This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

51243 

Vol. 74, No. 192 

Tuesday, October 6, 2009 

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: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a permanent Special Local 

Regulation within the waters of 

Huntington Bay, New York for the 

annual Fran Schnarr Open Water 

Championships. This proposed Special 

Local Regulation is necessary to provide 

for the safety of life on the navigable 

waters of Huntington Bay by protecting 

swimmers from the hazards imposed by 

vessel traffic. This action is intended to 

increase the safety of the swimmers by 

limiting vessel access to a portion of 

Huntington Bay, New York during the 

swim event held on a single day each 

July. Entry into this area will be 

prohibited unless authorized by the 

Captain of the Port, Long Island Sound 

or the designated on-scene patrol 

personnel. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

November 5, 2009. 

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: MSTC 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 delivery, or 

mail your comment, it will be 

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 81⁄2 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 now 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 


CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS
51244 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Proposed Rules 

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. Last year, the 

Coast Guard established a temporary 

special local regulation to protect the 

swimmers and safety craft from the 

hazards imposed by passing water 

traffic and other water related activities 

(74 FR 33144 [USCG–2009–0520]). 

To ensure the continued safety of the 

swimmers, safety craft and the boating 

public, the Coast Guard is proposing to 

establish a special local regulation 

around the race course for the duration 

of the race, generally from 7:15 a.m. to 

11:30 a.m. on the day of the race. 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

a special local regulation on the 

navigable waters of Huntington Bay, NY 

that would exclude all unauthorized 

persons and vessels from approaching 

within 100 yards of the proposed race 

course which consists of the following 

points: Start/Finish at approximate 

location 40°54′25.8′′ N 073°24′28.8′′ N, 

East Turn at approximate location 

40°54′45′′ N 073°23′36.6′′ N and a West 

Turn at approximate location 

40°54′31.2′′ N 073°25′21′′ N. This action 

is intended to prohibit vessel traffic in 

this portion of Huntington Bay, NY to 

provide for the safety of swimmers, 

swimmer safety craft and the boating 

community from the hazards posed by 

vessels operating near persons 

participating in this open water swim. 

While the special local regulation will 

be permanent, it will only be enforced 

for approximately four hours and fifteen 

minutes on a single day in July that will 

be specified annually. Notification of 

the race date and subsequent 

enforcement of the special local 

regulation will be made via separate 

notice in the Federal Register, marine 

broadcasts and local notice to mariners. 

Entry into this area would be prohibited 

unless authorized by the Captain of the 

Port Long Island Sound or the 

designated on-scene patrol personnel. 

Marine traffic that may safely do so may 

transit outside of the area during the 

enforcement period, allowing navigation 

in all other portions of Huntington Bay, 

NY not covered by this rule. 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 reason: vessels may 

transit in all areas of Huntington Bay, 

NY other than the area of the special 

local regulation with 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. 

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. 

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. 

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: MST1 

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 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 

Actins and Interference with 

Constitutionally Protected Property 

Rights. 


CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS
Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Proposed Rules 51245 

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 establishment of a special 

local regulation which is categorically 

excluded from further environmental 

analysis under paragraph 34(h) of the 

Instruction. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

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 § 100.123 to read as follows: 

§ 100.123: Fran Schnarr Open Water 

Championships, Huntington Bay, New York. 

(a) Regulated area. All navigable 

waters of Huntington Bay, NY within 

100 yards of the swim race course 

consisting of the following points: Start/ 

Finish at approximate position 

40°54′25.8′′ N 073°24′28.8′′ N, East Turn 

at approximate position 40°54′45′′ N 

073°23′36.6′′ N and a West Turn at 

approximate position 40°54′31.2′′ N 

073°25′21′′ N. 

(b) Definitions. The following 

definition applies 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) The 

general regulations contained in 33 CFR 

100.35 and 100.40 apply. 

(2) In accordance with the general 

regulations in § 100.35 of this part, No 

person or vessel may enter, transit, or 

remain within the regulated area during 

the effective period of regulation unless 

they are officially participating in the 

Fran Schnarr Open Water Swim event 

or are otherwise authorized by the 

Designated On-scene Patrol Personnel. 

(3) All persons and vessels must 

comply with the instructions from the 

Coast Guard Captain of the Port Long 

Island Sound or the designated on-scene 

patrol personnel. The Designated Onscene Patrol Personnel may delay, 

modify, or cancel the swim event as 

conditions or circumstances require. 

(4) 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. 

(5) Persons and vessels desiring to 

enter the regulated area may request 

permission to enter from the designated 

on scene patrol personnel on VHF–16 or 

to the Captain of the Port, Long Island 

Sound via phone at (203) 468–4401. 

(d) Enforcement Period. This rule is 

enforced from 7:15 a.m. to 11:30 a.m. on 

a specified day each July to be 

determined on an annual basis. 

Notification of the specific date for the 

swim race and enforcement of the 

special local regulation will be made via 

separate notice in the Federal Register, 

marine broadcasts and local notice to 

mariners. 

Dated: June 17, 2009. 

Daniel A. Ronan, 

Captain, U.S. Coast Guard, Captain of the 

Port Long Island Sound. 

[FR Doc. E9–24007 Filed 10–5–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 151, 155, and 160 

[USCG–2008–1070] 

RIN 1625–AB27 

Nontank Vessel Response Plans and 

Other Vessel Response Plan 

Requirements 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of public meetings; 

request for comments; correction. 

SUMMARY: The Coast Guard is issuing a 

correction to an earlier document that 


CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS