81_FR_36574 81 FR 36465 - Special Local Regulations; Marine Events Held in the Sector Long Island Sound Captain of the Port Zone

81 FR 36465 - Special Local Regulations; Marine Events Held in the Sector Long Island Sound Captain of the Port Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 109 (June 7, 2016)

Page Range36465-36468
FR Document2016-13414

The Coast Guard is establishing two special local regulations for two separate marine events within the Coast Guard Sector Long Island Sound (LIS) Captain of the Port (COTP) Zone. This temporary final rule is necessary to provide for the safety of life on navigable waters during these events. Entry into, transit through, mooring or anchoring within these regulated areas is prohibited unless authorized by COTP Sector Long Island Sound.

Federal Register, Volume 81 Issue 109 (Tuesday, June 7, 2016)
[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Rules and Regulations]
[Pages 36465-36468]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13414]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0324]
RIN 1625-AA08


Special Local Regulations; Marine Events Held in the Sector Long 
Island Sound Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing two special local regulations 
for two separate marine events within the Coast Guard Sector Long 
Island Sound (LIS) Captain of the Port (COTP) Zone. This temporary 
final rule is necessary to provide for the safety of life on navigable 
waters during these events. Entry into, transit through, mooring or 
anchoring within these regulated areas is prohibited unless authorized 
by COTP Sector Long Island Sound.

DATES: This rule is effective without actual notice from 12:01 a.m. on 
June 7, 2016 until 5 p.m. on June 12, 2016. For the purposes of 
enforcement, actual notice will be used from the date the rule was 
signed, 18 May, 2016, until June 7, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0324 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact Petty Officer Jay TerVeen, Prevention Department, Coast Guard 
Sector Long Island Sound, telephone (203) 468-4446, email 
Jay.C.TerVeen@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983

II. Background Information and Regulatory History

    This rulemaking establishes two special local regulations for one 
regatta and one air show. Each event and its corresponding regulatory 
history are discussed below.
    Jones Beach (Air Show): A special local regulation was established 
in 2015 for the Jones Beach Air Show event when the Coast Guard issued 
a final rule entitled, ``Special Local Regulations and Safety Zones; 
Marine Events held in the Sector Long Island Sound Captain of the Port 
Zone''. This rulemaking was published on May 18, 2015 in the Federal 
Register (80 FR 28176).
    The Harvard-Yale Regatta is a reoccurring marine event with 
regulatory history and is cited in 33 CFR 100.100(1.1). This event has 
been included in this rule due to deviation from the cite date.
    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM with respect to this rule 
because doing so would be impracticable and contrary to the public 
interest. There is insufficient time to publish an NPRM, take public 
comments, and issue a final rule before these events take place. Thus, 
waiting for a comment period to run would inhibit the Coast Guard's 
mission to keep the ports and waterways safe.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the 
preceding paragraph, the Coast Guard finds that good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register.

III. Legal Authority and Need for Rule

    The legal basis for this temporary rule is 33 U.S.C. 1233.
    The COTP Sector LIS has determined that the special local 
regulations established by this temporary final rule are necessary to 
provide for the safety of life on navigable waterways during these 
events.

IV. Discussion of the Rule

    This rule establishes two special local regulations for one regatta 
and one air show. The locations of these regulated areas are as 
follows:

[[Page 36466]]



                                            Special Local Regulations
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
1....................................  Jones Beach Air Show...  Location: There will be three areas created for
                                                                 the special local regulation. The first area,
                                                                 ``No Entry Area'', is on the navigable waterway
                                                                 located along the south shore of Jones Beach
                                                                 State Park. The second area, ``Slow/No Wake
                                                                 Area'', is located on the navigable waterway
                                                                 between Meadowbrook State Parkway and Wantagh
                                                                 State Parkway. The third area, ``No Southbound
                                                                 Traffic Area'', in the navigable waters of
                                                                 Zach's Bay.
2....................................  Harvard-Yale Regatta...  Location: All waters of the Thames River at New
                                                                 London, Connecticut, between the Penn Central
                                                                 Draw Bridge 41[deg]21'46.94'' N.
                                                                 072[deg]5'14.46'' W. to Bartlett Cove
                                                                 41[deg]25'35.9'' N. 072[deg]5'42.89'' W. (NAD
                                                                 83).
----------------------------------------------------------------------------------------------------------------

    This rule establishes additional vessel movement rules within areas 
specifically under the jurisdiction of the special local regulations 
during the periods of enforcement unless authorized by the COTP or 
designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and Executive order and we discuss First 
Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget. The Coast Guard determined that this rulemaking is not a 
significant regulatory action for the following reasons: (1) The 
enforcement of these regulated areas will be relatively short in 
duration, (2) persons or vessels desiring entry into the ``No Entry'' 
area or a deviance from the stipulations within the ``Slow/No Wake 
Area'' may be authorized to do so by the COTP Sector Long Island Sound 
or designated representative, may do so with permission from the COTP 
Sector LIS or a designated representative; (3) vessels can operate 
within the regulated area provided they do so in accordance with the 
regulation and (4) before the effective period, public notifications 
will be made to local mariners through appropriate means, which may 
include the Local Notice to Mariners as well as Broadcast Notice to 
Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    While some owners or operators of vessels intending to transit 
these regulated areas may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator. Under section 213(a) of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 
104-121), we want to assist small entities in understanding this rule. 
If the rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact the person listed 
in the FOR FURTHER INFORMATION CONTACT.
    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 proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Orders 
13132, Federalism, if it has a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. We have analyzed this rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. 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

