<<

29088 Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Rules and Regulations

2014, or earlier that are reimbursed available in the docket, go to http:// notice of proposed rulemaking (NPRM) under the CHAMPUS DRG-based www.regulations.gov, type the docket with respect to this rule because an payment system are to be priced as of number in the ‘‘SEARCH’’ box and click NPRM would be impracticable. Since the date of admission, regardless of ‘‘SEARCH.’’ Click on Open Docket the Jones Beach Air Show is scheduled when the claim is submitted. All final Folder on the line associated with this to take place over three days beginning claims with discharge dates of October rulemaking. You may also visit the May 23, 2014 through May 25, 2014, it 1, 2014, or later that are reimbursed Docket Management Facility in Room is impracticable to draft, publish, and under the CHAMPUS DRG-based W12–140 on the ground floor of the receive public comment on this payment system are to be priced as of Department of Transportation West rulemaking via an NPRM and still the date of discharge. Building, 1200 New Jersey Avenue SE., publish a final rule before the event is * * * * * Washington, DC 20590, between 9 a.m. scheduled to take place. Delaying this and 5 p.m., Monday through Friday, rulemaking by waiting for a comment Dated: May 12, 2014. except Federal holidays. period to run would also reduce the Aaron Siegel, FOR FURTHER INFORMATION CONTACT: If Coast Guard’s ability to promote the Alternate OSD Federal Register Liaison you have questions on this rule, call or safety of event participants and the Officer, Department of Defense. email Petty Officer Scott Baumgartner, maritime public during this event. [FR Doc. 2014–11194 Filed 5–20–14; 8:45 am] Prevention Department, Coast Guard Under 5 U.S.C. 553(d)(3), the Coast BILLING CODE 5001–06–P Sector Sound, (203) 468– Guard finds that good cause exists for 4559, [email protected]. If making this rule effective less than 30 you have questions on viewing or days after publication in the Federal DEPARTMENT OF HOMELAND submitting material to the docket, call Register for the same reasons stated SECURITY Barbara Hairston, Program Manager, above. Docket Operations, telephone (202) B. Basis and Purpose Coast Guard 366–9826. The legal basis for this temporary rule SUPPLEMENTARY INFORMATION: 33 CFR Part 100 is 33 U.S.C. 1233 and Department of Table of Acronyms Homeland Security Delegation No. [Docket Number USCG–2014–0250] COTP Captain of the Port 0170.1 which collectively authorize the RIN 1625–AA08 DHS Department of Homeland Security Coast Guard to define regulatory special FR Federal Register local regulations. Special Local Regulation; Jones Beach NPRM Notice of Proposed Rulemaking The Jones Beach Air Show will take Air Show; Atlantic Ocean, Sloop place from May 23, 2014 through May Channel Through East Bay, and Zach’s A. Regulatory History and Information 25, 2014. The first day of the event, May Bay; Wantagh, NY On May 24, 2013, the Coast Guard 23, 2014 the Jones Beach Air Show will published a Final Rule, entitled, ‘‘Safety not be open to the general public but AGENCY: Coast Guard, DHS. Zones and Special Local Regulations; aircraft involved in the event will be ACTION: Temporary final rule. Recurring Marine Events in Captain of conducting practice runs over the the Port Long Island Sound Zone’’ in the Atlantic Ocean. On Saturday, May 24, SUMMARY: The Coast Guard is Federal Register (78 FR 31402). This 2014 and Sunday, May 25, 2014 the Air establishing a temporary special local rulemaking established multiple safety Show will be open and operating from regulation on the navigable waters of the zones and special local regulations 10 a.m. through 3 p.m. The event will Atlantic Ocean, Sloop Channel through throughout the Captain of the Port involve numerous aircraft performing East Bay and Zach’s Bay near Jones Sector Long Island Sound Zone various aerial maneuvers. These aircraft Beach State Park in Wantagh, NY for the including a safety zone for the Jones and associated event participants will Jones Beach Air Show. This action is Beach Air Show. This final rule was be operating at high speeds and/or in necessary to provide for the safety of life preceded by a NPRM entitled, ‘‘Safety close proximity to other event of event participants, spectators, and Zones and Special Local Regulations; participants and spectators. These aerial other waterway users during this event. Recurring Marine Events in Captain of activities present multiple hazards, The special local regulation will the Port Long Island Sound Zone’’ that including those associated with in-flight facilitate public notification of