Rule2024-17121
Special Local Regulation; Cayuga Lake, Ithaca, NY
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 5, 2024
Effective
August 10, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation for certain waters of 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 regulation prohibits persons and vessels from transiting the regulated area unless authorized by the Captain of the Port Sector Eastern Great Lakes or a designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 150 (Monday, August 5, 2024)</title>
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[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Rules and Regulations]
[Pages 63284-63286]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17121]
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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, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for certain waters of 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 regulation
prohibits persons and vessels from transiting the regulated area unless
authorized by the Captain of the Port Sector Eastern Great Lakes or a
designated representative.
DATES: This rule is effective from 6 a.m. to 11:30 a.m. on August 10,
2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, 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, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email MST1 Joseph Stranc, Waterways Management Division, U.S.
Coast Guard Marine Safety Unit Thousand Islands; telephone 315-774-
8724, email <a href="/cdn-cgi/l/email-protection#a3f0eee18eeef0f6f7cbccd0c2cdc7ead0cfc2cdc7d08ef4c2d7c6d1d4c2dad0eec2cdc2c4c6cec6cdd7e3d6d0c0c48dcecacf"><span class="__cf_email__" data-cfemail="47140a056a0a1412132f28342629230e342b262923346a102633223530263e340a26292620222a2229330732342420692a2e2b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
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. In response, on July 10, 2024, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled Special
Local Regulation; Cayuga Lake, Ithaca, NY 89 FR 56677. There we stated
why we issued the NPRM and invited comments on our proposed regulatory
action related to this fireworks display. During the comment period
that ended July 25, 2024, we received no comments.
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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
ensure the safety for participants during the duration of the marine
event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Sector Eastern Great Lakes (COTP) has
determined that potential hazards associated with the marine event
occurring on August 10, 2024, will pose safety concern for the event
participants. The purpose of this rule is to ensure safety of
participants and the navigable waters in the regulated area before,
during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published July
10, 2024. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a special local regulation from 6 a.m. to
11:30 a.m. on August 10, 2024. The special local regulation will cover
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. The duration of the zone is intended to ensure the
safety of event participants and these navigable waters before, during,
and after the scheduled 6 a.m. to 11:30 a.m. marine event. No vessel or
person will be permitted to enter the regulated area without
[[Page 63285]]
obtaining permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this 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 rule 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, this rule 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 rule. If the 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.
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 about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will 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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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 determined 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 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. It is categorically excluded from
further review under paragraph L61 of appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Memorandum for the Record
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
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.
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 amends
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. 100.T999-0544 to read as follows:
[[Page 63286]]
Sec. 100.T999-0544 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: July 29, 2024.
S.M. Murray,
Commander, U.S. Coast Guard, Alternate Captain of the Port, Sector
Eastern Great Lakes.
[FR Doc. 2024-17121 Filed 8-2-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 5, 2024.
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