Proposed Rule2024-14722
Special Local Regulation; Cayuga Lake, Ithaca, NY
Primary source
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Published
July 10, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary special local regulation for certain waters of the Cayuga Lake. This action is necessary to provide for the safety of life on these navigable waters near Ithaca, NY, during a marine event on August 10, 2024. This proposed rulemaking would prohibit persons and vessels from transiting the area unless authorized by the Captain of the Port Sector Eastern Great Lakes or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 89 Issue 132 (Wednesday, July 10, 2024)</title>
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[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Proposed Rules]
[Pages 56677-56679]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14722]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0544]
RIN 1625-AA08
Special Local Regulation; Cayuga Lake, Ithaca, NY
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation for certain waters of the Cayuga Lake. This action is
necessary to provide for the safety of life on these navigable waters
near Ithaca, NY, during a marine event on August 10, 2024. This
proposed rulemaking would prohibit persons and vessels from transiting
the area unless authorized by the Captain of the Port Sector Eastern
Great Lakes or a designated representative. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 25, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0544 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Joseph Stranc, Marine Safety Unit
Thousand Islands, U.S. Coast Guard; telephone 315-774-8524, email <a href="/cdn-cgi/l/email-protection#87d4cac5aacad4d2d3efe8f2f4e6e9e3cef4ebe6e9e3f4aad0e6f3e2f5f0e6fef4cae6e9e6e0e2eae2e9f3c7f2f4e4e0a9eaeeeb"><span class="__cf_email__" data-cfemail="ecbfa1aec1a1bfb9b88483999f8d8288a59f808d82889fc1bb8d98899e9b8d959fa18d828d8b8981898298ac999f8f8bc2818580">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Eastern Great Lakes
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On March 4, 2024, an organization notified the Coast Guard that it
will be conducting a swim event from 6 a.m. to 11:30 a.m. on August 10,
2024. The event will take place within the following boundaries:
starting at point 42[deg]30'07.01'' N, 076[deg]30'57.04'' W; running
adjacent shore to point 42[deg]30'30.03'' N, 076[deg]31'09.34'' W;
thence to 42[deg]29'50.20'' N, 076[deg]32'24.99'' W; running adjacent
to the shore to point 42[deg]29'34.71'' N, 076[deg]32'17.11'' W; thence
back to starting position.
Due to the potential hazards associated with the swim event, the
Captain of the Port Sector Eastern Great Lakes (COTP) determined that
the potential hazards associated with the swimming event would be a
safety concern for anyone within the swim area. The purpose of this
rulemaking is to ensure the safety of participants of the event on
within the navigable waters within the boundaries described above
before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish a special local regulation in
Cayuga Lake from 6 a.m. to 11:30 a.m. on August 10, 2024. The area
regulated by this special local regulation will cover all navigable
waters, from surface to bottom, within the area formed by connecting
the following latitude and longitude points in the following order:
starting at point 42[deg]30'07.01'' N, 076[deg]30'57.04'' W; running
adjacent shore to point 42[deg]30'30.03'' N, 076[deg]31'09.34'' W;
thence to 42[deg]29'50.20'' N, 076[deg]32'24.99'' W; running adjacent
to the shore to point 42[deg]29'34.71'' N, 076[deg]32'17.11'' W; thence
back to starting position.
The duration of the proposed special local regulation is intended
to ensure the safety of event participants on these navigable waters
before, during, and after the scheduled swim event. No vessel or person
would be permitted to enter the regulated area without obtaining
permission from the COTP or a designated representative. The regulatory
text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. Vessel
traffic would be able to safely transit through this regulated area
which would impact a small designated area of Cayuga Lake for less than
6 hours during the morning. Moreover, the Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
regulated area, and the rule would allow vessels to seek permission to
transit through the area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
While some owners or operators of vessels intending to transit the
area may be small entities, for the reasons stated in section IV.A
above, this proposed rule would not have a significant economic impact
on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see
[[Page 56678]]
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a special
local regulation lasting 5.5 hours that would prohibit entry to the
swim area of the Cayuga Lake without authorization from COTP or their
designated representative.
Normally such actions are categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0544 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 160.T09-0544 to read as follows:
[[Page 56679]]
Sec. 160.T09-0544 Women Swimmin' for Hospicare, Cayuga Lake, Ithaca,
NY.
(a) Enforcement period. Coast Guard Sector Eastern Great Lakes
Captain of the Port (COTP) will enforce this section from 6 a.m. to
11:30 a.m. on August 10, 2024, upon the navigable waters of Cayuga Lake
as described in paragraph (b) of this section.
(b) Regulated area. The regulations in this section apply to the
following area: All navigable waters within Cayuga Lake starting at
point 42[deg]30'07.01'' N 076[deg]30'57.04'' W and running adjacent to
the shore to point 42[deg]30'30.03'' N 076[deg]31'09.34'' W, continuing
to point 42[deg]29'50.20'' N 076[deg]32'24.99'' W, running adjacent to
the shore to point 42[deg]29'34.71'' N 076[deg]32'17.11'' W, back to
the starting position.
(c) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the COTP
in the enforcement of the regulations in this section.
(d) Regulations. All vessels will be required to request permission
from the COTP or their designated representative to transit the area
and will operate at a no wake speed to reduce the wake to a minimum,
and in a manner which will not endanger participants in the event or
any other craft. The COTP or their designated representative may be
contacted on Channel 16 (156.8 MHZ) by the call sign ``Coast Guard
Patrol Commander''.
Dated: June 28, 2024.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Sector Eastern Great
Lakes.
[FR Doc. 2024-14722 Filed 7-9-24; 8:45 am]
BILLING CODE 9110-04-P
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