[Federal Register: February 10, 2004 (Volume 69, Number 27)]
[Proposed Rules]
[Page 6221-6223]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe04-35]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-03-025]
RIN 1625-AA00
Safety Zone; Coast Guard Station Fire Island, Fire Island, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a safety zone in the
waters adjacent to Coast Guard Station Fire Island, Fire Island, New
York. This proposed zone would ensure safety of the boating community
and Coast Guard vessels when prompt response is needed for Coast Guard
vessels to respond to mariners' or other requests for assistance. This
zone would exclude all vessels from operating within the prescribed
safety zone without first obtaining authorization from the Captain of
the Port, Long Island Sound.
DATES: Comments and related material must reach the Coast Guard on or
before April 12, 2004.
ADDRESSES: You may mail comments and related material to Waterways
Management, Coast Guard Group/Marine Safety Office Long Island Sound,
120 Woodward Avenue, New Haven, CT 06512. Coast Guard Group/MSO Long
Island Sound maintains the public docket for this rulemaking. Comments
and material received from the public, as well as documents indicated
in this preamble as being available in the docket, will become part of
this docket and will be available for inspection or copying at Group/
MSO Long Island Sound, New Haven, CT, between 9 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant A. Logman, Waterways
Management Officer, Coast Guard Group/Marine Safety Office Long Island
Sound at (203) 468-4429.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-03-
025), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know if
your submission reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for a meeting by writing to Coast Guard Group/Marine Safety
Office Long Island Sound at the address under ADDRESSES explaining why
one would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
United States Coast Guard Station (STA) Fire Island is located in
Babylon, New York, on the northern shore of Fire Island, Long Island,
New York. The waters north of Station, Fire Island Inlet, attract
numerous recreational and small charter fishing vessels each year from
May through October. Throughout the summer months and fishing season,
the waters immediately surrounding the Station and within a quarter
mile radius of the Station become heavily congested with vessels,
mainly consisting of recreational boaters. The accumulation of vessels
immediately in front of the station present a continuous hindrance to
the safety of Coast Guard vessels responding to search and rescue or
other maritime emergencies, and hamper their ability to respond
expeditiously. The proposed zone would be established by reference to
coordinates, representing an area approximately 100 yards seaward from
STA Fire Island vessels, facilities and property.
The proposed zone has been tailored to fit the needs of safety,
while minimizing the impact on the maritime community. All coordinates
are North American Datum 1983.
No person or vessel would be permitted to enter or remain in a
prescribed safety zone for any time without the permission of the COTP.
Each person or vessel in the proposed safety zone would be required to
obey any direction or order of the COTP. Any violation of the proposed
safety zone described herein, would be punishable by, among others,
civil penalties (not to exceed $32,500 per violation, where each day of
a continuing violation is a separate violation), criminal penalties
(imprisonment for not more than 6 years and a fine of not more than
$250,000), in rem liability against the offending vessel, or license
sanctions. This regulation is proposed under the authority contained in
33 U.S.C. 1223 and 1225 and the regulations promulgated thereunder.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. This proposed regulation could
have some impact on the public, but these potential impacts would be
minimized because the proposed safety zone would encompass
[[Page 6222]]
only a small portion of Fire Island Inlet allowing sufficient room for
vessels to operate or anchor outside of the zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule may affect the following
entities, some of which may be small entities: The owners or operators
of vessels intending to transit or anchor in that portion of Fire
Island Inlet covered by the proposed safety zone.
For the reasons outlined in the Regulatory Evaluation section
above, this proposed rule would not have a significant impact on a
substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this proposed rule so
that they can better evaluate its effects on them and participate in
the rulemaking. If the proposed rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please call
Lieutenant A. Logman, Waterways Management Officer, Group/Marine Safety
Office Long Island Sound, at (203) 468-4429.
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).
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it would not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not concern an environmental risk to health or risk to safety
that may disproportionately affect children.
Indian Tribal Governments
This proposed rule would not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
government and Indian tribes, or on the distribution of power and
responsibilities between the Federal government and Indian tribes.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on how this proposed rule could impact tribal
governments, even if that impact would not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it would not be a
``significant energy action'' under that order because it would not be
a ``significant regulatory action'' under Executive Order 12866 and
would not likely have a significant adverse effect on the supply,
distribution, or use of energy. It has not been designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that, under figure 2-1, paragraph 34(g), of
Commandant Instruction M16475.1D, this proposed rule is categorically
excluded from further environmental documentation. A ``Categorical
Exclusion Determination'' is available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
[[Page 6223]]
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.152 to read as follows:
Sec. 165.152 Coast Guard Station Fire Island, Long Island, New York--
safety zone.
(a) Location. The safety zone consists of all waters of Fire Island
Inlet encompassed by a line connecting the following points,
4037.523' N, 07315.685' W; then north to
4037.593' N, 07315.719' W; then east to
40-37.612 N, 07315.664' W; then east to
4037.630' N, 07315.610' W; then east to
4037.641' N, 07315.558' W; then southeast
to 4037.630' N, 07315.475' W; then
southeast to 4037.625' N, 07315.369' W;
then southeast to 4037.627' N, 07315.318'
W; then southeast to point on shore at 4037.565' N,
07315.346' W. All coordinates are North American Datum
1983.
(b) Regulations. (1) The general regulations contained in 33 CFR
Sec. 165.23 apply.
(2) All persons and vessels must comply with the Coast Guard
Captain of the Port or designated on-scene patrol personnel. These
personnel comprise commissioned, warrant and petty officers of the U.S.
Coast Guard. 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.
Dated: November 17, 2003.
Joseph J. Coccia,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 04-2746 Filed 2-9-04; 8:45 am]
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