[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Rules and Regulations]
[Pages 34634-34636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14719]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2009-0395]
RIN 1625-AA08
Special Local Regulation; Swim Across the Sound, Long Island
Sound, Port Jefferson, NY to Captain's Cove Seaport, Bridgeport, CT
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent Special Local
Regulation on the navigable waters of Long Island Sound between Port
Jefferson, NY and Captain's Cove Seaport, Bridgeport, CT due to the
annual Swim Across the Sound event. This special local regulation is
necessary to provide for the safety of life by protecting swimmers and
their safety craft from the hazards imposed by marine traffic. 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 July 19, 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-2009-0395 and are available online by going to
http://www.regulations.gov, inserting USCG-2009-0395 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 Petty Officer Joseph Graun, Prevention Department, USCG
Sector Long Island Sound at 203-468-4454, [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 21, 2009 the Coast Guard published a notice of proposed
rulemaking with request for comments titled, ``Special Local
Regulation, Swim Across the Sound, Long Island Sound, Port Jefferson,
NY to Captain's Cove Seaport, Bridgeport, CT'' (Docket number USCG-
2009-0395) in the Federal Register (74 FR 35834).
On April 2, 2010, the Coast Guard published a supplemental notice
of proposed rulemaking (SNPRM) entitled: Special Local Regulation, Swim
Across the Sound, Long Island Sound, Port Jefferson, NY to Captain's
Cove Seaport, Bridgeport, CT in the Federal Register (75 FR 16700). The
Coast Guard received no comments or requests for meetings on the
proposed rule.
Basis and Purpose
Swim Across the Sound is a 25 km swim that has historically
involved over 200 swimmers and accompanying safety craft. The swim
course is located directly northwest of Port Jefferson, NY and extends
to Captain's Cove Seaport, Bridgeport, CT. Prior to this rule there was
not a permanent regulation in place to protect the swimmers or safety
craft from the hazards imposed by marine traffic. To provide for the
safety of life, the Coast Guard is establishing a permanent special
local regulation on the navigable waters of Long Island Sound that
excludes all unauthorized persons and vessels from approaching within
100 yards of any swimmer or safety craft on the race course. This
section will be enforced from 8:30 a.m. to 7:30 p.m. on August 7, 2010
and thereafter annually on a single, specified Saturday in either July
or August. Notification of the exact dates will be announced in the
Federal Register, via a Notice of Enforcement, and separate Marine
Broadcasts and a local notice to mariners.
Background
On July 21, 2009, the notice of proposed rulemaking's regulated
area encompassed 100 yards around the race course for the duration of
the race. This provided safety of life for swimmers and safety craft,
but any vessel transiting through Long Island Sound would have to pass
through the regulated area, putting a burden on vessel traffic. Due to
the length of the race course, participants will only be occupying a
small portion of the course at any given time. This regulated area, was
considered but was not chosen due to its burden on vessel traffic.
On April 2, 2010, the Coast Guard published a supplemental notice
of proposed rulemaking (SNPRM) entitled: Special Local Regulation, Swim
Across the Sound, Long Island Sound, Port Jefferson, NY to Captain's
Cove Seaport, Bridgeport, CT in the Federal Register
[[Page 34635]]
(75 FR 16700). This notice proposed a 100-yard regulated area that
encompasses the swimmers and safety craft moving with them as they
travel the race course. This moving regulated area provides protection
for swimmers and safety craft, with a much smaller regulated area. It
allows vessels to pass through the race course as long as they stay
clear of the swimmers and safety craft, reducing the burden on vessel
traffic. This proposal was chosen because it provides the same amount
of safety as the previously proposed regulated area while being less of
a burden on vessel traffic.
Discussion of Comments and Changes
No comments or requests for meetings were received. However, during
the final edits of the Final Rule we realized that the description of
the regulated area was incorrect and needed clarification. A
supplemental notice of proposed rulemaking with request for comments
was then published to provide clarification of the regulatory text and
minimize the regulated area.
The changes in the text redefined the regulated area from 100 yards
of the race course to 100 yards from any swimmer or safety craft so
that it 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.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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 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
[[Page 34636]]
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. 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
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. 100.121 to read as follows:
Sec. 100.121 Swim Across the Sound, Long Island Sound, Port
Jefferson, NY to Captain's Cove Seaport, Bridgeport, CT.
(a) Regulated area. All navigable waters of Long Island Sound
within 100 yards of any swimmer or safety craft on the race course
bounded by the following points: Starting Point at Port Jefferson Beach
at approximate position 40[deg]58'11.71'' N 073[deg]05'51.12'' W,
north-westerly to the finishing point at Captain's Cove Seaport at
approximate location 41[deg]09'25.07'' N 073[deg]12'47.82'' W.
(b) Definitions. The following definition applies to this section:
Designated On-scene Patrol Personnel, means any commissioned, warrant
and petty officers of the U.S. Coast Guard operating Coast Guard
vessels who have been authorized to act on the behalf of the Captain of
the Port Long Island Sound.
(c) Special local regulations. (1) No person or vessel may approach
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 Swim Across the Sound event or
are otherwise authorized by the Captain of the Port Long Island Sound
or by Designated On-scene Patrol Personnel.
(2) All persons and vessels must comply with the instructions from
Coast Guard Captain of the Port or the Designated On-scene Patrol
Personnel. The Designated On-scene Patrol Personnel may delay, modify,
or cancel the swim event as conditions or circumstances require.
(3) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
(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 by contacting them on
VHF-16 or by a request to the Captain of the Port Long Island Sound via
phone at (203) 468-4401.
(d) Enforcement Period. This rule is enforced on August 7, 2010 and
thereafter annually on a single Saturday during the last weekend of
July or one of the first two weekends in August, depending on the
tides. Notification of the specific date and enforcement of the special
local regulation will be made via a Notice of Enforcement in the
Federal Register, separate marine broadcasts and local notice to
mariners.
Dated: June 3, 2010.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2010-14719 Filed 6-17-10; 8:45 am]
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