the event was published in the Federal Register accidents that could result in collision, and provide protective measures for the (78 FR 20277). No public comments fire, and debris fall-out. The Jones Beach maritime public and event participants were received for this proposed Air show and these aerial activities from the hazards associated with the rulemaking. There were no requests attract thousands of spectators to Jones Jones Beach Air Show. Entering into, received for a public meeting and none Beach State Park as well as a significant transiting through, remaining, or were held. number of spectator vessels to the anchoring within these regulated areas The Coast Guard is issuing this waters around . would be prohibited unless authorized temporary final rule without prior The operation of these numerous by the captain of the Port (COTP) Sector notice and opportunity to comment spectator vessels in such close Long Island Sound. pursuant to authority under section 4(a) proximity to each other presents DATES: This rule is effective from May of the Administrative Procedure Act additional hazards to the maritime 23, 2014 to May 25, 2014. (APA) (5 U.S.C. 553(b)). This provision public beyond those associated with the This rule will be enforced from 9 a.m. authorizes an agency to issue a rule aerial activities. to 3:30 p.m. on May 23, 2014, and from without prior notice and opportunity to During a review of the regulations 9 a.m. to 9 p.m. beginning May 24, 2014 comment when the agency for good currently published for the Jones Beach through May 25, 2014. cause finds that those procedures are Air Show in Table 1 of 33 CFR 165.151 ADDRESSES: Documents mentioned in ‘‘impracticable, unnecessary, or contrary the Coast Guard discovered that the this preamble are part of docket [USCG– to the public interest.’’ Under 5 U.S.C. positions marking the corners of the 2014–0250]. To view documents 553(b)(B), the Coast Guard finds that area regulated as a safety zone were mentioned in this preamble as being good cause exists for not publishing a published out of order and when

VerDate Mar<15>2010 16:26 May 20, 2014 Jkt 232001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.SGM 21MYR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Rules and Regulations 29089

followed as published did not include support, and official vessels during based on these statutes and executive all waters of the Atlantic Ocean that periods of enforcement. orders. were meant to be covered by the safety (2) Slow/No Wake Area: This area 1. Regulatory Planning and Review zone. To address this discrepancy the includes the navigable waters between Coast Guard is establishing a No Entry Meadowbrook State and This rule is not a significant area within this special local regulation . All vessels in regulatory action under section 3(f) of using the correct order and positions. this area will operate at ‘‘No Wake’’ Executive Order 12866, Regulatory Furthermore, the Coast Guard also speed or up to 6 knots, whichever is Planning and Review, as supplemented determined that adding two additional slower, during periods of enforcement by Executive Order 13563, Improving regulated areas would improve the (3) No Southbound Traffic Area: This Regulation and Regulatory Review, and safety of the maritime public. The area includes all waters of Zach’s Bay. does not require an assessment of additional regulated areas will be No southbound vessel traffic will be potential costs and benefits under enforced after the conclusion of each allowed into or within this area during section 6(a)(3) of Executive Order 12866 day’s activities at the Jones Beach Air periods of enforcement. or under section 1 of Executive Order Show. The first measure establishes To address the risks associated with 13563. The Office of Management and speed restrictions for all vessels this event, the special local regulation Budget has not reviewed it under those operating on the waters between the establishes the navigable waters Orders. Meadowbrook State Parkway and the between the Meadowbrook State The Coast Guard determined that this Wantagh State Parkway to be enforced Parkway and the Wantagh State rulemaking is not a significant from 3 p.m. to 9 p.m. on May 24, 2014 Parkway as a Slow/No Wake area and regulatory action for the following and May 25, 2014. The area between the restricts vessel movement to no wake reasons: The regulated areas are of two parkways covers all and/or portions speed or 6 knots, whichever is slower, limited size and duration and persons or of several navigable waterways during the period of enforcement. vessels requiring entry into the including but not limited to; Sloop