[Federal Register Volume 75, Number 103 (Friday, May 28, 2010)]
[Rules and Regulations]
[Pages 29891-29893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12844]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2009-0302]
RIN 1625-AA08
Special Local Regulation; Maggie Fischer Memorial Great South Bay
Cross Bay Swim, Great South Bay, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent special local
regulation on Great South Bay, NY between Gilbert Park, Brightwaters,
NY and Fire Island Lighthouse Dock, Fire Island, NY due to the annual
Maggie Fischer Memorial Great South Bay Cross Bay Swim. This special
local regulation is necessary to protect swimmers, safety vessels and
the boating public on the navigable waters of Great South Bay, NY.
Entry into this zone is prohibited unless authorized by the Captain of
the Port Long Island Sound, New Haven, CT.
DATES: This rule is effective June 28, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0302 and are available online by going to
http://www.regulations.gov, inserting USCG-2009-0302 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, 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 e-mail: Chief Petty Officer Christie Dixon, Prevention
Department, USCG Sector Long Island Sound at 203-468-4459,
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On July 8, 2009 we published an Interim Rule with a request for
comments entitled, Special Local Regulation, Maggie Fischer Memorial
Great South Bay Cross Bay Swim, Great South Bay, NY, in the Federal
Register (74 FR 32428). We did not receive any comments or requests for
meetings in response to the Interim Rule.
Basis and Purpose
The Cross Bay Swim has been successfully held off and on from the
early 1900's on the waters of Great South Bay, NY. This 5.25 mile swim
has historically involved up to 100 swimmers and accompanying safety
craft that travel along a course located directly north of the Fire
Island Lighthouse Dock, NY and extending to Gilbert Park in
Brightwaters, NY. Prior to this rule there was not a regulation in
place to protect the swimmers or safety craft from the hazards imposed
by marine traffic.
To ensure the continued safety of the swimmers, safety craft and
the boating public, the Coast Guard is establishing a permanent special
local regulation on the navigable waters of the Great South Bay, New
York that would exclude all unauthorized persons and vessels from
approaching within 100 yards of any swimmer or safety craft on the race
course from 6:30 a.m. to 12:30 p.m. on the day of the race.
Entry into this zone is prohibited unless authorized by the Captain
of the Port Long Island Sound or by designated on-scene patrol
personnel. Any violation of the safety zone described herein is
punishable by, among other things, civil and criminal penalties, in rem
liability against the offending vessel, and the initiation of
suspension or revocation proceedings against Coast
[[Page 29892]]
Guard-issued merchant mariner credentials.
Discussion of Comments and Changes
A small number of changes are being made to minimize the size of
the regulated area and reduce the burden on vessel traffic by
minimizing the restrictions in the regulated area. Even though the
bounds of the regulated area were discussed in the Small Entities
section, and no comments were received, we are clarifying sections (a)
and (c) to read as set forth in the regulatory text of this final rule.
The changes in the text redefined the regulated area from ``within
100 yards of the swim event race course'' to ``within 100 yards from
each swimmer or safety craft on the swim event race course'' so the
regulated area would not block the entire waterway. This will reduce
the burden on vessels by allowing them to pass through the race course
as long as they stay clear of the swimmers and safety craft.
Also, paragraph (d) has been revised to provide the public
additional notice of enforcement dates and times through publication of
an advance notice each year in the Federal Register.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This 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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit in those portions of Great South Bay, NY covered by the special
local regulation. Although the safety zone would apply to the entire
width of the bay, traffic would be allowed to pass through the zone,
outside 100 yards of any swimmer or safety craft. Before the activation
of the zone, we would issue maritime advisories widely available to
users of the waterway. Additionally, the rule would only be in effect
for a period of 6-7 hours for one day per year.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the Interim Rule we offered
to assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
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.
Collection of Information
This rule calls 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 rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (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.
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.
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.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
[[Page 29893]]
voluntary consensus standards in their regulatory activities unless the
agency provides Congress, through the Office of Management and Budget,
with an explanation of why using these standards would be inconsistent
with applicable law or otherwise impractical. Voluntary consensus
standards are technical standards (e.g., specifications of materials,
performance, design, or operation; test methods; sampling procedures;
and related management systems practices) that are developed or adopted
by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule finalizes the establishment of a special
local regulation that was published as an Interim Rule with an
invitation to comment on July 8, 2009. No comments were received that
would affect the assessment of environmental impacts from this action.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
Accordingly, the interim rule amending 33 CFR part 100, which was
published at 74 FR 32428 on July 8, 2009, is adopted as a final rule
with the following changes:
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. In Sec. 100.124, revise paragraphs (a), (c)(1), (c)(4), and (d) to
read as follows:
Sec. 100.124 Maggie Fischer Memorial Great South Bay Cross Bay Swim,
Great South Bay, New York.
(a) Regulated area. All navigable waters of Great South Bay, NY
within a 100 yard radius of each swimmer or safety craft on the swim
event race course bounded by the following points: Starting Point at
the Fire Island Lighthouse Dock in approximate position 40[deg]38'01''
N 073[deg]13'07'' W, northerly through approximate points
40[deg]38'52'' N 073[deg]13'09'' W, 40[deg]39'40'' N 073[deg]13'30'' W,
40[deg]40'30'' N 073[deg]14'00'' W, and finishing at Gilbert Park,
Brightwaters, NY at approximate position 40[deg]42'25'' N
073[deg]14'52'' W.
* * * * *
(c) Special local regulation. (1) No person or vessel may enter,
transit, or remain within 100 yards of any swimmer or safety craft
within the regulated area during the enforcement period of this
regulation unless they are officially participating in the Maggie
Fischer Memorial Great South Bay Cross Bay Swim event or are otherwise
authorized by the Captain of the Port Long Island Sound or by
designated on-scene patrol personnel.
* * * * *
(4) Persons and vessels desiring to enter the regulated area within
100 yards of a swimmer or safety craft may request permission to enter
from the designated on scene patrol personnel on VHF-16 or the Captain
of the Port, Long Island Sound via phone at (203) 468-4401.
(d) Enforcement Period. This section will be enforced annually on a
date to be determined each July. Public notification of the specific
date and times of enforcement will be made each year via a Notice of
Enforcement in the Federal Register, separate marine broadcasts and
local notice to mariners.
Dated: May 3, 2010.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2010-12844 Filed 5-27-10; 8:45 am]
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