Special Local Regulations; Marine Events Held in the Sector Long Island Sound Captain of the Port Zone, 45015-45018 [2016-16518]
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Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
(a) Regulated Area. All waters of the
Atlantic Intracoastal Waterway
encompassed by a line connecting the
following points: Point 1 in position
33°39′13″ N., 079°05′36″ W.; thence
west to point 2 in position 33°39′17″ N.,
079°05′46″ W.; thence south to point 3
in position 33°38′53″ N., 079°05′39″ W.;
thence east to point 4 in position
33°38′54″ N., 079°05′31″ W.; thence
north back to point 1. All coordinates
are North American Datum 1983.
(b) Definition. As used in this section,
‘‘designated representative’’ means
Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty
officers, and other officers operating
Coast Guard vessels, and Federal, state,
and local officers designated by or
assisting the Captain of the Port
Charleston in the enforcement of the
regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area,
except persons and vessels participating
in Bucksport/Southeastern Drag Boat
Summer championship or serving as
safety vessels. Persons and vessels
desiring to enter, transit through, anchor
in, or remain within the regulated area
may contact the Captain of the Port
Charleston by telephone at (843)740–
7050, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated area is granted by
the Captain of the Port Charleston or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Charleston or a
designated representative.
(2) The Coast Guard will provide
notice of the regulated area by Marine
Safety Information Bulletins, Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement period. This rule will
be enforced daily from noon until 7 p.m.
on August 13, and August 14, 2016.
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§ 100.35T07–0011 Bucksport/Southeastern
Drag Boat Summer Championship Atlantic
Intracoastal Waterway; Bucksport, SC.
Coast Guard
Dated: June 27, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2016–16334 Filed 7–11–16; 8:45 am]
BILLING CODE 9110–04–P
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33 CFR Part 100
[Docket Number USCG–2016–0559]
RIN 1625–AA08
Special Local Regulations; Marine
Events Held in the Sector Long Island
Sound Captain of the Port Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing three special local
regulations for three separate marine
events within the Coast Guard Sector
Long Island Sound (LIS) Captain of the
Port (COTP) 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 is prohibited unless
authorized by COTP Sector Long Island
Sound.
DATES: This rule is effective without
actual notice from 12:01 a.m. on July 12,
2016 until 11:00 a.m. on August 6, 2016.
For the purposes of enforcement, actual
notice will be used from the date the
rule was signed, June 23, 2016, until
July 12, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0559 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, contact
Petty Officer Jay TerVeen, Prevention
Department, Coast Guard Sector Long
Island Sound, telephone (203) 468–
4446, email Jay.C.TerVeen@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983
II. Background Information and
Regulatory History
This rulemaking establishes three
special local regulations for two swim
events and one fireworks display. Each
event and its corresponding regulatory
history are discussed below.
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45015
The Jones Beach State Park Fireworks
is a recurring marine event with
regulatory history. This recurring event
is codified in Table 1 to 33 CFR 165.151
(7.19). The Coast Guard is using a
Special Local Regulation for this event
due to a determination that a safety zone
will be insufficient to mitigate the
event’s extra and unusual hazards this
year.
The Mystic Sharkfest Swim is a
recurring marine event with regulatory
history. A special local regulation was
established in 2015 for the Mystic
Sharkfest Swim event when the Coast
Guard issued a temporary rule entitled,
‘‘Special Local Regulation; Mystic
Sharkfest Swim; Mystic River; Mystic,
CT.’’
Island Beach Two Mile Swim is a
recurring marine event with regulatory
history. A special local regulation was
established for this event on July 29,
2015 via a temporary final rule entitled,
‘‘Special Local Regulations; Marine
Events held in the Sector Long Island
Sound Captain of the Port Zone.’’ This
rule was published on August 13, 2015
in the Federal Register (80 FR 48436).
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 an
NPRM with respect to this rule because
doing so would be impracticable. There
is insufficient time to publish an NPRM,
take public comments, and issue a final
rule before these events take place.
Thus, waiting for a comment period to
run would inhibit the Coast Guard’s
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.
III. Legal Authority and Need for Rule
The legal basis for this temporary rule
is 33 U.S.C. 1233.
The COTP Sector LIS has determined
that the special local regulations
established by this temporary final rule
are necessary to provide for the safety of
life on navigable waterways during
these events.
