[Federal Register Volume 75, Number 128 (Tuesday, July 6, 2010)]
[Rules and Regulations]
[Pages 38710-38712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16367]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2009-0520]
RIN 1625-AA08
Special Local Regulation, Fran Schnarr Open Water Championships,
Huntington 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 the navigable waters of Huntington Bay, New York due to
the annual Fran Schnarr Open Water Championships. 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 6, 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-2009-0520 and are available online by going to
http://www.regulations.gov, inserting USCG-2009-0520 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 March 22, 2010, the Coast Guard published a Supplemental Notice
of Proposed Rulemaking (SNPRM) entitled ``Special Local Regulation,
Fran Schnarr Open Water Championships, Huntington Bay, NY'' in the
Federal Register (75 FR 13454). The Coast Guard received no comments or
requests for meetings on the proposed rule.
The Coast Guard is issuing this temporary final rule without the
30-day delayed effective date normally required by the Administrative
Procedure Act (APA) (5 U.S.C. 553(d)). Under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register. To delay
the effective date in this case would be impractical and unnecessary.
Delay would be impractical because it would require that the event be
rescheduled, a change which would affect hundreds of persons. Delay is
also unnecessary because this event is not controversial; in the three
months since the initial notice of proposed rulemaking, exactly zero
comments have been received.
Basis and Purpose
The Fran Schnarr Open Water Championships is an annual open water
swim on the waters of Huntington Bay, NY. This swim has historically
involved up to 150 swimmers and accompanying safety craft. 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
Huntington Bay, New York that excludes all unauthorized persons and
vessels from approaching within 100 yards of any swimmer or safety
craft on the race course.
Background
On October 6, 2009 the Coast Guard published a Notice of Proposed
Rulemaking with request for comments titled, ``Special Local
Regulation, Fran Schnarr Open Water Championships, Huntington Bay, NY''
(Docket number USCG-2009-0520) in the Federal Register (74 FR 51243).
The notice proposed a regulated area encompassing 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 the
Bay would have to pass through the regulated area putting a burden on
vessel traffic. This regulated area was considered but was not chosen
due to its burden on vessel traffic.
On March 22, 2010, the Coast Guard published a supplemental notice
of proposed rulemaking (SNPRM) entitled: Special Local Regulation, Fran
Schnarr Open Water Championships,
[[Page 38711]]
Huntington Bay, NY in the Federal Register (75 FR 13454).
This notice proposes 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. We did not receive any comments regarding the impact 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 SNPRM 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 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. As stated previously, there were no comments received from the
previous rulemaking.
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
[[Page 38712]]
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 a Supplemental Notice of
Proposed Rulemaking with an invitation to comment on March 22, 2010. 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: Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.122 to read as follows:
Sec. 100.122 Fran Schnarr Open Water Championships, Huntington Bay,
New York.
(a) Regulated area. All navigable waters of Huntington Bay, NY
within 100 yards of any swimmer or safety craft on the race course
bounded by the following points: Start/Finish at approximate position
40[deg]54'25.8'' N 073[deg]24'28.8'' W, East Turn at approximate
position 40[deg]54'45'' N 073[deg]23'36.6'' W and a West Turn at
approximate position 40[deg]54'31.2'' N 073[deg]25'21'' W.
(b) Definitions. The following definitions apply to this section:
Designated On-scene Patrol Personnel means any commissioned, warrant or
petty officer 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 Fran Schnarr Open Water
Championships 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 from 7:15 a.m. to
11:30 a.m. on July 11, 2010 and thereafter on a specified day each July
to be determined on an annual basis. Notification of the specific date,
times 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 1, 2010.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2010-16367 Filed 7-2-10; 8:45 am]
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