The second measure establishes a regulated areas or requesting a deviance Channel, Haunts Creek, Broad Creek regulated area that would restrict from the stipulations of the regulated Channel, Wantagh Park Channel, Race southbound traffic into and within areas may be authorized to do so by the Horse Channel, Merrick Bay, and East Zach’s Bay from 3 p.m. to 9 p.m. during COTP Sector Long Island Sound or Bay. The Jones Beach Air Show attracts each day of the Jones Beach Air Show. designated representative. Also vessels many spectators and spectator vessels Zach’s Bay is a small protected bay in not requesting or not receiving and the mass exodus of these vessels close proximity to Jones Beach State authorization to enter, transit through, and spectators from the Jones Beach Park and the Jones Beach Air Show. anchor in, or remain within the area at the end of each day’s Air Show Consequently, it is one of the most regulated areas may navigate in all other related activities creates hazardous congested areas for vessel traffic during portions of the waterways not conditions within the aforementioned the Jones Beach Air Show. The large designated as regulated areas. area. The hazardous conditions include number of vessels departing Zach’s Bay Advanced public notifications will vessel congestion and vessels operating at the conclusion of each day’s activities also be made to local mariners through at high speeds on the waters between creates hazardous conditions in the appropriate means, which may include the Meadowbrook State Parkway and form of heavily congested waters. These but are not limited to the Local Notice the Wantagh State Parkway. conditions are especially hazardous for to Mariners as well as Broadcast Notice any vessels attempting to navigate in the to Mariners. C. Discussion of the Final Rule southbound direction and against the 2. Impact on Small Entities This temporary rule establishes a flow of the main vessel traffic. To special local regulation to ensure the address this hazard the special local The Regulatory Flexibility Act of 1980 safety of spectators and vessels from regulation establishes all waters of (RFA), 5 U.S.C. 601–612, as amended, hazards associated with the Jones Beach Zach’s Bay as a No Southbound Traffic requires federal agencies to consider the Air Show. Establishing a special local area and restricts all vessel movement to potential impact of regulations on small regulation around the location of this the outbound or northbound direction entities during rulemaking. The term event will help ensure the safety of during the period of enforcement. ‘‘small entities’’ comprises small spectators, vessels and other property The geographic locations of these businesses, not-for-profit organizations and help minimize the associated risks regulated areas and the specific that are independently owned and to the maritime public. requirements of this rule are contained operated and are not dominant in their The COTP Sector Long Island Sound in the regulatory text. This regulation fields, and governmental jurisdictions has determined that these hazards pose prevents vessels from entering, with populations of less than 50,000. a danger to the maritime public. This transiting, remaining, or anchoring The Coast Guard certifies under 5 U.S.C. special local regulation will temporary within the area designated as the ‘‘No 605(b) that this rule will not have a regulate three areas around the Jones Entry Area’’ during the periods of significant economic impact on a Beach Air Show, including portions of enforcement unless authorized by the substantial number of small entities. the Atlantic Ocean, the navigable waters COTP or designated representative. This This rule will affect the following between Meadowbrook State Parkway regulation also partially restricts entities, some of which may be small and the Wantagh State Parkway, and movement within the ‘‘Slow/No Wake entities: The owners or operators of Zach’s Bay. The Coast Guard is setting Area’’ and the ‘‘No Southbound Traffic vessels intending to enter, transit, up three types of areas to address the Area’’ unless authorized by the COTP or anchor or moor within the regulated safety concerns: designated representative. areas during the periods of enforcement (1) No Entry Area: This is the area of from May 23, 2014 to May 25, 2014. The the Atlantic Ocean over which aircraft D. Regulatory Analyses ‘‘No Entry Area’’ will be enforced each associated with the Jones Beach Air We developed this rule after day from 9 a.m. to 3:30 p.m. beginning Show are performing aerial maneuvers. considering numerous statutes and May 23, 2014 through May 25, 2014. This area is for the exclusive use of executive orders related to rulemaking. The ‘‘Slow/No Wake Area’’ and the ‘‘No registered event participants, safety, Below we summarize our analyses Southbound Traffic Area’’ will be