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Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations
IV. Discussion of the Rule
and one fireworks show. The locations
of these regulated areas are as follows:
This rule establishes three special
local regulations for two swim events
SPECIAL LOCAL REGULATIONS
1. Jones Beach Fireworks Display ..........................................................
2. Mystic Sharkfest Swim ........................................................................
3. Island Beach Two Mile Swim ..............................................................
This rule 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.
V. 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 and we discuss First Amendment
rights of protestors.
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A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
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Location: There will be three areas created for the special local regulation. The first area, ‘‘No Entry Area’’, is on the navigable waterway
located along the south shore of Jones Beach State Park. The second area, ‘‘Slow/No Wake Area’’, is located on the navigable waterway between Meadowbrook State Parkway and Wantagh State Parkway. The third area, ‘‘No Southbound Traffic Area’’, in the navigable
waters of Zach’s Bay.
Location: All waters of Mystic River off Mystic, CT contained within the
following area; beginning at a point on land in position at 41°21′41″
N., 071°58′01″ W.; then south-west across Mystic River to a point on
land in position at 41°21′36″ N., 071°58′05″ W.; near Pearl Street
then south-east along the shoreline to a point on land in position at
41°21′31″ N.; 071°58′02″ W.; near Park Place; then south-west
along the shoreline to a point on land in position at 41°21′27″ N.,
071°58′07″ W.; near Gravel Street; then south along the shoreline to
a point on land in position 41°21′10″ N, 071°58′14″ W.; then east
across Mystic River to a point on land in position 41°21′09″ N.,
071°58′11″ W.; then north along the shoreline to a point on land in
position 41°21′21″ N., 071°58′02″ W., then east along the shoreline
to a point on land in position 41°21′25″ N., 071°57′53″ W. near
Holmes Street, then north along the shoreline to a point on land in
position 41°21′38″ N., 071°57′53″ W.; near the Mystic Seaport Museum and then northwest along the shoreline back to point of origin
(NAD 83).
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).
Accordingly, it has not been reviewed
by the Office of Management and
Budget. The Coast Guard determined
that this rulemaking is not a significant
regulatory action for the following
reasons: (1) The enforcement of these
regulated areas will be relatively short
in duration, (2) persons or vessels
desiring entry into the ‘‘No Entry’’ areas
or a deviance from the stipulations
within the ‘‘Slow/No Wake Areas’’ may
be authorized to do so by the COTP
Sector Long Island Sound or designated
representative, may do so with
permission from the COTP Sector LIS or
a designated representative; (3) vessels
can operate within the regulated area
provided they do so in accordance with
the regulation and (4) before the
effective period, public notifications
will be made to local mariners through
appropriate means, which may include
the Local Notice to Mariners as well as
Broadcast Notice to Mariners.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
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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.
While some owners or operators of
vessels intending to transit these
regulated areas may be small entities,
for the reasons stated in section V.A
above, this rule will not have a
significant economic impact on any
vessel owner or operator. 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.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
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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 proposed rule or any policy
or action of the Coast Guard.
C. 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).
D. Federalism and Indian Tribal
Governments
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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E. 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.
F. 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 (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 temporary rule
involves the establishment of three
regulated areas. It 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
will be 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.
G. 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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for Part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.T01–0559 to read as
follows:
■
§ 100.T01–0559 Special Local Regulations;
Marine Events held in the Sector Long
Island Sound Captain of the Port Zone.
(a) Location. This section will be
enforced at the locations listed for each
event in the Table 1 to § 100.T01–0559.
(b) Enforcement Period. This rule will
be enforced on the dates and times
listed for each event in Table 1 to
§ 100.T01–0559.
(c) Definitions. The following
definitions apply to this section: A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant, or petty
officer of the U.S. Coast Guard who has
been designated by the 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. ‘‘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. In addition, members of
the Coast Guard Auxiliary may be
present to inform vessel operators of
this regulation.
(d) Regulations. (1) The general
regulations contained in 33 CFR 100.35
apply.
(2) Operators of vessels desiring to
deviate from these regulations should
contact the COTP Sector Long Island
Sound at (203) 468–4401 (Sector LIS
command center) or the designated
representative via VHF channel 16 to
obtain permission to do so.
(3) Any vessel given permission to
deviate from these regulations must
comply with all directions given to
them by the COTP Sector Long Island
Sound, or the designated on-scene
representative.
(4) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
TABLE 1 TO § 100.T01–0559—SPECIAL LOCAL REGULATIONS
1. Jones Beach Fireworks Display ..........................................................
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• Date: July 4, 2016.
• Rain Date: July 5, 2016.
