[Federal Register: March 20, 2002 (Volume 67, Number 54)]
[Proposed Rules]               
[Page 12943-12945]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr02-41]                         

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-006]
RIN 2115-AA97

 
Safety Zone; Mystic Places Offshore Grand Prix, New London, CT

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for the Mystic Places Offshore Grand Prix, off Ocean Beach, New London, 
CT. This action is necessary to provide for the safety of life on 
navigable waters during this May 3-to-5, 2002 event. This action is 
intended to restrict vessel traffic in a portion of Long Island Sound 
in the vicinity of Ocean Beach, New London, CT.

DATES: Comments and related material must reach the Coast Guard on or 
before April 19, 2002.

ADDRESSES: You may mail comments and related material to Marine Events, 
Coast Guard Group/Marine Safety Office Long Island Sound, Command 
Center, 120 Woodward Ave., New Haven, CT 06512. Coast Guard Group/
Marine Safety Office Long Island Sound maintains the public docket for 
this rulemaking. Comments and material received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, will become part of this docket and will be available for 
inspection or copying at Group/MSO Long Island Sound, New Haven, CT, 
between 7:30 a.m. and 4:00 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Boatswain's Mate Second Class (BM2) 
Ryan Peebles, Group Operations Petty Officer, Coast Guard Group/MSO 
Long Island Sound (203) 468-4408.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-02-
006), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for a meeting by writing to Coast Guard Group/MSO Long Island 
Sound at the address under ADDRESSES explaining why one 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

    The Coast Guard proposes to establish a temporary safety zone for 
the Mystic Places Offshore Grand Prix off Ocean Beach in Long Island 
Sound. The proposed safety zone prevents vessels from transiting a 
portion of Long Island

[[Page 12944]]

Sound. It is needed to protect boaters from the hazards associated with 
power boat races being conducted within the boundaries of the safety 
zone.
    The comment period was abbreviated in order to allow for the 
promulgation of a temporary rule in advance of the scheduled power boat 
races. The proposed rule is unlikely to engender public controversy. 
The safety zone encompasses a modest area and is of limited duration. 
Our previous rulemaking experience in cases of a similar nature 
suggests that we are unlikely to receive any adverse comments.

Discussion of Proposed Rule

    The proposed safety zone encompasses all waters of Long Island 
Sound within the boundaries of a line beginning at 41 deg.18'00" N, 
072 deg.05'58" W; then to 41 deg.18'20" N, 072 deg.05'40" W; then to 
41 deg.18'20" N, 072 deg.04'58" W; then to 41 deg.18'00" N, 
072 deg.04'58" W (NAD 1983); and then returning to the point of origin. 
The proposed safety zone will be enforced from 1 p.m. until 3 p.m. each 
day from May 3, 2002 through May 5, 2002. Only race officials and 
participants will be allowed inside the boundaries of the proposed zone 
during these periods. All other marine traffic will be allowed to 
transit around the safety zone at all times. Vessels will not be 
precluded from mooring at or getting underway from recreational or 
commercial piers in the vicinity of the zone. No vessel may enter the 
safety zone without permission from the Captain of the Port, Long 
Island Sound.

Regulatory Evaluation

    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. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Transportation (DOT) (44 FR 11040, February 26, 1979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. This proposed 
safety zone would temporarily close a portion of Long Island Sound to 
vessel traffic. However, the impact of this regulation is expected to 
be minimal for the following reasons: the event is of limited duration; 
vessels are not precluded from getting underway, or mooring at, public 
or private facilities in the vicinity of the event; advance advisories 
will be made to the maritime community; and marine traffic may still 
transit around the zone during the event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels intending to transit or anchor in a portion of 
Long Island Sound during the time this zone is activated. This safety 
zone would not have a significant economic impact on a substantial 
number of small entities for the following reasons: the event is of 
limited duration; vessels are not precluded from getting underway, or 
mooring at, public or private facilities in the vicinity of the event; 
advance advisories will be made to the maritime community; and marine 
traffic may still transit around the zone during the event.
    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 (Public Law 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 BM2 Ryan Peebles, Operations 
Petty Officer, Coast Guard Group/MSO Long Island Sound (203) 468-4408.

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 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 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 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 
concern an environmental risk to health or risk to safety that may 
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

[[Page 12945]]

between the Federal Government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation. This proposed rule fits 
paragraph 34(g) as it establishes a safety zone. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    2. From 1 p.m. on May 3, 2002 through 3 p.m. on May 5, 2002, add 
temporary Sec. 165.T01-006 to read as follows:


Sec. 165.T01-006  Safety Zone: Mystic Places Offshore Grand Prix, New 
London, CT.

    (a) Location. The following area is a safety zone: All waters off 
Ocean Beach in Long Island Sound, within the boundaries of a line 
beginning at 41 deg.18'00"N, 072 deg.05'58"W; then to 41 deg.18'20"N, 
072 deg.05'40"W; then to 41 deg.18'20"N, 072 deg.04'58"W; then to 
41 deg.18'00"N, 072 deg.04'58"W (NAD 1983); and then returning to the 
point of origin.
    (b) Enforcement period. This section will be enforced from 1 p.m. 
until 3 p.m. each day from May 3, 2002 through May 5, 2002.
    (c) Regulations. (1) Vessels not participating in the event, 
swimmers and personal watercraft of any nature are prohibited from 
entering or moving within the safety zone unless authorized by the 
Captain of the Port. (2) All persons and vessels shall comply with the 
instructions of the Coast Guard Captain of the Port or the designated 
on-scene patrol personnel. These personnel comprise commissioned, 
warrant, and petty officers of the Coast Guard. Upon being hailed by a 
U. S. Coast Guard vessel by siren, radio, flashing light, or other 
means, the operator of a vessel shall proceed as directed.

    Dated: February 27, 2002.
J.J. Coccia,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 02-6765 Filed 3-19-02; 8:45 am]
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