VerDate Mar<15>2010 16:26 May 20, 2014 Jkt 232001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.SGM 21MYR1 emcdonald on DSK67QTVN1PROD with RULES 29090 Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Rules and Regulations

enforced from 3 p.m. to 9 p.m. on May the States, or on the distribution of responsibilities between the Federal 24, 2014 and May 25, 2014. power and responsibilities among the Government and Indian tribes. This temporary special local various levels of government. We have 12. Energy Effects regulation will not have a significant analyzed this rule under that Order and economic impact on a substantial determined that this rule does not have This action is not a ‘‘significant number of small entities for the implications for federalism. energy action’’ under Executive Order following reasons: The regulated areas 13211, Actions Concerning Regulations 6. Protest Activities are of short duration, vessels that can That Significantly Affect Energy Supply, safely do so may navigate in all other The Coast Guard respects the First Distribution, or Use. portions of the waterways except for the Amendment rights of protesters. 13. Technical Standards areas designated as regulated areas, Protesters are asked to contact the vessels can operate within the regulated person listed in the FOR FURTHER This rule does not use technical area provided they do so in accordance INFORMATION CONTACT section to standards. Therefore, we did not with the regulation, and vessels coordinate protest activities so that your consider the use of voluntary consensus requiring entry into the regulated areas message can be received without standards. may be authorized to do so by the COTP jeopardizing the safety or security of 14. Environment Sector Long Island Sound or designated people, places or vessels. representative. Additionally, before the We have analyzed this rule under effective period, public notifications 7. Unfunded Mandates Reform Act Department of Homeland Security will be made to local mariners through The Unfunded Mandates Reform Act Management Directive 023–01 and appropriate means, which may include of 1995 (2 U.S.C. 1531–1538) requires Commandant Instruction M16475.lD, but are not limited to the Local Notice Federal agencies to assess the effects of which guide the Coast Guard in to Mariners as well as Broadcast Notice their discretionary regulatory actions. In complying with the National to Mariners. particular, the Act addresses actions Environmental Policy Act of 1969 3. Assistance for Small Entities that may result in the expenditure by a (NEPA) (42 U.S.C. 4321–4370f), and State, local, or tribal government, in the have determined that this action is one Under section 213(a) of the Small aggregate, or by the private sector of of a category of actions that do not Business Regulatory Enforcement $100,000,000 (adjusted for inflation) or individually or cumulatively have a Fairness Act of 1996 (Pub. L. 104–121), more in any one year. Though this rule significant effect on the human we want to assist small entities in will not result in such an expenditure, environment. This rule involves the understanding this rule. If the rule we do discuss the effects of this rule establishment of a special local would affect your small business, elsewhere in this preamble. regulation. This rule is categorically organization, or governmental excluded from further review under jurisdiction and you have questions 8. Taking of Private Property paragraph 34(h) of Figure 2–1 of the concerning its provisions or options for This rule will not cause a taking of Commandant Instruction. An compliance, please contact the person private property or otherwise have environmental analysis checklist FOR FURTHER INFORMATION listed in the taking implications under Executive supporting this determination and a CONTACT, above. Order 12630, Governmental Actions and Categorical Exclusion Determination are Small businesses may send comments Interference with Constitutionally available in the docket where indicated on the actions of Federal employees Protected Property Rights. under ADDRESSES. We seek any who enforce, or otherwise determine comments or information that may lead compliance with, Federal regulations to 9. Civil Justice Reform to the discovery of a significant the Small Business and Agriculture This rule meets applicable standards environmental impact from this rule. Regulatory Enforcement Ombudsman in sections 