• Time: 9:00 p.m. to 10:25 p.m.
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TABLE 1 TO § 100.T01–0559—SPECIAL LOCAL REGULATIONS—Continued
2. Mystic Sharkfest Swim ........................................................................
3. Island Beach Two Mile Swim ..............................................................
Dated: June 23, 2016.
K.B. Reed,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Long Island Sound.
[FR Doc. 2016–16518 Filed 7–11–16; 8:45 am]
BILLING CODE 9110–04–P
• Location: ‘‘No Entry Area’’: [Barge Location] ‘‘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°35′49.01″ N., 73°32′33.63″ W.;
then north along the Meadowbrook State Parkway to its intersection
with Merrick Road in approximate position 40°39′14.00″ N.,
73°34′00.76″ W.; then east along Merrick Road to its intersection
with Wantagh State Parkway in approximate position 40°39′51.32″
N., 73°30′43.36″ W.; then south along the Wantagh State Parkway
to its intersection with Ocean Parkway in approximate position
40°35′47.30″ N., 73°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°35′49.01″ N., 73°32′33.63″ W.;‘‘ 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°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.
• Date: July 9, 2016.
• Time: 7:30 a.m. to 10:00 a.m.
• Location: ‘‘All waters of Mystic River off Mystic, CT contained within
the following area; beginning at a point on land in position at
41°21′41″ N., 071°58′01″ W.; then south-west across Mystic River to
a point on land in position at 41°21′36″ N., 071°58′05″ W. near Pearl
Street then south-east along the shoreline to a point on land in position at 41°21′31″ N., 071°58′02″ W. near Park Place; then southwest along the shoreline to a point on land in position at 41°21′27″
N., 071°58′07″ W. near Gravel Street; then south along the shoreline
to a point on land in position 41°21′10″ N., 071°58′14″ W.; then east
across Mystic River to a point on land in position 41°21′09″ N.,
071°58′11″ W.; then north along the shoreline to a point on land in
position 41°21′21″ N., 071°58′02″ W., then east along the shoreline
to a point on land in position 41°21′25″ N., 071°57′53″ W. near
Holmes Street, then north along the shoreline to a point on land in
position 41°21′38″ N., 071°57′53″ W. near the Mystic Seaport Museum and then northwest along the shoreline back to point of origin’’
(NAD 83).
• Additional Stipulations: (1) In accordance with the general regulations found in section 100.35 of this part, we are requiring non-event
vessels transiting through the area during the enforcement period to
travel at no wake speeds or 6 knots, whichever is slower and that
vessels shall not block or impede the transit of event participants,
event safety vessels or official patrol vessels in the regulated area
unless authorized by the Captain of the Port (COTP) or designated
representatives. (2) All persons transiting through the area shall
maintain a minimum distance of 100 feet from the swimmers.
• Date: August 3, 2016.
• Time: 7:30 a.m. to 11:00 a.m.
• 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).
• Additional stipulations: All persons transiting through the area shall
maintain a minimum distance of 100 yards from the swimmers.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 100, 117, 147, and 165
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[USCG–2016–0607]
2016 Quarterly Listings; Safety Zones,
Security Zones, Special Local
Regulations, Drawbridge Operation
Regulations and Regulated Navigation
Areas
Coast Guard, DHS.
ACTION: Notice of expired temporary
rules issued.
AGENCY:
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This document provides
notice of substantive rules issued by the
Coast Guard that were made temporarily
effective but expired before they could
be published in the Federal Register.
This notice lists temporary safety zones,
security zones, special local regulations,
drawbridge operation regulations and
regulated navigation areas, all of limited
duration and for which timely
publication in the Federal Register was
not possible.
SUMMARY:
This document lists temporary
Coast Guard rules that became effective,
primarily between January 2016 and
March 2016, unless otherwise indicated,
DATES:
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]]>Agencies
[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Rules and Regulations]
[Pages 45015-45018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16518]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0559]
RIN 1625-AA08
Special Local Regulations; Marine Events Held in the Sector Long
Island Sound Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing three special local
regulations for three separate marine events within the Coast Guard
Sector Long Island Sound (LIS) Captain of the Port (COTP) 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 is prohibited unless
authorized by COTP Sector Long Island Sound.
DATES: This rule is effective without actual notice from 12:01 a.m. on
July 12, 2016 until 11:00 a.m. on August 6, 2016. For the purposes of
enforcement, actual notice will be used from the date the rule was
signed, June 23, 2016, until July 12, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0559 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Petty Officer Jay TerVeen, Prevention Department, Coast Guard
Sector Long Island Sound, telephone (203) 468-4446, email
Jay.C.TerVeen@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983
II. Background Information and Regulatory History
This rulemaking establishes three special local regulations for two
swim events and one fireworks display. Each event and its corresponding
regulatory history are discussed below.
The Jones Beach State Park Fireworks is a recurring marine event
with regulatory history. This recurring event is codified in Table 1 to
33 CFR 165.151 (7.19). The Coast Guard is using a Special Local
Regulation for this event due to a determination that a safety zone
will be insufficient to mitigate the event's extra and unusual hazards
this year.
The Mystic Sharkfest Swim is a recurring marine event with
regulatory history. A special local regulation was established in 2015
for the Mystic Sharkfest Swim event when the Coast Guard issued a
temporary rule entitled, ``Special Local Regulation; Mystic Sharkfest
Swim; Mystic River; Mystic, CT.''
Island Beach Two Mile Swim is a recurring marine event with
regulatory history. A special local regulation was established for this
event on July 29, 2015 via a temporary final rule entitled, ``Special
Local Regulations; Marine Events held in the Sector Long Island Sound
Captain of the Port Zone.'' This rule was published on August 13, 2015
in the Federal Register (80 FR 48436).
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 an NPRM with respect to this rule
because doing so would be impracticable. There is insufficient time to
publish an NPRM, take public comments, and issue a final rule before
these events take place. Thus, waiting for a comment period to run
would inhibit the Coast Guard's 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.
III. Legal Authority and Need for Rule
The legal basis for this temporary rule is 33 U.S.C. 1233.
The COTP Sector LIS has determined that the special local
regulations established by this temporary final rule are necessary to
provide for the safety of life on navigable waterways during these
events.
[[Page 45016]]
IV. Discussion of the Rule
This rule establishes three special local regulations for two swim
events and one fireworks show. The locations of these regulated areas
are as follows:
Special Local Regulations
------------------------------------------------------------------------
------------------------------------------------------------------------
1. Jones Beach Fireworks Display....... Location: There will be three
areas created for the special
local regulation. The first
area, ``No Entry Area'', is on
the navigable waterway located
along the south shore of Jones
Beach State Park. The second
area, ``Slow/No Wake Area'',
is located on the navigable
waterway between Meadowbrook
State Parkway and Wantagh
State Parkway. The third area,
``No Southbound Traffic
Area'', in the navigable
waters of Zach's Bay.
2. Mystic Sharkfest Swim............... Location: All waters of Mystic
River off Mystic, CT contained
within the following area;
beginning at a point on land
in position at 41[deg]21'41''
N., 071[deg]58'01'' W.; then
south-west across Mystic River
to a point on land in position
at 41[deg]21'36'' N.,
071[deg]58'05'' W.; near Pearl
Street then south-east along
the shoreline to a point on
land in position at
41[deg]21'31'' N.;
071[deg]58'02'' W.; near Park
Place; then south-west along
the shoreline to a point on
land in position at
41[deg]21'27'' N.,
071[deg]58'07'' W.; near
Gravel Street; then south
along the shoreline to a point
on land in position
41[deg]21'10'' N,
071[deg]58'14'' W.; then east
across Mystic River to a point
on land in position
41[deg]21'09'' N.,
071[deg]58'11'' W.; then north
along the shoreline to a point
on land in position
41[deg]21'21'' N.,
071[deg]58'02'' W., then east
along the shoreline to a point
on land in position
41[deg]21'25'' N.,
071[deg]57'53'' W. near Holmes
Street, then north along the
shoreline to a point on land
in position 41[deg]21'38'' N.,
071[deg]57'53'' W.; near the
Mystic Seaport Museum and then
northwest along the shoreline
back to point of origin (NAD
83).
3. Island Beach Two Mile Swim.......... 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).
------------------------------------------------------------------------
This rule 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.
V. 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 and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget. The Coast Guard determined that this rulemaking is not a
significant regulatory action for the following reasons: (1) The
enforcement of these regulated areas will be relatively short in
duration, (2) persons or vessels desiring entry into the ``No Entry''
areas or a deviance from the stipulations within the ``Slow/No Wake
Areas'' may be authorized to do so by the COTP Sector Long Island Sound
or designated representative, may do so with permission from the COTP
Sector LIS or a designated representative; (3) vessels can operate
within the regulated area provided they do so in accordance with the
regulation and (4) before the effective period, public notifications
will be made to local mariners through appropriate means, which may
include the Local Notice to Mariners as well as Broadcast Notice to
Mariners.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit
these regulated areas may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator. 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine
[[Page 45017]]
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
proposed rule or any policy or action of the Coast Guard.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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.
