
[Federal Register: March 22, 2010 (Volume 75, Number 54)]
[Proposed Rules]               
[Page 13454-13457]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr10-9]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0520]
RIN 1625-AA08

 
Special Local Regulation, Fran Schnarr Open Water Championships, 
Huntington Bay, NY

AGENCY: Coast Guard, DHS.

ACTION: Supplemental Notice of proposed rulemaking.

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SUMMARY: This document supplements the Coast Guard's October 6, 2009 
proposal to establish a permanent Special Local Regulation on the 
navigable waters of Huntington Bay, New York due to the annual Fran 
Schnarr Open Water Championships. The Special Local Regulation is 
required to provide for the safety of life by protecting swimmers and 
their safety craft from the hazards imposed by marine traffic. This 
supplemental notice of proposed rulemaking will reduce the size of the 
proposed regulated area, clarify the course description and revise the 
anticipated enforcement period of the special local regulation.

DATES: Comments and related material must reach the Coast Guard on or 
before April 21, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0520 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail: Chief Petty Officer Christie Dixon, Prevention 
Department, USCG Sector Long Island Sound at 203-468-4459, e-mail 
christie.m.dixon@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0520), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be

[[Page 13455]]

considered as having been received by the Coast Guard when it is 
received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an e-mail address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2009-0520'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2009-0520 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. You may also visit the 
Docket Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. We have an agreement with the 
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    Over the last several years, Metropolitan Swimming, Inc. has hosted 
an annual open water championship swim on the waters of Huntington Bay, 
NY during a single day in July. This swim has historically involved up 
to 150 swimmers and accompanying safety craft. Prior to this rule there 
was not a permanent regulation in place to protect the swimmers or 
safety craft from the hazards imposed by marine traffic.
    On October 6, 2009 the Coast Guard published a Notice of Proposed 
Rulemaking with request for comments titled, ``Special Local 
Regulation, Fran Schnarr Open Water Championships, Huntington Bay, NY'' 
(Docket number USCG-2009-0520) in the Federal Register (74 FR 51243). 
No comments or requests for meetings were received. During the final 
edits of the Final Rule the Coast Guard realized that the description 
of the regulated area was incorrect, in that the regulated area was 
over-large, and that the descriptions of the regulated area and of the 
enforcement period could be more clearly stated. This supplemental 
notice of proposed rulemaking reduces the regulated area from ``within 
100 yards of the swim race course'' to ``within 100 yards of any 
swimmer,'' clarifies the race course description by removing the 
decimal seconds and removes the times (7:15 a.m.-1:30 p.m.) from the 
anticipated enforcement date section.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a permanent special local 
regulation on the navigable waters of Huntington Bay, New York that 
would exclude all unauthorized persons and vessels from approaching 
within 100 yards of any swimmer or safety craft on the race course. The 
race course, hereby referred to as, the regulated area, is bounded by 
the following approximate points: Start/Finish at approximate location 
40[deg]54'26'' N 073[deg]24'29'' W, East Turn at approximate location 
40[deg]54'45'' N 073[deg]23'37'' W and a West Turn at approximate 
location 40[deg]54'31'' N 073[deg]25'21'' W.
    The duration of the event, and thus the enforcement period of the 
special local regulation is generally from 7:15 a.m. to 1:30 p.m. on 
the day of the race. The special local regulation will be enforced for 
approximately six and quarter hours on the day of the race, normally 
held on a single day each July. Notification of the race date and 
subsequent enforcement of the special local regulation will be made via 
a Notice of Enforcement in the Federal Register, marine broadcasts and 
local notice to mariners.
    During the enforcement period no person or vessel may approach or 
remain within 100 yards of any swimmer or safety craft within the 
regulated area during the enforcement period of this regulation unless 
they are officially participating in the Fran Schnarr Open Water 
Championships event or are otherwise authorized by the Captain of the 
Port Long Island Sound or by Designated On-scene Patrol Personnel. Any 
violation of the special local regulation described herein is 
punishable by civil and criminal penalties, in rem liability against 
the offending vessel, and license sanctions.

Regulatory Analyses

    We developed this proposed 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 proposed 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. This 
regulation may have some impact on the public, but the potential impact 
would be minimized for the following reasons: Marine traffic may 
transit in all areas of Huntington Bay, other than within 100 yards of 
event participants within the regulated area. Marine traffic passing 
through the regulated area would only have minimal increased transit 
time and the special local regulation will only be enforced for 
approximately four and a quarter hours on a single specified day each 
July, made publicly known in advance of the scheduled event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities.

[[Page 13456]]

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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule may affect the following 
entities, some of which may be small entities: the owners or operators 
of vessels intending to transit in those portions of Huntington Bay, NY 
covered by the special local regulation. Before the activation of the 
zone, we would issue maritime advisories in advance of the event and 
make them widely available to users of the waterway. For the reasons 
outlined in the Regulatory Evaluation section above, this rule will not 
have a significant impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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: Chief Petty Officer Christie 
Dixon, Prevention Department, USCG Sector Long Island Sound at 203-468-
4459, christie.m.dixon@uscg.mil. 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.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actins and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves the promulgation of special local regulations in 
conjunction with a permitted marine event and falls under the category 
of actions under paragraph 34(h) of the instruction for which further 
environmental analysis is not normally required. We seek any comments 
or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

[[Page 13457]]

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority:  33 U.S.C. 1233.

    2. Add Sec.  100.122 to read as follows:


Sec.  100.122  Fran Schnarr Open Water Championships, Huntington Bay, 
New York.

    (a) Regulated area. All navigable waters of Huntington Bay, NY 
within 100 yards of any swimmer or safety craft on the race course 
bounded by the following points: Start/Finish at approximate location 
40[deg]54[min]26[sec] N 073[deg]24[min]29[sec] W, East Turn at 
approximate location 40[deg]54[min]45[sec] N 073[deg]23[min]37[sec] W 
and a West Turn at approximate location 40[deg]54[min]31[sec] N 
073[deg]25[min]21[sec] W.
    (b) Definitions. The following definitions apply to this section: 
Designated On-scene Patrol Personnel, means any commissioned, warrant 
or petty officer of the U.S. Coast Guard operating Coast Guard vessels 
who have been authorized to act on the behalf of the Captain of the 
Port Long Island Sound.
    (c) Special local regulations. (1) No person or vessel may approach 
or remain within 100 yards of any swimmer or safety craft within the 
regulated area during the enforcement period of this regulation unless 
they are officially participating in the Fran Schnarr Open Water 
Championships event or are otherwise authorized by the Captain of the 
Port Long Island Sound or by Designated On-scene Patrol Personnel.
    (2) All persons and vessels must comply with the instructions from 
Coast Guard Captain of the Port or the Designated On-scene Patrol 
Personnel. The Designated On-scene Patrol Personnel may delay, modify, 
or cancel the swim event as conditions or circumstances require.
    (3) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel must proceed 
as directed.
    (4) Persons and vessels desiring to enter the regulated area within 
100 yards of a swimmer or safety craft may request permission to enter 
from the designated on scene patrol personnel by contacting them on 
VHF-16 or by a request to the Captain of the Port Long Island Sound via 
phone at (203) 468-4401.
    (d) Enforcement Period. This rule is enforced on a specified day 
each July to be determined on an annual basis. Notification of the 
specific date, times and enforcement of the special local regulation 
will be made via a Notice of Enforcement in the Federal Register, 
separate marine broadcasts and local notice to mariners.

    Dated: February 11, 2010.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2010-6159 Filed 3-19-10; 8:45 am]
BILLING CODE 9110-04-P

