[Federal Register Volume 67, Number 86 (Friday, May 3, 2002)]
[Rules and Regulations]
[Pages 22350-22353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11061]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-077]
RIN 2115-AA97


Safety Zone; Long Island Sound, Thames River, Great South Bay, 
Shinnecock Bay, Connecticut River and the Atlantic Ocean Seventeen 
Annual Fireworks Displays

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing seventeen permanent safety 
zones for fireworks displays located on or in Long Island Sound, the 
Atlantic Ocean, the Thames River, Great South Bay, Shinnecock Bay and 
the Connecticut River. This action is necessary to provide for the 
safety of life on navigable waters during the events. This action 
establishes permanent exclusion areas that are only active prior to the 
start of the fireworks display until shortly after the fireworks 
display is completed, and it is intended to restrict vessel traffic in 
a portion of the affected waterways.

DATES: This rule is effective June 3, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part docket (CGD01-01-077) and are available for inspection or 
copying at U.S. Coast Guard Group/Marine Safety Office (MSO) Long 
Island Sound, 120 Woodward Ave, New Haven, Connecticut 06512, between 
7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Petty Officer R. L. Peebles, Marine 
Events Coordinator, Coast Guard Group/MSO Long Island Sound at (203) 
468-4408.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 7, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Long Island Sound, Thames River, Great 
South Bay, Shinnecock Bay, Connecticut River and the Atlantic Ocean 
Annual Fireworks Displays'' in the Federal Register (66 FR 41170). We 
received no letters commenting on the proposed rule. No public hearing 
was requested, and none was held.

Background and Purpose

    The Coast Guard is establishing seventeen permanent safety zones 
that will be activated for fireworks displays that normally occur on an 
annual basis and are normally held in one of the following seventeen 
locations: On the Connecticut River off of Old Saybrook, CT; on the 
Connecticut River off Hartford, CT; in Greenwich Harbor on Long Island 
Sound, CT; on the Thames River off of New London, CT; on the Thames 
River off of Norwich, CT; in Long Island Sound off Madison, CT; in Long 
Island Sound off Rowayton, CT; in New Haven Harbor on Long Island 
Sound, CT; in Long Island Sound off Groton Long Point in Groton, CT; in 
Cold Springs Harbor on Long Island Sound, NY; in Shinnecock Bay off 
Southampton, NY; in Great South Bay off Davis Park, NY; in Great South 
Bay off Patchogue, NY; in Great South Bay off Cherry Cove, NY; and in 
the Atlantic Ocean off Sagaponack, NY. By establishing permanent safety 
zones, the Coast Guard will eliminate the need to establish temporary 
rules annually.

Connecticut River

    There are three safety zones for the Connecticut River. The safety 
zone for the annual Arnold L. Chase fireworks display encompasses all 
waters of the Connecticut River within a 600-foot radius of the 
fireworks barge in approximate position 41 deg.15'56" N, 072 deg.21'49" 
W, located off Fenwick Pier, Old Saybrook, CT. The safety zone for the 
annual Saybrook Summer Pops fireworks display encompasses all waters of 
Connecticut River within a 600-foot radius of the fireworks barge 
located in approximate position 41 deg.17'35" N, 072 deg.21'20" W, 
located north of the dock on Saybrook Point, Old Saybrook, CT. The 
safety zone for

[[Page 22351]]

the annual Riverfest Fireworks display encompasses all waters of the 
Connecticut River within a 600-foot radius of the fireworks barge 
located in approximate position 41 deg.45'34" N, 072 deg.39'37" W, 
located in Hartford, CT.

Thames River

    There are two safety zones for the Thames River. The zone for the 
annual Mashantucket Pequot fireworks display encompasses all waters of 
the Thames River within a 1200-foot radius of the fireworks barges 
located in approximate positions: barge one, 41 deg.21'01" N, 
072 deg.05'25" W, barge two, 41 deg.20'58" N, 072 deg.05'23" W, barge 
three, 41 deg.20'53" N, 072 deg.05'21" W, located off New London, CT. 
The safety zone for the annual Harbor Day Fireworks display encompasses 
all waters of the Thames River within a 600-foot radius of the 
fireworks barge in approximate position 41 deg.31'14" N, 072 deg.04'44" 
W, located off the marina at the American Warf, Norwich, CT.