3(a) and 3(b)(2) of Executive and the Regional Small Business List of Subjects in 33 CFR Part 100 Order 12988, Civil Justice Reform, to Regulatory Fairness Boards. The minimize litigation, eliminate Marine safety, Navigation (water), Ombudsman evaluates these actions ambiguity, and reduce burden. Reporting and recording requirements, annually and rates each agency’s Waterways. responsiveness to small business. If you 10. Protection of Children wish to comment on actions by For the reasons discussed in the employees of the Coast Guard, call 1– We have analyzed this rule under preamble, the Coast Guard amends 33 888–REG–FAIR (1–888–734–3247). The Executive Order 13045, Protection of CFR part 100 as follows: Coast Guard will not retaliate against Children from Environmental Health Risks and Safety Risks. This rule is not PART 100—SAFETY OF LIFE ON small entities that question or complain NAVIGABLE WATERS about this rule or any policy or action an economically significant rule and of the Coast Guard. does not create an environmental risk to health or risk to safety that may ■ 1. The authority citation for part 100 4. Collection of Information disproportionately affect children. continues to read as follows: Authority: 33 U.S.C. 1233 This rule will not call for a new 11. Indian Tribal Governments collection of information under the ■ 2. Add § 100.35T01–0250 to read as Paperwork Reduction Act of 1995 (44 This rule does not have tribal follows: U.S.C. 3501–3520). implications under Executive Order 13175, Consultation and Coordination § 100.35T01–0250 Special Local 5. Federalism with Indian Tribal Governments, Regulation; Jones Beach Air Show; Atlantic A rule has implications for federalism because it does not have a substantial Ocean, Sloop Channel through East Bay, under Executive Order 13132, direct effect on one or more Indian and Zach’s Bay; Wantagh, NY Federalism, if it has a substantial direct tribes, on the relationship between the (a) Regulated Areas. All coordinates effect on the States, on the relationship Federal Government and Indian tribes, are North American Datum 1983 (NAD between the national government and or on the distribution of power and 83).

VerDate Mar<15>2010 16:26 May 20, 2014 Jkt 232001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.SGM 21MYR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Rules and Regulations 29091

(1) No Entry Area.Waters of the northbound direction or outbound participants, safety, support, or official Atlantic Ocean off Jones Beach State direction. patrol vessels. Park, Wantagh, NY contained within the (3) All persons and vessels shall (d) Enforcement Period. (1) The ‘‘No following described area; Beginning in comply with the instructions of the Entry Area’’ will be enforced each day approximate position 40°34′54″ N, COTP Sector Long Island Sound or from 9:00a.m. to 3:30 p.m. from May 23, 073°33′21″ W, then running east along designated representative. 2014 to May 25, 2014. the shoreline of Jones Beach State Park (4) Spectators desiring to enter the (2) The ‘‘Slow/No Wake Area’’ and to approximate position 40°35′53″ N, ‘‘No Entry Area’’ must contact the COTP the ‘‘No Southbound Traffic Area’’ will 073°28′48″ W; then running south to a Sector Long Island Sound by telephone be enforced each day from 3:00 p.m. to position in the Atlantic Ocean off of at (203)–468–4401, or designated 9:00 p.m. from May 24, 2014 to May 25, Jones Beach at approximate position representative via VHF radio on channel 2014. ° ′ ″ ° ′ ″ 40 35 05 N, 073 28 34 W; then 16, to request authorization. If Dated: May 7, 2014. authorization to enter, transit through, running West to approximate position E.J. Cubanski, III, 40°33′15″ N, 073°33′09″ W; then anchor in, or remain within the regulated areas is granted by the COTP Captain, U.S. Coast Guard, Captain of the running North to the point of origin. Port Sector Long Island Sound. (2) Slow/No Wake Area. All navigable Sector Long Island Sound or designated waters between Meadowbrook State representative, all persons and vessels [FR Doc. 2014–11563 Filed 5–20–14; 8:45 am] Parkway and Wantagh State Parkway receiving such authorization must BILLING CODE 9110–04–P and contained within the following comply with the instructions of the area. Beginning in approximate position COTP Sector Long Island Sound or DEPARTMENT OF HOMELAND 40°35′49.01″ N 73°32′33.63″ W then designated representative. SECURITY north along the Meadowbrook State (5) Spectators desiring to operate Parkway to its intersection with Merrick within the ‘‘Slow/No Wake Area’’ or Coast Guard Road in approximate position ‘‘No Southbound Traffic Area’’ outside ° ′ ″ ° ′ ″ 40 39 14.00 N 73 