[Federal Register: September 3, 2008 (Volume 73, Number 171)]
[Rules and Regulations]               
[Page 51365-51368]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se08-11]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0264]
RIN 1625-AA00

 
Safety Zone; Patchogue Bay, Patchogue, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the 
Patchogue Grand Prix, a power boat race on Patchogue Bay off of 
Patchogue, New York. The safety zone provides for safety of navigation 
for the maritime public viewing and transiting near the power boat 
race. This safety zone is necessary to protect the maritime community 
from the hazards inherent with a power boat race, namely, a collision 
and loss of control of the power boats participating in this event. 
Entry into this zone is prohibited unless authorized by the Captain of 
the Port Long Island Sound.

DATES: This rule is effective on September 3, 2008.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0264 and are available online at http://
www.regulations.gov. This material is also available for inspection or 
copying at two locations: The Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays and at United 
States Coast Guard Sector Long Island Sound, 120 Woodward Avenue, New 
Haven, Connecticut, between 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call LT Douglas Miller, USCG Sector Long Island Sound Prevention 
Department at (203) 486-4459. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Submitting Comments

    On June 12, 2008 we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone: Patchogue Bay,

[[Page 51366]]

Patchogue, NY in the Federal Register (73 FR 114). We received no 
letters commenting on the proposed rule. No public meeting was 
requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. This rule is needed to ensure the 
safety of the maritime public in the area of the powerboat race. 
Delaying the effective date would be contrary to the public interest, 
since immediate action is necessary to ensure the public's safety. 
Furthermore, the NPRM for this rule was published on June 12, 2008 and 
no comments were received from the public. In addition to the NPRM 
notification, notification of the safety zone will be made through 
marine information broadcasts and local notice to mariners.

Background and Purpose

    OPA Racing LLC of Brick, NJ is sponsoring an annual power boat race 
in Patchogue Bay, Patchogue, NY on the 22nd, 23rd and 24th of August 
2008, and for a three day period on a recurring basis each year 
thereafter. A safety zone is necessary to protect the maritime 
community from the hazards associated with the power boat race. The 
safety zone will be enforced from 11 a.m. to 5 p.m on each day of the 
three day event to accommodate the practice sessions and the race.
    Patchogue Bay is located on the south shore of Long Island, New 
York. The boat race consists of approximately 40 power boats performing 
at high rates of speed in close proximity to each other while operating 
over a specified race course in an area of Patchogue Bay, Patchogue, 
NY. The Coast Guard is establishing this safety zone in order to 
provide for the safety of the maritime community and the spectators 
viewing the power boats should an accident, such as a collision of the 
competing power boats, occur during the race.

Discussion of Rule

    The safety zone will be enforced during the testing of the 
powerboats on August 22nd and 23rd, 2008 and during the day of the 
race, August 24, 2008. In future years, the safety zone will also be 
enforced for the two planned testing days and on the day of the race. 
Specific dates will be announced in the Federal Register. On the 
specified days, the safety zone will be enforced from 11 a.m. until 5 
p.m. during the event and testing sessions. This time period will 
provide sufficient opportunity to clear the safety zone area prior to 
the testing session and the start of the race, as well as additional 
time should testing or the race run longer than the intended period. 
Coast Guard Sector Long Island Sound will cause notice of the 
enforcement of the safety zone to be made by all appropriate means to 
ensure the widest publicity among the affected segments of the public 
and will include publication in the local notice to mariners, marine 
information broadcasts, and facsimile. The safety zone will be 
established on the navigable waters of Patchogue Bay as bounded by the 
following geographic coordinates: Beginning at a point on land in 
Patchogue, NY at approximate position 40[deg]44'56'' N, 073[deg]00'49'' 
W, then running south to a point in Patchogue Bay at approximate 
position 40[deg]44'29'' N, 073[deg]00'49'' W; then running southeast to 
a point in Great South Bay at approximate position 40[deg]43'47'' N, 
072[deg]59'54'' W; then running east to approximate position 
40[deg]43'53'' N, 072[deg]58'46'' W; then to approximate position 
40[deg]43'57'' N, 072[deg]57'06'' W, then north to a point on land at 
approximate position 40[deg]44'29'' N, 072[deg]57'09'' W. All 
coordinates are North American Datum 1983.
    The Captain of the Port anticipates minimal negative impact on 
vessel traffic because of this safety zone due to the limited area 
covered by this safety zone and the short enforcement period. Any 
violation of the safety zone described herein would be punishable by, 
among others, civil and criminal penalties, in rem liability against 
the offending vessel, and license sanctions.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this 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 will be minimized 
for the following reasons: The zone will only be enforced for a maximum 
of eight hours on three specific days, and vessels may transit in all 
areas around the zone at all times.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in those portions of Patchogue Bay, Patchogue, New York and 
marinas located within Patchogue Bay covered by the safety zone that 
temporarily may not be able to receive customers. The economic impact 
on these small entities is not significant as vessels will be able to 
transit around the safety zone and in all other navigable portions of 
Patchogue Bay while the safety zone is being enforced and vessels 
desiring to transit to marinas located within the vicinity of the 
safety zone may request permission from the Captain of the Port to 
enter and transit the zone. No comments were received regarding the 
economic impact on small entities and the original assessment of impact 
on small entities was not changed in this rulemaking.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entites in understanding this rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain

[[Page 51367]]

about this rule or any policy or action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this 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 rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it 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 rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 5100.1 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded, 
under the Instruction, that there are no factors in this case that 
would limit the use of a categorical exclusion under section 2.B.2 of 
the Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. A final environmental analysis checklist 
and a final categorical exclusion determination are available in the 
docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226 and 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.158 to read as follows:


Sec.  165.158  Safety Zone: Patchogue Grand Prix, Patchogue Bay, 
Patchogue, NY.

    (a) Location. The following area is a safety zone: All navigable 
waters of Patchogue Bay, NY bounded by an area beginning at a point on 
land in Patchogue, NY at approximate position 40[deg]44'56'' N, 
073[deg]00'49'' W; then running south to a point in Patchogue Bay at 
approximate position 40[deg]44'29'' N, 073[deg]00'49'' W; then running 
south east to a point in Great South Bay at approximate position 
40[deg]43'47'' N, 072[deg]59'54'' W; then running east to approximate 
position 40[deg]43'53'' N, 072[deg]58'46'' W; then to approximate 
position 40[deg]43'57'' N, 072[deg]57'06'' W; then north to a point on 
land at approximate position 40[deg]44'29'' N, 072[deg]57'09'' W. All 
coordinates are North American Datum 1983.
    (b) Definitions. The following definitions apply to this section: 
Designated on-scene patrol personnel, means any commissioned, warrant 
and petty officers of the U.S. Coast Guard operating Coast Guard 
vessels who has been authorized to act on the behalf of the Captain of 
the Port Long Island Sound.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
Sec.  165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into or movement within this zone is prohibited unless 
authorized by the Captain of the Port Long Island Sound.
    (3) All persons and vessels must comply with the Coast Guard 
Captain of the Port or the designated on-scene patrol personnel.
    (4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing

[[Page 51368]]

light or other means, the operator of the vessel must proceed as 
directed.
    (5) Persons and vessels may request permission to enter the zone on 
VHF-16 or via phone at (203) 468-4401.
    (d) Enforcement Period. This rule will be enforced from 11 a.m. to 
5 p.m. on August 22, 23, and 24, 2008 and each year thereafter at dates 
and times specified in a Federal Register notice.

    Dated: August 7, 2008.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. E8-20360 Filed 9-2-08; 8:45 am]

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