Long Island Sound

    There are seven safety zones for Long Island Sound. The safety zone 
for the annual Indian Harbor Yacht Club fireworks display encompasses 
all waters of Captains Harbor within an 800-foot radius of the 
fireworks barge located in approximate position 41 deg.00'35" N, 
073 deg.37'05" W, located off of Greenwich, CT. The safety zone for the 
annual Madison Cultural Arts fireworks display encompasses all waters 
of Long Island Sound off the city of Madison within an 800-foot radius 
of the fireworks barge in approximate position 41 deg.16'10" N, 
072 deg.36'30" W. The safety zone for the annual City of Rowayton 
fireworks display encompasses all waters of Sheffield Channel on Long 
Island Sound off Ballast Reef, CT, within a 1000-foot radius of the 
fireworks barge in approximate position 41 deg.03'11" N, 073 deg.26'41" 
W. The safety zone for the annual City of West Haven fireworks display 
encompasses all waters of New Haven Harbor in Long Island Sound off 
Bradley Point within a 1200-foot radius of the fireworks barge located 
in approximate position 41 deg.15'07" N, 072 deg.57'26" W. The safety 
zone for the annual New Haven Festival fireworks display encompasses 
all waters of New Haven Harbor in Long Island Sound within a 1200-foot 
radius of the fireworks barge located in approximate position 
40 deg.17'31" N, 072 deg.54'48" W.
    The safety zone for the annual Groton Long Point Yacht Club 
fireworks display encompasses all waters of Long Island Sound off of 
Groton Long Point in Groton, CT, within a 600-foot radius of the 
fireworks barge located in approximate position 41 deg.18'05" N, 
072 deg.02'08" W. The safety zone for the annual Yampol Family 
fireworks display encompasses all waters of Long Island Sound off Cove 
Neck, NY, within a 1200-foot radius of the fireworks barge located in 
approximate position 40 deg.53'00" N, 073 deg.29'13" W.

Shinnecock Bay (Off Southampton, NY)

    The safety zone for the annual Southampton Fresh Air Home fireworks 
display encompasses all waters of Shinnecock Bay off Southampton, NY 
within a 600-foot radius of the fireworks barge located in approximate 
position 40 deg.51'48" N, 072 deg.28'30" W.

Great South Bay (Off Long Island, NY)

    The safety zone for the annual T.E.L. Enterprises fireworks display 
encompasses all waters of Great South Bay off Davis Park, NY within a 
600-foot radius of the fireworks barge located in approximate position 
40 deg.41'17" N, 073 deg.00'20" W. The safety zone for the annual 
Patchogue Chamber of Commerce fireworks display encompasses all waters 
of Great South Bay off Patchogue, NY within an 800-foot radius of the 
fireworks barge located in approximate position 40 deg.44'38" N, 
073 deg.00'33" W.
    The safety zone for the annual Fire Island Tourist Bureau fireworks 
display encompasses all waters of Great South Bay off Cherry Grove, NY 
within a 600-foot radius of the fireworks barge located in approximate 
position 40 deg.35'45" N, 073 deg.05'23" W.

Atlantic Ocean (Off Sagaponack, NY)

    The safety zone for the annual Treibeck's fireworks display 
encompasses all waters of the Atlantic Ocean off Sagaponack, NY within 
a 1200-foot radius of the fireworks barge located in approximate 
position 40 deg.54'04" N, 072 deg.16'50" W.
    These safety zones will be enforced from 8 p.m. until 11 p.m. 
(e.s.t.) each day a barge with a ``FIREWORKS--STAY AWAY'' sign is 
posted in zone. However, vessels may enter, remain in, or transit 
through these safety zones during this time frame if authorized by the 
Captain of the Port Long Island Sound, or designated Coast Guard patrol 
personnel on scene, as provided for in 33 CFR 165.23. Enforcement of 
the safety zones will not prevent vessels from using affected bodies of 
water by simply transiting around the safety zones. Vessels are not 
precluded from mooring at or getting underway from commercial or 
recreational piers in the vicinity of any of the 17 safety zones. These 
safety zones provide for the safety of life on navigable waters during 
the events. Public notifications will be made prior to the events by 
all means to effect the widest publicity among the affected segments of 
the public, including publication in the local notice to mariners, 
marine information broadcasts, and facsimile.

Discussion of Comments and Changes

    The Coast Guard received no letters commenting on the proposed 
rulemaking. No changes were made to this rulemaking.

Regulatory Evaluation

    This 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 rule to be so minimal that a 
full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary. The impact of this rule 
is expected to be minimal for the following reasons: Vessels may still 
transit through these safety zones except during the 45 minute period 
that a Coast Guard Patrol vessel is present; the safety zones are 
enforced during night hours when maritime traffic within the effected 
areas is the lightest; our historical experience with fireworks 
displays in these locations suggests that the maritime public is not 
burdened by the brief imposition of restrictions on vessel movement, as 
no objections have been lodged against previous safety zones 
established during fireworks displays in the same areas; vessels can 
moor and transit around the safety zones at all times. Advance 
notifications will also be made to the local maritime community by the 
Local Notice to Mariners. Marine information and facsimile broadcasts 
may also be made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this 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