[[Page 36467]]

Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 
determined that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This temporary rule involves the establishment of two 
regulated areas. It is categorically excluded from further review under 
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination will be available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    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.T01-0324 to read as follows:


Sec.  100.T01-0324  Special Local Regulations; Marine Events held in 
the Sector Long Island Sound Captain of the Port Zone.

    (a) Location. This section will be enforced at the locations listed 
for each event in the Table to Sec.  100.T01-0324.
    (b) Enforcement period. This rule will be enforced on the dates and 
times listed for each event in TABLE 1 to Sec.  100.T01-0324.
    (c) Definitions. The following definitions apply to this section: A 
``designated representative'' is any Coast Guard commissioned, warrant 
or petty officer of the U.S. Coast Guard who has been designated by the 
COTP, Sector Long Island Sound, to act on his or her behalf. The 
designated representative may be on an official patrol vessel or may be 
on shore and will communicate with vessels via VHF-FM radio or 
loudhailer. ``Official patrol vessels'' may consist of any Coast Guard, 
Coast Guard Auxiliary, state, or local law enforcement vessels assigned 
or approved by the COTP Sector Long Island Sound. In addition, members 
of the Coast Guard Auxiliary may be present to inform vessel operators 
of this regulation.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
100.35 apply.
    (2) Operators of vessels desiring to deviate from these regulations 
should contact the COTP Sector Long Island Sound at 203-468-4401 
(Sector LIS command center) or the designated representative via VHF 
channel 16 to obtain permission to do so.
    (3) Any vessel given permission to deviate from these regulations 
must comply with all directions given to them by the COTP Sector Long 
Island Sound, or the designated on-scene representative.
    (4) 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.

                             Table to Sec.   100.T01-0324--Special Local Regulations
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
1....................................  Jones Beach Air Show...   Date: May 26-29, 2016
                                                                 Time:
                                                                (1) The ``No Entry Area'' will be enforced each
                                                                 day from the start of the air show until 30
                                                                 minutes after it concludes.
                                                                (2) The Slow/No Wake Area and the ``No
                                                                 Southbound Traffic Area'' will be enforced each
                                                                 day for six hours after the air show concludes.
                                                                 Location: ``No Entry Area'': Waters of
                                                                 the Atlantic Ocean off Jones Beach State Park,
                                                                 Wantagh, NY contained within the following
                                                                 described area; Beginning in approximate
                                                                 position 40[deg]34'54'' N., 073[deg]33'21'' W.,
                                                                 then running east along the shoreline of Jones
                                                                 Beach State Park to approximate position
                                                                 40[deg]35'53'' N., 073[deg]28'48'' 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]33'15'' N., 073[deg]33'09'' W.; then
                                                                 running north to the point of origin.
                                                                ``Slow/No Wake Area'': All navigable waters
                                                                 between Meadowbrook State Parkway and Wantagh
                                                                 State Parkway and contained within the
                                                                 following area. Beginning in approximate
                                                                 position 40[deg]35'49.01'' N. 73[deg]32'33.63''
                                                                 W. then north along the Meadowbrook State
                                                                 Parkway to its intersection with Merrick Road
                                                                 in approximate position 40[deg]39'14.00'' N.
                                                                 73[deg]34'00.76'' W. then east along Merrick
                                                                 Road to its intersection with Wantagh State
                                                                 Parkway in approximate position
                                                                 40[deg]39'51.32'' N. 73[deg]30'43.36'' W. then
                                                                 south along the Wantagh State Parkway to its
                                                                 intersection with Ocean Parkway in approximate
                                                                 position 40[deg]35'47.30'' N. 73[deg]30'29.17''
                                                                 W. then west along Ocean Parkway to its
                                                                 intersection with Meadowbrook State Parkway at
                                                                 the point of origin in approximate position
                                                                 40[deg]35'49.01'' N. 73[deg]32'33.63'' W.
                                                                ``No Southbound Traffic Area'': All navigable
                                                                 waters of Zach's Bay south of the line
                                                                 connecting a point near the western entrance to
                                                                 Zach's Bay in approximate position
                                                                 40[deg]36'29.20'' N., 073[deg]29'22.88'' W. and
                                                                 a point near the eastern entrance of Zach's Bay
                                                                 in approximate position 40[deg]36'16.53'' N.,
                                                                 073[deg]28'57.26'' W.

[[Page 36468]]

 
2....................................  Harvard-Yale Regatta...   Date: June 12, 2016
                                                                 Time: 2:00 p.m. to 5:00 p.m.
                                                                 Location: ``All waters of the Thames
                                                                 River at New London, Connecticut, between the
                                                                 Penn Central Draw Bridge 41[deg]21'46.94'' N.
                                                                 072[deg]5'14.46'' W. to Bartlett Cove
                                                                 41[deg]25'35.9'' N. 072[deg]5'42.89'' W. (NAD
                                                                 83).
                                                                 Additional Stipulations: Spectator
                                                                 vessels must be at anchor within a designated
                                                                 spectator area or moored to a waterfront
                                                                 facility within the regulated area in such a
                                                                 way that they shall not interfere with the
                                                                 progress of the event at least 30 minutes prior
                                                                 to the start of the races. They must remain
                                                                 moored or at anchor until the men's varsity
                                                                 have passed their positions. At that time,
                                                                 spectator vessels located south of the Harvard
                                                                 Boathouse may proceed downriver at a reasonable
                                                                 speed. Vessels situated between the Harvard
                                                                 Boathouse and the finish line must remain
                                                                 stationary until both crews return safely to
                                                                 their boathouses. If for any reason the men's
                                                                 varsity crew race is postponed, spectator
                                                                 vessels will remain in position until notified
                                                                 by Coast Guard or regatta patrol personnel. The
                                                                 last 1,000 feet of the race course near the
                                                                 finish line will be delineated by four
                                                                 temporary white buoys provided by the sponsor.
                                                                 All spectator craft shall remain behind these
                                                                 buoys during the event. Spectator craft shall
                                                                 not anchor: to the west of the race course,
                                                                 between Scotch Cap and Bartlett Point Light, or
                                                                 within the race course boundaries or in such a
                                                                 manner that would allow their vessel to drift
                                                                 or swing into the race course. During the
                                                                 effective period all vessels shall proceed at a
                                                                 speed not to exceed six knots in the regulated
                                                                 area. Spectator vessels shall not follow the
                                                                 crews during the races. Swimming is prohibited
                                                                 in the vicinity of the race course during the
                                                                 races. A vessel operating in the vicinity of
                                                                 the Submarine Base may not cause waves which
                                                                 result in damage to submarines or other vessels
                                                                 in the floating dry-docks.
----------------------------------------------------------------------------------------------------------------


    Dated: May 18, 2016.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2016-13414 Filed 6-6-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                      Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations                                                                             36465

                                                                                                                                TABLE FIVE
                                                                                                                                                                                                  After mast-
                                                                                                                                                      Masthead                   Forward        head light less
                                                                                                                                                   lights not over            masthead light    than 1⁄2 ship’s              Percentage
                                                                                                                                                   all other lights           not in forward     length aft of                horizontal
                                                                                Vessel                                           No.                     and                    quarter of      forward mast-                separation
                                                                                                                                                     obstructions;                 ship;          head light;                  attained
                                                                                                                                                    annex I, sec.             annex I, sec.        annex I,
                                                                                                                                                          2(f)                     3(a)            sec.3(a)


                                                       *                  *                                 *                        *                                    *                      *                                *
                                                USS GERALD R. FORD ......................................................          CVN 78          ........................               X     ........................   ........................

                                                           *                         *                         *                          *                              *                       *                                *



