[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 59966-59968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24236]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0138]
RIN 1625-AA00
Safety Zone; New York Air Show at Jones Beach State Park,
Wantagh, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent safety zone for
the annual New York Air Show at Jones Beach State Park in Wantagh, New
York. This safety zone is necessary to provide for the safety of
navigation and protection of the maritime public from the hazards
inherent with an air show which consists of aircraft performing
aerobatic maneuvers over the Atlantic Ocean off of Jones Beach State
Park.
DATES: This rule is effective October 29, 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-2010-0138 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0138 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 203-468-4459, e-mail:
[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 April 21, 2010, we published a notice of proposed rulemaking
(NPRM) entitled: Safety Zone; New York Air Show at Jones Beach State
Park, Atlantic Ocean off of Jones Beach, Wantagh, NY, in the Federal
Register (75 FR 20802). We received no comments or requests for a
public meeting on the proposed rule.
Basis and Purpose
The Air Show consists of aircraft performing aerobatics in close
proximity to other aircraft over a specified area of the Atlantic Ocean
off of Jones Beach State Park. The safety zone will provide for the
safety of the maritime community and spectators viewing the Air Show
from the water should an accident, such as a collision of aircraft,
occur during the Show.
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 Guard-issued
merchant mariner credentials.
Background
The New York State Office of Parks, Recreation and Historic
Preservation sponsors an annual air show at Jones Beach State Park
during the week before Memorial Day. In the past the Coast Guard
established temporary regulations for this event every year and was not
previously published in the CFR. The Notice of Proposed Rulemaking
process provided the opportunity for public comments to be voiced and
eliminated the unnecessary burden of establishing temporary rules every
year.
Discussion of Comments and Changes
During the Notice of Proposed Rulemaking process, the sponsor of
the event informed the Coast Guard that the dates of the enforcement
period needed to be changed. The original proposed dates for the safety
zone were from May 24, 2010 until May 30, 2010 allowing enforcement of
the safety zone during the air show practice sessions. There will no
longer be a practice session; therefore, the safety zone will only be
needed during the main event on the Thursday through Sunday before
Memorial Day in May.
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 or anchor in those portions of the Atlantic Ocean off of Jones
Beach State Park, Jones Beach, New York covered by the safety zone.
This regulation may have some impact on the public, but the
potential impact will be minimized for the following reasons: The zone
would only be enforced for a temporary period each day over a four day
period; and vessels may transit in all areas around the zone at all
times.
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-
[[Page 59967]]
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.
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 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)(g), of
the Instruction. This rule involves establishing safety zones and
therefore falls within the categorical exclusion noted above. 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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226 and 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.159 to read as follows:
Sec. 165.159 Safety Zone: New York Air Show at Jones Beach State
Park, Wantagh, NY.
(a) Location. The following waters of the Atlantic Ocean off of
Jones Beach State Park, Wantagh, NY are designated a safety zone:
Beginning at a point on land located in Jones Beach State Park at
approximate position 40[deg]35'06'' N, 073[deg]32'37'' W, then running
east along the shoreline of Jones Beach State Park to approximate
position 40[deg]35'49'' N, 073[deg]28'47'' W; then running south to a
position in the Atlantic Ocean off of Jones Beach at approximate
position 40[deg]35'05'' N, 073[deg]28'34'' W; then running west to
approximate position 40[deg]34'23'' N, 073[deg]32'23'' W; then running
north to the point of origin. All coordinates are North American Datum
1983.
(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) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or movement within this zone is
prohibited unless authorized by the Captain of the Port Long Island
Sound or designated on-scene patrol personnel.
(2) All persons and vessels must comply with the Coast Guard
Captain of the Port or designated on-scene patrol personnel. On-scene
Coast Guard patrol personnel include commissioned,
[[Page 59968]]
warrant, and petty officers of the Coast Guard on board Coast Guard,
Coast Guard Auxiliary, and local, State, and Federal law enforcement
vessels.
(3) Upon being hailed by siren, radio, flashing light or other
means from a U.S. Coast Guard vessel or other vessel with on-scene
patrol personnel aboard, the operator of the vessel shall proceed as
directed.
(4) Persons and vessels desiring to enter the regulated area 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 will be enforced annually on the
Thursday through Sunday before Memorial Day in May. Notification of the
enforcement of the safety zone will be made via marine broadcasts and
local notice to mariners.
Dated: May 24, 2010.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 2010-24236 Filed 9-28-10; 8:45 am]
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