Island. The swim 
course includes waters routinely transited by commercial and 
recreational boat traffic which could present hazards, including 
increased risk of collision, to the event participants and safety and 
support resources. The Coast Guard has determined that a safety zone is 
required to protect the event participants from the hazards associated 
with swim events on navigable waters, including potential threats from 
commercial and recreational boat traffic. The safety zone would also 
improve visibility and maneuverability for the safety vessels and 
personnel supporting the event.

C. Discussion of the Final Rule

    This rule establishes two special local regulations for two 
separate regattas and three safety zones for two fireworks display and 
one swim event. The location of these special regulated areas and 
safety zones are as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                Regattas
------------------------------------------------------------------------
1 Aquapalooza..........................   Location: All
                                          navigable waters of Zach's Bay
                                          south of the line connecting a
                                          point near the western
                                          entrance to Zach's Bay in
                                          approximate position
                                          40[deg]36'29.20'' N,
                                          073[deg]29'22.88'' W and a
                                          point near the eastern
                                          entrance of Zach's Bay in
                                          approximate position
                                          40[deg]36'16.53'' N,
                                          073[deg]28'57.26'' W.
2 Connecticut River Raft Race..........   Location: All waters
                                          of the Connecticut River
                                          Middletown, CT between
                                          Gildersleeve Island (Marker
                                          no. 99) 41[deg]36'02.13'' N
                                          072[deg]37'22.71'' W and
                                          Portland Riverside Marina
                                          (Marker no. 88)
                                          41[deg]33'38.30'' N
                                          072[deg]37'36.53'' W (NAD 83).
------------------------------------------------------------------------
                           Fireworks Displays
------------------------------------------------------------------------
3 Sebonack Golf Club Fireworks.........   Location: All waters
                                          of Great Peconic Bay within
                                          1000 feet of the fireworks
                                          barge located \3/4\ of a mile
                                          northwest of Bullhead Bay,
                                          Shinnecock, NY in approximate
                                          position 40[deg]55'11.79'' N,
                                          072[deg]28'04.34'' W (NAD 83).
4 Bohlsen Wedding Fireworks............   Location: All waters
                                          of Great South Bay within 600
                                          feet of the fireworks barge
                                          located near the entrance to
                                          Champlin Creek, East Islip, NY
                                          in approximate position
                                          40[deg]42'28.91'' N,
                                          073[deg]12'19.57'' W (NAD 83).
------------------------------------------------------------------------
                               Swim Event
------------------------------------------------------------------------
5 Island Beach Two Mile Swim...........   Location. The
                                          following area is a safety
                                          zone: All waters of Captain
                                          Harbor between Little
                                          Captain's Island and Bower's
                                          Island that are located within
                                          the box formed by connecting
                                          four points in the following
                                          positions. Beginning at
                                          40[deg]59'23.35'' N
                                          073[deg]36'42.05'' W, then
                                          northwest to 40[deg]59'51.04''
                                          N 073[deg]37'57.32'' W, then
                                          southwest to 40[deg]59'45.17''
                                          N 073[deg]38'01.18'' W, then
                                          southeast to 40[deg]59'17.38''
                                          N 073[deg]36'45.90'' W, then
                                          northeast to the beginning
                                          point at 40[deg]59'23.35'' N
                                          073[deg]36'42.05'' W (NAD 83).
                                          All positions are approximate.
------------------------------------------------------------------------

    The special local regulation established for Aquapalooza includes 
two measures to reduce the risks to waterways users of Zach's Bay 
before, during, and after the event. The first measure restricts vessel 
movement within the regulated area to no wake speed or 6 knots, 
whichever is slower on July 27, 2014 from 11:30 a.m. to 8 p.m. The 
second measure restricts all vessel movement within the regulated area 
to the outbound or northbound direction on July 27, 2014 from 3 p.m. to 
5:30 p.m.
    The special local regulation established for the Connecticut River 
Raft Race restricts vessel movement within the regulated area of the 
Connecticut River to no wake speed or 6 knots, whichever is slower and 
also stipulates that vessels shall not anchor,

[[Page 46999]]