                                                  Approved: May 9, 2016.                                    rule was signed, 18 May, 2016, until                                   The Coast Guard is issuing this
                                                A.B. Fischer,                                               June 7, 2016.                                                       temporary final rule without prior
                                                Captain, JAGC, U.S. Navy, Deputy Assistant                  ADDRESSES: To view documents                                        notice and opportunity to comment
                                                Judge Advocate General (Admiralty and                       mentioned in this preamble as being                                 pursuant to authority under section 4(a)
                                                Maritime Law).                                              available in the docket, go to http://                              of the Administrative Procedure Act
                                                  Dated: May 31, 2016.                                      www.regulations.gov, type USCG–2016–                                (APA) (5 U.S.C. 553(b)). This provision
                                                N.A. Hagerty-Ford,                                          0324 in the ‘‘SEARCH’’ box and click                                authorizes an agency to issue a rule
                                                Commander, Judge Advocate General’s Corps,                  ‘‘SEARCH.’’ Click on Open Docket                                    without prior notice and opportunity to
                                                U.S. Navy, Federal Register Liaison Officer.                Folder on the line associated with this                             comment when the agency for good
                                                [FR Doc. 2016–13260 Filed 6–6–16; 8:45 am]                  rule.                                                               cause finds that those procedures are
                                                BILLING CODE 3810–FF–P                                      FOR FURTHER INFORMATION CONTACT: If                                 ‘‘impracticable, unnecessary, or contrary
                                                                                                            you have questions on this rule, contact                            to the public interest.’’ Under 5 U.S.C.
                                                                                                            Petty Officer Jay TerVeen, Prevention                               553(b)(B), the Coast Guard finds that
                                                DEPARTMENT OF HOMELAND                                      Department, Coast Guard Sector Long                                 good cause exists for not publishing an
                                                SECURITY                                                    Island Sound, telephone (203) 468–                                  NPRM with respect to this rule because
                                                                                                            4446, email Jay.C.TerVeen@uscg.mil.                                 doing so would be impracticable and
                                                Coast Guard                                                 SUPPLEMENTARY INFORMATION:                                          contrary to the public interest. There is
                                                                                                                                                                                insufficient time to publish an NPRM,
                                                33 CFR Part 100                                             I. Table of Abbreviations                                           take public comments, and issue a final
                                                                                                            COTP Captain of the Port                                            rule before these events take place.
                                                [Docket Number USCG–2016–0324]                                                                                                  Thus, waiting for a comment period to
                                                                                                            DHS Department of Homeland Security
                                                RIN 1625–AA08                                               FR Federal Register                                                 run would inhibit the Coast Guard’s
                                                                                                            NPRM Notice of Proposed Rulemaking                                  mission to keep the ports and
                                                Special Local Regulations; Marine                           NAD 83 North American Datum 1983                                    waterways safe.
                                                Events Held in the Sector Long Island                       II. Background Information and                                         Under 5 U.S.C. 553(d)(3), and for the
                                                Sound Captain of the Port Zone                              Regulatory History                                                  same reasons stated in the preceding
                                                AGENCY:     Coast Guard, DHS.                                  This rulemaking establishes two                                  paragraph, the Coast Guard finds that
                                                ACTION:    Temporary final rule.                            special local regulations for one regatta                           good cause exists for making this rule
                                                                                                            and one air show. Each event and its                                effective less than 30 days after
                                                SUMMARY:    The Coast Guard is                              corresponding regulatory history are                                publication in the Federal Register.
                                                establishing two special local                              discussed below.
                                                regulations for two separate marine                                                                                             III. Legal Authority and Need for Rule
                                                                                                               Jones Beach (Air Show): A special
                                                events within the Coast Guard Sector                        local regulation was established in 2015                               The legal basis for this temporary rule
                                                Long Island Sound (LIS) Captain of the                      for the Jones Beach Air Show event                                  is 33 U.S.C. 1233.
                                                Port (COTP) Zone. This temporary final                      when the Coast Guard issued a final rule
                                                rule is necessary to provide for the                                                                                               The COTP Sector LIS has determined
                                                                                                            entitled, ‘‘Special Local Regulations and
                                                safety of life on navigable waters during                                                                                       that the special local regulations
                                                                                                            Safety Zones; Marine Events held in the
                                                these events. Entry into, transit through,                  Sector Long Island Sound Captain of the                             established by this temporary final rule
                                                mooring or anchoring within these                           Port Zone’’. This rulemaking was                                    are necessary to provide for the safety of
                                                regulated areas is prohibited unless                        published on May 18, 2015 in the                                    life on navigable waterways during
                                                authorized by COTP Sector Long Island                       Federal Register (80 FR 28176).                                     these events.
                                                Sound.                                                         The Harvard-Yale Regatta is a                                    IV. Discussion of the Rule
                                                DATES: This rule is effective without                       reoccurring marine event with
jstallworth on DSK7TPTVN1PROD with RULES




                                                actual notice from 12:01 a.m. on June 7,                    regulatory history and is cited in 33 CFR                             This rule establishes two special local
                                                2016 until 5 p.m. on June 12, 2016. For                     100.100(1.1). This event has been                                   regulations for one regatta and one air
                                                the purposes of enforcement, actual                         included in this rule due to deviation                              show. The locations of these regulated
                                                notice will be used from the date the                       from the cite date.                                                 areas are as follows:




                                           VerDate Sep<11>2014    17:29 Jun 06, 2016     Jkt 238001   PO 00000     Frm 00033   Fmt 4700       Sfmt 4700    E:\FR\FM\07JNR1.SGM         07JNR1


                                                36466                     Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations

                                                                                                                     SPECIAL LOCAL REGULATIONS
                                                1 ..................   Jones Beach Air Show ...          Location: There will be three areas created for the special local regulation. The first area, ‘‘No Entry
                                                                                                           Area’’, is on the navigable waterway located along the south shore of Jones Beach State Park.
                                                                                                           The second area, ‘‘Slow/No Wake Area’’, is located on the navigable waterway between
                                                                                                           Meadowbrook State Parkway and Wantagh State Parkway. The third area, ‘‘No Southbound Traffic
                                                                                                           Area’’, in the navigable waters of Zach’s Bay.
                                                2 ..................   Harvard-Yale Regatta ....         Location: All waters of the Thames River at New London, Connecticut, between the Penn Central
                                                                                                           Draw Bridge 41°21′46.94″ N. 072°5′14.46″ W. to Bartlett Cove 41°25′35.9″ N. 072°5′42.89″ W.
                                                                                                           (NAD 83).



                                                  This rule establishes additional vessel                     B. Impact on Small Entities                            Paperwork Reduction Act of 1995 (44
                                                movement rules within areas                                      The Regulatory Flexibility Act of                   U.S.C. 3501–3520).
                                                specifically under the jurisdiction of the                    1980, 5 U.S.C. 601–612, as amended,                    D. Federalism and Indian Tribal
                                                special local regulations during the                          requires Federal agencies to consider                  Governments
                                                periods of enforcement unless                                 the potential impact of regulations on
                                                authorized by the COTP or designated                                                                                    A rule has implications for federalism
                                                                                                              small entities during rulemaking. The                  under Executive Orders 13132,
                                                representative.                                               term ‘‘small entities’’ comprises small                Federalism, if it has a substantial direct
                                                V. Regulatory Analyses                                        businesses, not-for-profit organizations               effect on the States, on the relationship
                                                                                                              that are independently owned and                       between the national government and
                                                   We developed this rule after                               operated and are not dominant in their                 the States, or on the distribution of
                                                considering numerous statutes and                             fields, and governmental jurisdictions                 power and responsibilities among the
                                                Executive orders related to rulemaking.                       with populations of less than 50,000.                  various levels of government. We have
                                                Below we summarize our analyses                               The Coast Guard certifies under 5 U.S.C.               analyzed this rule under that Order and
                                                based on these statutes and Executive                         605(b) that this rule will not have a                  have determined that it is consistent
                                                order and we discuss First Amendment                          significant economic impact on a                       with the fundamental federalism
                                                rights of protestors.                                         substantial number of small entities.                  principles and preemption requirements
                                                                                                                 While some owners or operators of                   described in Executive Order 13132.
                                                A. Regulatory Planning and Review                             vessels intending to transit these                        Also, this rule does not have tribal
                                                   Executive Orders 12866 and 13563                           regulated areas may be small entities,                 implications under Executive Order
                                                direct agencies to assess the costs and                       for the reasons stated in section V.A                  13175, Consultation and Coordination
                                                benefits of available regulatory                              above, this rule will not have a                       with Indian Tribal Governments,
                                                alternatives and, if regulation is                            significant economic impact on any                     because it does not have a substantial
                                                necessary, to select regulatory                               vessel owner or operator. Under section                direct effect on one or more Indian
                                                approaches that maximize net benefits.                        213(a) of the Small Business Regulatory                tribes, on the relationship between the
                                                                                                              Enforcement Fairness Act of 1996 (Pub.                 Federal Government and Indian tribes,
                                                Executive Order13563 emphasizes the
                                                                                                              L. 104–121), we want to assist small                   or on the distribution of power and
                                                importance of quantifying both costs
                                                                                                              entities in understanding this rule. If the            responsibilities between the Federal
                                                and benefits, of reducing costs, of
                                                                                                              rule would affect your small business,                 Government and Indian tribes. If you
                                                harmonizing rules, and of promoting
                                                                                                              organization, or governmental                          believe this rule has implications for
                                                flexibility. This rule has not been
                                                                                                              jurisdiction and you have questions                    federalism or Indian tribes, please
                                                designated a ‘‘significant regulatory
                                                                                                              concerning its provisions or options for               contact the person listed in the FOR
                                                action,’’ under Executive Order12866.                         compliance, please contact the person
                                                Accordingly, it has not been reviewed                                                                                FURTHER INFORMATION CONTACT section
                                                                                                              listed in the FOR FURTHER INFORMATION                  above.
                                                by the Office of Management and                               CONTACT.
                                                Budget. The Coast Guard determined                               Small businesses may send comments                  E. Unfunded Mandates Reform Act
                                                that this rulemaking is not a significant                     on the actions of Federal employees                      The Unfunded Mandates Reform Act
                                                regulatory action for the following                           who enforce, or otherwise determine                    of 1995 (2 U.S.C. 1531–1538) requires
                                                reasons: (1) The enforcement of these                         compliance with, Federal regulations to                Federal agencies to assess the effects of
                                                regulated areas will be relatively short                      the Small Business and Agriculture                     their discretionary regulatory actions. In
                                                in duration, (2) persons or vessels                           Regulatory Enforcement Ombudsman                       particular, the Act addresses actions
                                                desiring entry into the ‘‘No Entry’’ area                     and the Regional Small Business                        that may result in the expenditure by a
                                                or a deviance from the stipulations                           Regulatory Fairness Boards. The                        State, local, or tribal government, in the
                                                within the ‘‘Slow/No Wake Area’’ may                          Ombudsman evaluates these actions                      aggregate, or by the private sector of
                                                be authorized to do so by the COTP                            annually and rates each agency’s                       $100,000,000 (adjusted for inflation) or
                                                Sector Long Island Sound or designated                        responsiveness to small business. If you               more in any one year. Though this rule
                                                representative, may do so with                                wish to comment on actions by                          will not result in such an expenditure,
                                                permission from the COTP Sector LIS or                        employees of the Coast Guard, call 1–                  we do discuss the effects of this rule
                                                a designated representative; (3) vessels                      888–REG–FAIR (1–888–734–3247). The                     elsewhere in this preamble.
                                                can operate within the regulated area                         Coast Guard will not retaliate against
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                                                provided they do so in accordance with                        small entities that question or complain               F. Environment
                                                the regulation and (4) before the                             about this proposed rule or any policy                   We have analyzed this rule under
                                                effective period, public notifications                        or action of the Coast Guard.                          Department of Homeland Security
                                                will be made to local mariners through                                                                               Management Directive 023–01 and
                                                appropriate means, which may include                          C. Collection of Information                           Commandant Instruction M16475.lD,
                                                the Local Notice to Mariners as well as                         This rule will not call for a new                    which guide the Coast Guard in
                                                Broadcast Notice to Mariners.                                 collection of information under the                    complying with the National


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                                                                          Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations                                           36467

                                                Environmental Policy Act of 1969 (42                          List of Subjects in 33 CFR Part 100                    Long Island Sound, to act on his or her
                                                U.S.C. 4321–4370f), and have                                    Harbors, Marine safety, Navigation                   behalf. The designated representative
                                                determined that this action is one of a                       (water), Reporting and recordkeeping                   may be on an official patrol vessel or
                                                category of actions that do not                               requirements, Security measures,                       may be on shore and will communicate
                                                individually or cumulatively have a                           Waterways.                                             with vessels via VHF–FM radio or
                                                significant effect on the human                                                                                      loudhailer. ‘‘Official patrol vessels’’ may
                                                                                                                For the reasons discussed in the
                                                environment. This temporary rule                                                                                     consist of any Coast Guard, Coast Guard
                                                                                                              preamble, the Coast Guard amends 33
                                                involves the establishment of two                                                                                    Auxiliary, state, or local law
                                                                                                              CFR part 100 as follows:
                                                regulated areas. It is categorically                                                                                 enforcement vessels assigned or
                                                excluded from further review under                            PART 100—SAFETY OF LIFE ON                             approved by the COTP Sector Long
                                                paragraph 34(h) of Figure 2–1 of the                          NAVIGABLE WATERS                                       Island Sound. In addition, members of
                                                Commandant Instruction. An                                                                                           the Coast Guard Auxiliary may be
                                                                                                              ■ 1. The authority citation for Part 100               present to inform vessel operators of
                                                environmental analysis checklist
                                                                                                              continues to read as follows:                          this regulation.
                                                supporting this determination and a
                                                                                                                  Authority: 33 U.S.C. 1233                             (d) Regulations. (1) The general
                                                Categorical Exclusion Determination                                                                                  regulations contained in 33 CFR 100.35
                                                will be available in the docket where                         ■ 2. Add § 100.T01–0324 to read as                     apply.
                                                indicated under ADDRESSES. We seek                            follows:                                                  (2) Operators of vessels desiring to
                                                any comments or information that may                                                                                 deviate from these regulations should
                                                                                                              § 100.T01–0324 Special Local Regulations;
                                                lead to the discovery of a significant                        Marine Events held in the Sector Long                  contact the COTP Sector Long Island
                                                environmental impact from this rule.                          Island Sound Captain of the Port Zone.                 Sound at 203–468–4401 (Sector LIS
                                                G. Protest Activities                                            (a) Location. This section will be                  command center) or the designated
                                                                                                              enforced at the locations listed for each              representative via VHF channel 16 to
                                                  The Coast Guard respects the First                          event in the Table to § 100.T01–0324.                  obtain permission to do so.
                                                Amendment rights of protesters.                                  (b) Enforcement period. This rule will                 (3) Any vessel given permission to
                                                Protesters are asked to contact the                           be enforced on the dates and times                     deviate from these regulations must
                                                person listed in the FOR FURTHER                              listed for each event in TABLE 1 to                    comply with all directions given to
                                                INFORMATION CONTACT section to                                § 100.T01–0324.                                        them by the COTP Sector Long Island
                                                coordinate protest activities so that your                       (c) Definitions. The following                      Sound, or the designated on-scene
                                                message can be received without                               definitions apply to this section: A                   representative.
                                                jeopardizing the safety or security of                        ‘‘designated representative’’ is any Coast                (4) Upon being hailed by a U.S. Coast
                                                people, places or vessels.                                    Guard commissioned, warrant or petty                   Guard vessel by siren, radio, flashing
                                                                                                              officer of the U.S. Coast Guard who has                light or other means, the operator of the
                                                                                                              been designated by the COTP, Sector                    vessel shall proceed as directed.