F. 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 (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
temporary rule involves the establishment of three regulated areas. It
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 will be 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.
G. 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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard 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.T01-0559 to read as follows:
Sec. 100.T01-0559 Special Local Regulations; Marine Events held in
the Sector Long Island Sound Captain of the Port Zone.
(a) Location. This section will be enforced at the locations listed
for each event in the Table 1 to Sec. 100.T01-0559.
(b) Enforcement Period. This rule will be enforced on the dates and
times listed for each event in Table 1 to Sec. 100.T01-0559.
(c) Definitions. The following definitions apply to this section: A
``designated representative'' is any Coast Guard commissioned, warrant,
or petty officer of the U.S. Coast Guard who has been designated by the
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. ``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. In addition, members
of the Coast Guard Auxiliary may be present to inform vessel operators
of this regulation.
(d) Regulations. (1) The general regulations contained in 33 CFR
100.35 apply.
(2) Operators of vessels desiring to deviate from these regulations
should contact the COTP Sector Long Island Sound at (203) 468-4401
(Sector LIS command center) or the designated representative via VHF
channel 16 to obtain permission to do so.
(3) Any vessel given permission to deviate from these regulations
must comply with all directions given to them by the COTP Sector Long
Island Sound, or the designated on-scene representative.
(4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel shall proceed
as directed.
Table 1 to Sec. 100.T01-0559--Special Local Regulations
------------------------------------------------------------------------
------------------------------------------------------------------------
1. Jones Beach Fireworks Display....... Date: July 4, 2016.
Rain Date: July 5,
2016.
Time: 9:00 p.m. to
10:25 p.m.
[[Page 45018]]
Location: ``No Entry
Area'': [Barge Location]
``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.;`` 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.
2. Mystic Sharkfest Swim............... Date: July 9, 2016.
Time: 7:30 a.m. to
10:00 a.m.
Location: ``All waters
of Mystic River off Mystic, CT
contained within the following
area; beginning at a point on
land in position at
41[deg]21'41'' N.,
071[deg]58'01'' W.; then south-
west across Mystic River to a
point on land in position at
41[deg]21'36'' N.,
071[deg]58'05'' W. near Pearl
Street then south-east along
the shoreline to a point on
land in position at
41[deg]21'31'' N.,
071[deg]58'02'' W. near Park
Place; then south-west along
the shoreline to a point on
land in position at
41[deg]21'27'' N.,
071[deg]58'07'' W. near Gravel
Street; then south along the
shoreline to a point on land
in position 41[deg]21'10'' N.,
071[deg]58'14'' W.; then east
across Mystic River to a point
on land in position
41[deg]21'09'' N.,
071[deg]58'11'' W.; then north
along the shoreline to a point
on land in position
41[deg]21'21'' N.,
071[deg]58'02'' W., then east
along the shoreline to a point
on land in position
41[deg]21'25'' N.,
071[deg]57'53'' W. near Holmes
Street, then north along the
shoreline to a point on land
in position 41[deg]21'38'' N.,
071[deg]57'53'' W. near the
Mystic Seaport Museum and then
northwest along the shoreline
back to point of origin'' (NAD
83).
Additional
Stipulations: (1) In
accordance with the general
regulations found in section
100.35 of this part, we are
requiring non-event vessels
transiting through the area
during the enforcement period
to travel at no wake speeds or
6 knots, whichever is slower
and that vessels shall not
block or impede the transit of
event participants, event
safety vessels or official
patrol vessels in the
regulated area unless
authorized by the Captain of
the Port (COTP) or designated
representatives. (2) All
persons transiting through the
area shall maintain a minimum
distance of 100 feet from the
swimmers.
3. Island Beach Two Mile Swim.......... Date: August 3, 2016.
Time: 7:30 a.m. to
11:00 a.m.
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).
Additional
stipulations: All persons
transiting through the area
shall maintain a minimum
distance of 100 yards from the
swimmers.
------------------------------------------------------------------------
Dated: June 23, 2016.
K.B. Reed,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Long
Island Sound.
[FR Doc. 2016-16518 Filed 7-11-16; 8:45 am]
BILLING CODE 9110-04-P