block, loiter, or impede the transit of event participants or official 
patrol vessels in the regulated areas unless authorized by COTP or 
designated representatives. Both measures will be enforced on August 2, 
2014 from 9:30 a.m. to 2:30 p.m.
    This rule prevents vessels from entering, transiting, mooring or 
anchoring within areas specifically designated as safety zones and 
establishes additional vessel movement rules within areas specifically 
under the jurisdiction of the special local regulations during the 
periods of enforcement unless authorized by the COTP or designated 
representative.
    Public notifications will be made to the local maritime community 
prior to the event through the Local Notice to Mariners and Broadcast 
Notice to Mariners.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking is not a 
significant regulatory action for the following reasons: The 
enforcement of these regulated areas and safety zones will be 
relatively short in duration. Also, persons or vessels desiring entry 
into a regulated area or a deviance from the stipulations within a 
regulated area may be authorized to do so by the COTP Sector Long 
Island Sound or designated representative. Additionally, persons or 
vessels desiring to enter a safety zone may do so with permission from 
the COTP Sector Long Island Sound or designated representative. 
Furthermore, these special local regulations and safety zones are 
designed in a way to limit impacts on vessel traffic, permitting 
vessels to navigate in other portions of the waterways not designated 
as a regulated area or as a safety zone. Finally, to increase public 
awareness of these special local regulations and safety zones, the 
Coast Guard will notify the public of the enforcement of this rule via 
appropriate means, such as via Local Notice to Mariners and Broadcast 
Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This temporary final rule will affect the following entities, some 
of which may be small entities: The owners or operators of vessels 
intending to enter, transit, anchor or moor within a regulated area or 
a safety zone during the periods of enforcement from July 27, 2014 to 
August 17, 2014. However, this temporary final rule will not have a 
significant economic impact on a substantial number of small entities 
for the same reasons discussed in the REGULATORY PLANNING AND REVIEW 
section.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection 
of Children From Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to

[[Page 47000]]

health or risk to safety that may disproportionately affect children.

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

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

List of Subjects

33 CFR Part 100

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

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.


0
2. Add Sec.  100.35T01-0446 to read as follows:


Sec.  100.35T01-0446  Special Local Regulations; Marine Events in 
Captain of the Port Long Island Sound Zone.

    (a) Regulations. The general regulations contained in 33 CFR 100.35 
as well as the following regulations apply to the marine events listed 
in Table to Sec.  100.35T01-0446.
    (b) Enforcement Period. This rule will be enforced on the dates and 
times listed for each event in Table to Sec.  100.35T01-0446.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is 
any commissioned, warrant or petty officer of the U.S. Coast Guard who 
has been designated by the Captain of the Port (COTP), Sector Long 
Island Sound, to act on his or her behalf. The designated 
representative may be on an official patrol vessel or may be on shore 
and will communicate with vessels via VHF-FM radio or loudhailer. While 
members of the Coast Guard Auxiliary will not serve as the designated 
representative, they may be present to inform vessel operators of this 
regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (d) Vessel operators desiring to enter or operate within the 
regulated areas shall contact the COTP at 203-468-4401 (Sector Long 
Island Sound command center) or the designated representative via VHF 
channel 16.
    (e) Vessels may not transit the regulated areas without the COTP or 
designated representative approval. Vessels permitted to transit must 
operate at a no wake speed or 6 knots, whichever is slower, and operate 
in a manner which will not endanger event participants or other crafts 
in the event.
    (f) The COTP or designated representative may control the movement 
of all vessels in the regulated area. When hailed or signaled by an 
official patrol vessel, a vessel shall come to an immediate stop and 
comply with the lawful directions issued. Failure to comply with a 
lawful direction may result in expulsion from the area, citation for 
failure to comply, or both.
    (g) The COTP or designated representative may delay or terminate 
any marine event in this section at any time it is deemed necessary to 
ensure the safety of life or property.
    (h) The additional stipulations listed in TABLE to Sec.  100.35T01-
0446 also apply for the event in which they are listed.

                     Table to Sec.   100.35T01-0446
------------------------------------------------------------------------
                                          Country Chart (See Supp. No. 1
               Control(s)                          to part 738)
------------------------------------------------------------------------
1 Aquapalooza, Zach's Bay, Wantagh, NY.   Event type: Regatta.
                                          Date: July 27, 2014.
                                          Time: 11:30 a.m. to 8
                                          p.m.
                                          Location: All
                                          navigable waters of Zach's Bay
                                          south of the line connecting a
                                          point near the western
                                          entrance to Zach's Bay in
                                          approximate position
                                          40[deg]36'29.20'' N,
                                          073[deg]29'22.88'' W and a
                                          point near the eastern
                                          entrance of Zach's Bay in
                                          approximate position
                                          40[deg]36'16.53'' N,
                                          073[deg]28'57.26'' W.
                                          Additional
                                          stipulations: On July 27, 2014
                                          from 11:30 a.m. to 8 p.m.
                                          vessel speed in the regulated
                                          area is restricted to no wake
                                          speed or 6 knots, whichever is
                                          slower. On July 27, 2014 from
                                          3 p.m. to 5:30 p.m. vessels
                                          may only transit the regulated
                                          area in the northbound
                                          direction or outbound
                                          direction.