34 00.76 W then east the stipulations for those regulated areas 33 CFR Parts 100 and 165 along to its intersection must contact the COTP Sector Long with Wantagh State Parkway in Island Sound by telephone at (203)– [Docket No. USCG–2012–1036] approximate position 40°39′51.32″ N 468–4401, or designated representative 73°30′43.36″ W then south along the via VHF radio on channel 16, to request Safety Zones & Special Local Wantagh State Parkway to its authorization. If authorization to enter, Regulations; Recurring Marine Events intersection with Ocean Parkway in transit through, anchor in, remain in Captain of the Port Long Island approximate position 40°35′47.30″ N within, or deviate from the stipulations Sound Zone 73°30′29.17″ W then west along Ocean of the regulated areas is granted by the AGENCY: Coast Guard, DHS. Parkway to its intersection with COTP Sector Long Island Sound or ACTION: Notice of enforcement of Meadowbrook State Parkway at the designated representative, all persons regulation. point of origin in approximate position and vessels receiving such authorization 40°35′49.01″ N 73°32′33.63″ W. must comply with the instructions of SUMMARY: The Coast Guard will enforce (3) No Southbound Traffic Area. All the COTP Sector Long Island Sound or one special local regulation for a regatta navigable waters of Zach’s Bay south of designated representative. and 31 safety zones for fireworks the line connecting a point near the (6) The Coast Guard will provide displays in the Sector Long Island western entrance to Zach′s Bay in notice of the regulated areas prior to the Sound area of responsibility on the approximate position 40°36′29.20″ N, event through appropriate means, which dates and times listed in the tables 073°29′22.88″ W and a point near the may include but is not limited to the below. This action is necessary to eastern entrance of Zach′s Bay in Local Notice to Mariners and Broadcast provide for the safety of life on approximate position 40°36′16.53″ N, Notice to Mariners. navigable waterways during the events. 073°28′57.26″ W. (c) Definitions. The following During the enforcement periods, no (b) Special Local Regulations. (1) In definitions apply to this section: person or vessel may enter the regulated accordance with the general regulations (1) Designated Representative. A area or safety zones without permission found in section 100.35 of this part, ‘‘designated representative’’ is any Coast of the Captain of the Port (COTP) Sector entering into, transiting through, Guard commissioned, warrant or petty Long Island Sound or designated anchoring or remaining within the officer of the U.S. Coast Guard who has representative. been designated by the Captain of the regulated areas is prohibited unless DATES: Port (COTP), Sector Long Island Sound The regulations in 33 CFR authorized by the Captain of the Port 100.100 and 33 CFR 165.151 will be (COTP) Sector Long Island Sound, or (LIS), to act on his or her behalf. The designated representative may be on an enforced from June 7, 2014, to August designated representative. 30, 2014. (2) The following persons and vessels official patrol vessel or may be on shore are authorized by the COTP Sector Long and will communicate with vessels via FOR FURTHER INFORMATION CONTACT: If Island Sound to enter areas of this VHF–FM radio or loudhailer. In you have questions on this notice, call special local regulation: addition, members of the Coast Guard or email Petty Officer Scott (i) No Entry Area. Registered event Auxiliary may be present to inform Baumgartner, Waterways Management participants, safety, support, and official vessel operators of this regulation. Division, U.S. Coast Guard Sector Long vessels. (2) Official Patrol Vessels. Official Island Sound; telephone 203–468–4559, (ii) Slow/No Wake Area. Spectator patrol vessels may consist of any Coast email [email protected]. vessels may transit within the ‘‘Slow/No Guard, Coast Guard Auxiliary, state, or SUPPLEMENTARY INFORMATION: The Coast Wake Area’’ at no wake speed or 6 local law enforcement vessels assigned Guard will enforce the special local knots, whichever is slower. or approved by the COTP Sector Long regulation listed in 33 CFR 100.100 and (iii) No Southbound Traffic Area. Island Sound. the safety zones listed in 33 CFR Spectator vessels may transit the ‘‘No (3) Spectators. All persons and vessels 165.151 on the specified dates and times Southbound Traffic Area’’ in the not registered with the event sponsor as as indicated in the Tables below. If the

VerDate Mar<15>2010 16:26 May 20, 2014 Jkt 232001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.SGM 21MYR1 emcdonald on DSK67QTVN1PROD with RULES