                                                                                                 TABLE TO § 100.T01–0324—SPECIAL LOCAL REGULATIONS

                                                1 ..................   Jones Beach Air Show ...          • Date: May 26–29, 2016
                                                                                                         • Time:
                                                                                                         (1) The ‘‘No Entry Area’’ will be enforced each day from the start of the air show until 30 minutes
                                                                                                            after it concludes.
                                                                                                         (2) The Slow/No Wake Area and the ‘‘No Southbound Traffic Area’’ will be enforced each day for six
                                                                                                            hours after the air show concludes.
                                                                                                         • Location: ‘‘No Entry Area’’: Waters of the Atlantic Ocean off Jones Beach State Park, Wantagh,
                                                                                                            NY contained within the following described area; Beginning in approximate position 40°34′54″ N.,
                                                                                                            073°33′21″ W., then running east along the shoreline of Jones Beach State Park to approximate
                                                                                                            position 40°35′53″ N., 073°28′48″ W.; then running south to a position in the Atlantic Ocean off of
                                                                                                            Jones Beach at approximate position 40°35′05″ N., 073°28′34″ W.; then running west to approxi-
                                                                                                            mate position 40°33′15″ N., 073°33′09″ W.; then running north to the point of origin.
                                                                                                         ‘‘Slow/No Wake Area’’: All navigable waters between Meadowbrook State Parkway and Wantagh
                                                                                                            State Parkway and contained within the following area. Beginning in approximate position
                                                                                                            40°35′49.01″ N. 73°32′33.63″ W. then north along the Meadowbrook State Parkway to its intersec-
                                                                                                            tion with Merrick Road in approximate position 40°39′14.00″ N. 73°34′00.76″ W. then east along
                                                                                                            Merrick Road to its intersection with Wantagh State Parkway in approximate position 40°39′51.32″
                                                                                                            N. 73°30′43.36″ W. then south along the Wantagh State Parkway to its intersection with Ocean
                                                                                                            Parkway in approximate position 40°35′47.30″ N. 73°30′29.17″ W. then west along Ocean Parkway
                                                                                                            to its intersection with Meadowbrook State Parkway at the point of origin in approximate position
                                                                                                            40°35′49.01″ N. 73°32′33.63″ W.
                                                                                                         ‘‘No Southbound Traffic Area’’: All navigable waters of Zach’s Bay south of the line connecting a
                                                                                                            point near the western entrance to Zach’s Bay in approximate position 40°36′29.20″ N.,
                                                                                                            073°29′22.88″ W. and a point near the eastern entrance of Zach’s Bay in approximate position
                                                                                                            40°36′16.53″ N., 073°28′57.26″ W.
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                                                36468                     Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations

                                                                                       TABLE TO § 100.T01–0324—SPECIAL LOCAL REGULATIONS—Continued
                                                2 ..................   Harvard-Yale Regatta ....         • Date: June 12, 2016
                                                                                                         • Time: 2:00 p.m. to 5:00 p.m.
                                                                                                         • Location: ‘‘All waters of the Thames River at New London, Connecticut, between the Penn Central
                                                                                                           Draw Bridge 41°21′46.94″ N. 072°5′14.46″ W. to Bartlett Cove 41°25′35.9″ N. 072°5′42.89″ W.
                                                                                                           (NAD 83).
                                                                                                         • Additional Stipulations: Spectator vessels must be at anchor within a designated spectator area or
                                                                                                           moored to a waterfront facility within the regulated area in such a way that they shall not interfere
                                                                                                           with the progress of the event at least 30 minutes prior to the start of the races. They must remain
                                                                                                           moored or at anchor until the men’s varsity have passed their positions. At that time, spectator
                                                                                                           vessels located south of the Harvard Boathouse may proceed downriver at a reasonable speed.
                                                                                                           Vessels situated between the Harvard Boathouse and the finish line must remain stationary until
                                                                                                           both crews return safely to their boathouses. If for any reason the men’s varsity crew race is post-
                                                                                                           poned, spectator vessels will remain in position until notified by Coast Guard or regatta patrol per-
                                                                                                           sonnel. The last 1,000 feet of the race course near the finish line will be delineated by four tem-
                                                                                                           porary white buoys provided by the sponsor. All spectator craft shall remain behind these buoys
                                                                                                           during the event. Spectator craft shall not anchor: to the west of the race course, between Scotch
                                                                                                           Cap and Bartlett Point Light, or within the race course boundaries or in such a manner that would
                                                                                                           allow their vessel to drift or swing into the race course. During the effective period all vessels shall
                                                                                                           proceed at a speed not to exceed six knots in the regulated area. Spectator vessels shall not fol-
                                                                                                           low the crews during the races. Swimming is prohibited in the vicinity of the race course during the
                                                                                                           races. A vessel operating in the vicinity of the Submarine Base may not cause waves which result
                                                                                                           in damage to submarines or other vessels in the floating dry-docks.