[[Page 47001]]

 
2 Connecticut River Raft Race,            Event type: Boat Race.
 Middletown, CT.                          Date: August 2, 2014.
                                          Time: 9:30 a.m. to
                                          2:30 p.m.
                                          Location: All waters
                                          of the Connecticut River near
                                          Middletown, CT between
                                          Gildersleeve Island (Marker
                                          no. 99) 41[deg]36'02.13'' N
                                          072[deg] 37'22.71'' W and
                                          Portland Riverside Marina
                                          (Marker no. 88)
                                          41[deg]33'38.30'' N
                                          072[deg]37'36.53'' W (NAD 83).
                                          Additional
                                          Stipulations: Vessels shall
                                          not anchor, block, loiter, or
                                          impede the transit of event
                                          participants or official
                                          patrol vessels in the
                                          regulated areas unless
                                          authorized by COTP or
                                          designated representative.
------------------------------------------------------------------------

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. The authority citation for Part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; and Department of Homeland Security 
Delegation No. 0170.1


0
4. Add Sec.  165.T01-0446 to read as follows:


Sec.  165.T01-0446  Safety Zones; Fireworks Displays and Swim Event in 
Captain of the Port Long Island Sound Zone.

    (a) Regulations. The general regulations contained in 33 CFR 165.23 
as well as the following regulations apply to the events listed in the 
TABLES 1 and 2 of Sec.  165.T01-0446.
    (b) Enforcement Period. This rule will be enforced on the dates and 
times listed for each event in TABLES 1 and 2 of Sec.  165.T01-0446. If 
the event is delayed by inclement weather, the safety zone will be 
enforced on the rain date indicated in TABLES 1 and 2 of Sec.  165.T01-
0446.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is 
any commissioned, warrant or petty officer of the U.S. Coast Guard who 
has been designated by the Captain of the Port (COTP), Sector Long 
Island Sound, to act on his or her behalf. The designated 
representative may be on an official patrol vessel or may be on shore 
and will communicate with vessels via VHF-FM radio or loudhailer. While 
members of the Coast Guard Auxiliary will not serve as the designated 
representative, they may be present to inform vessel operators of this 
regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (d) Vessels desiring to enter or operate within a safety zone 
should contact the COTP or the designated representative via VHF 
channel 16 or by telephone at (203) 468-4401 to obtain permission to do 
so. Vessels given permission to enter or operate in a safety zone must 
comply with all directions given to them by the COTP Sector Long Island 
Sound or the designated on-scene representative.
    (e) Upon being hailed by an official patrol vessel or the 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed. Failure to 
comply with a lawful direction may result in expulsion from the area, 
citation for failure to comply, or both.
    (f) Fireworks barges used in these locations will also have a sign 
on their port and starboard side labeled ``FIREWORKS--STAY AWAY.'' This 
sign will consist of 10 inch high by 1.5 inch wide red lettering on a 
white background.
    (g) For the swim event listed in TABLE 2 to Sec.  165.T01-446, 
vessels not associated with the event shall maintain a separation of at 
least 100 yards from the participants.

                     Table 1 to Sec.   165.T01-0446
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                            Fireworks Events
------------------------------------------------------------------------
1 Sebonack Golf Club Fireworks.........   Date: August 1, 2014.
                                          Rain Date: August 8,
                                          2014.
                                          Time: 9 p.m. to 10:30
                                          p.m.
                                          Location: All waters
                                          of Great Peconic Bay within
                                          1000 feet of the fireworks
                                          barge located \3/4\ of a mile
                                          northwest of Bullhead Bay,
                                          Shinnecock, NY in approximate
                                          position 40[deg]55'11.79'' N,
                                          072[deg]28'04.34'' W (NAD 83).
2 Bohlsen Wedding Fireworks............   Date: August 16, 2014.
                                          Rain Date: August 17,
                                          2014.
                                          Time: 8:45 p.m. to
                                          10:45 p.m.
                                          Location: All waters
                                          of Great South Bay within 600
                                          feet of the fireworks barge
                                          located near the entrance to
                                          Champlin Creek, East Islip, NY
                                          in approximate position
                                          40[deg]42'28.91'' N,
                                          073[deg]12'19.57'' W (NAD 83).
------------------------------------------------------------------------


[[Page 47002]]


                     Table 2 to Sec.   165.T01-0446
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                               Swim Events
------------------------------------------------------------------------
1 Island Beach Two Mile Swim...........   Date: August 9, 2014.
                                          Time: 8 a.m. until 11
                                          a.m.
                                          Location: All waters
                                          of Captain Harbor between
                                          Little Captain's Island and
                                          Bower's Island that are
                                          located within the box formed
                                          by connecting four points in
                                          the following positions.
                                          Beginning at 40[deg]59'23.35''
                                          N 073[deg]36'42.05'' W, then
                                          northwest to 40[deg]59'51.04''
                                          N 073[deg]37'57.32'' W, then
                                          southwest to 40[deg]59'45.17''
                                          N 073[deg]38'01.18'' W, then
                                          southeast to 40[deg]59'17.38''
                                          N 073[deg]36'45.90'' W, then
                                          northeast to the beginning
                                          point at 40[deg]59'23.35'' N
                                          073[deg]36'42.05'' W (NAD 83).
                                          All positions are approximate.
------------------------------------------------------------------------


    Dated: July 25, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2014-19054 Filed 8-11-14; 8:45 am]
BILLING CODE 9110-04-P