                                                  Dated: May 18, 2016.                                        Folder on the line associated with this                publication in the Federal Register. Due
                                                E.J. Cubanski, III,                                           rule.                                                  to the need for immediate action, the
                                                Captain, U.S. Coast Guard, Captain of the                     FOR FURTHER INFORMATION CONTACT: If                    restriction on vessel traffic is necessary
                                                Port Sector Long Island Sound.                                you have questions on this rule, call or               to protect life, property and the
                                                [FR Doc. 2016–13414 Filed 6–6–16; 8:45 am]                    email LCDR Barbara Wilk, Waterways                     environment; therefore, a 30-day notice
                                                BILLING CODE 9110–04–P                                        Management Division Chief, Sector                      is impracticable. Delaying the effective
                                                                                                              Hampton Roads, U.S. Coast Guard;                       date would be contrary to the regulated
                                                                                                              telephone 757–668–5580, email                          area’s intended objectives of protecting
                                                DEPARTMENT OF HOMELAND                                        hamptonroadswaterway@uscg.mil.                         persons and vessels, and enhancing
                                                SECURITY                                                      SUPPLEMENTARY INFORMATION:                             public and maritime safety.

                                                Coast Guard                                                   I. Table of Abbreviations                              III. Legal Authority and Need for Rule
                                                                                                              CFR Code of Federal Regulations
                                                                                                                                                                        The Coast Guard is issuing this
                                                33 CFR Part 100                                               DHS Department of Homeland Security                    special local regulation under authority
                                                                                                              FR Federal Register                                    in 33 U.S.C. 1233. The Coast Guard is
                                                [Docket Number USCG–2016–0355]                                NPRM Notice of proposed rulemaking                     establishing a temporary special local
                                                                                                              Pub. L. Public Law                                     regulation on specified waters of the
                                                RIN 1625–AA08                                                 § Section                                              James River near Robious Landing Park
                                                                                                              U.S.C. United States Code                              in Midlothian, Virginia. This rule is
                                                Special Local Regulation for Marine
                                                                                                              II. Background Information and                         needed to protect personnel, vessels,
                                                Events; James River, Midlothian, VA
                                                                                                              Regulatory History                                     and the marine environment in the
                                                AGENCY:       Coast Guard, DHS.                                                                                      navigable waters within the regulated
                                                                                                                 The Coast Guard is issuing this                     area during the VBC Sprints Regatta.
                                                ACTION:      Temporary final rule.                            temporary rule without prior notice and
                                                                                                              opportunity to comment pursuant to                     IV. Discussion of the Rule
                                                SUMMARY:   The Coast Guard will
                                                establish a special local regulation                          authority under section 4(a) of the                       The Captain of the Port Hampton
                                                during the VBC Sprints Regatta event on                       Administrative Procedure Act (APA) (5                  Roads is establishing special local
                                                the James River. The event consists of a                      U.S.C. 553(b)). This provision                         regulation on the specified waters of the
                                                series of crew rowing and sculling races                      authorizes an agency to issue a rule                   James River bound by the following
                                                to be held on the waters of the James                         without prior notice and opportunity to                coordinates: 37°33′35.193″ N.
                                                River, near Robious Landing Park in                           comment when the agency for good                       077°38′51.6156″ W.; thence to
                                                Midlothian, Virginia. This regulated                          cause finds that those procedures are                  37°33′33.7608″ N./077°38′51.1044″ W.;
                                                area will restrict vessel traffic and is                      ‘‘impracticable, unnecessary, or contrary              thence to 37°33′33.75″ N./077°38′8.88″
                                                necessary to provide for the safety of life                   to the public interest.’’ Under 5 U.S.C.               W.; thence to 37°33′36.0174″ N./
                                                on the navigable waters during the                            553(b) (B), the Coast Guard finds that                 077°38′8.8008″ W. (NAD 1983), in the
                                                event.                                                        good cause exists for not publishing a                 vicinity of Robious Landing Park in
                                                                                                              notice of proposed rulemaking (NPRM)                   Midlothian, VA. This regulated area still
                                                DATES: This rule is effective from 8:30                       with respect to this rule because                      allows for navigation on the waterway.
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                                                a.m. through 6 p.m. on June 18, 2016.                         information about the Regatta on June                  This regulated area will be enforced
                                                ADDRESSES: To view documents                                  18, 2016 not received in sufficient time               from 8:30 a.m. to 6 p.m. on June 18,
                                                mentioned in this preamble as being                           to permit publication of an NPRM.                      2016. Except for participants and
                                                available in the docket, go to http://                           We are issuing this rule, and under 5               vessels authorized by the Captain of the
                                                www.regulations.gov, type USCG–2016–                          U.S.C. 553(d)(3), the Coast Guard finds                Port or his Representative, no person or
                                                0355 in the ‘‘SEARCH’’ box and click                          that good cause exists for making it                   vessel may enter or remain in the
                                                ‘‘SEARCH.’’ Click on Open Docket                              effective less than 30 days after                      regulated area.


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Document Created: 2018-02-08 07:31:31
Document Modified: 2018-02-08 07:31:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from 12:01 a.m. on June 7, 2016 until 5 p.m. on June 12, 2016. For the purposes of enforcement, actual notice will be used from the date the rule was signed, 18 May, 2016, until June 7, 2016.
ContactIf you have questions on this rule, contact Petty Officer Jay TerVeen, Prevention Department, Coast Guard Sector Long Island Sound, telephone (203) 468-4446, email [email protected]
FR Citation81 FR 36465 
RIN Number1625-AA08
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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