[[Page 22352]]

governmental jurisdictions with populations of less than 50,000.
    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.
    These safety zones will not have a significant economic impact on a 
substantial number of small entities for the following reasons: Vessel 
traffic can transit around all 17 safety zones during their enforcement 
period; vessels will not be precluded from getting underway, or mooring 
at, any piers or marinas currently located in the vicinity of the 
safety zones; the zones are only effective for a brief period; before 
the effective period of any zone, we will issue maritime advisories 
widely available to users of Long Island Sound, the Connecticut and 
Thames Rivers, Great South Bay, Shinnecock Bay, and the Atlantic Ocean 
off Connecticut and New York by local notice to mariners. Marine 
information and facsimile broadcasts may also be made.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. However, 
we received no requests for assistance from small entities.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132, Federalism, 
and have determined that this rule does not have implications for 
federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments. A 
rule with tribal implications has a substantial direct effect on one or 
more Indian tribe, 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 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 rule and concluded 
that, under figure 2-1, paragraph 34(g), of Commandant Instruction 
M16475.1C, this rule is categorically excluded from further 
environmental documentation. This 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 amends 
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. Add Sec. 165.151 to read as follows:


Sec. 165.151  Safety Zones; Long Island Sound annual fireworks 
displays.

    (a) Safety Zones. The following areas are designated safety zones. 
All coordinates references 1983 North American Datum (NAD83).
    (1) Indian Harbor Yacht Club Fireworks Safety Zone. All waters of 
Long Island Sound off Greenwich CT, within a 800-foot radius of the 
fireworks barge located in approximate position 41 deg.00 '35" N, 
073 deg.37'05" W.
    (2) City of Rowayton Fireworks Safety Zone. All waters of Long 
Island Sound in Sheffield Channel off of Ballast Reef within a 1000-
foot radius of the fireworks barge located in approximate position 
41 deg.03'11" N, 073 deg.26'41" W.
    (3) The Yampol Family Fireworks Safety Zone. All waters of Long 
Island Sound off Cold Springs Harbor, Cove Neck New York within a 1200-
foot radius of the fireworks barge located in approximate position 
40 deg.53'00" N, 073 deg.29'13" W.
    (4) Groton Long Point Yacht Club Fireworks Safety Zone. All waters 
of Long Island Sound off of Groton Long Point, Groton, CT, within a 
600-foot radius of the fireworks barge in approximate position 
41 deg.18'05" N, 072 deg.02'08" W.
    (5) City of West Haven Fireworks Safety Zone. All waters of New 
Haven Harbor on Long Island Sound off Bradley Point within a 1200-foot 
radius of the fireworks barge in approximate position 41 deg.15'07" N, 
072 deg.57'26" W.
    (6) New Haven Festival Fireworks Safety Zone. All waters of New 
Haven Harbor on Long Island Sound within a 1200-foot radius of the 
fireworks barge in approximate position 40 deg.17'31" N, 072 deg.54'48" 
W.
    (7) Madison Cultural Arts Fireworks Safety Zone. All the waters of 
Long Island Sound located off the City of Madison within an 800-foot 
radius of the fireworks barge in approximate position 41 deg.16'10" N, 
072 deg.36'30" W.
    (8) Arnold L. Chase Fireworks Safety Zone. All waters of 
Connecticut River within a 600 foot radius of the fireworks

[[Page 22353]]

barge located in approximate position 41 deg.15'56" N, 072 deg.21'49" 
W, about 100-yards off Fenwick Pier.
    (9) Saybrook Summer Pops Fireworks Safety Zone. All waters of 
Connecticut River within a 600-foot radius of the fireworks barge 
located in approximate position 41 deg.17'35" N, 072 deg.21'20" W.
    (10) Mashantucket Pequot Fireworks Safety Zone. All waters of 
Thames River within a 1200-foot radius of the fireworks barges located 
in approximate positions: barge one, 41 deg.21'01" N, 072 deg.05'25" W, 
barge two, 41 deg.20'58" N, 072 deg.05'23" W, barge three, 
41 deg.20'53" N, 072 deg.05'21" W, located off New London, CT.
    (11) Harbor Day Fireworks Safety Zone. All waters of Thames River 
within a 600-foot radius of the fireworks barge located in approximate 
position 41 deg.31'14" N 072 deg.04'44" W, located off American Warf 
Marina, Norwich, CT.
    (12) Riverfest Fireworks Safety Zone. All the waters of the 
Connecticut River within a 600-foot radius of the fireworks barge 
located in approximate position 41 deg.45'34" N, 072 deg.39'37" W.
    (13) Southampton Fresh Air Home Fireworks Safety Zone. All the 
waters of Shinnecock Bay within a 600-foot radius of the fireworks 
barge located in approximate position 40 deg.51'48" N, 072 deg.28'30" 
W, off of Southampton, NY.
    (14) T.E.L. Enterprises Fireworks Safety Zone. All the waters of 
Great South Bay within a 600-foot radius of the fireworks barge located 
in approximate position 40 deg.41'17" N, 073 deg.00'20" W, off of Davis 
Park, NY.
    (15) Patchogue Chamber of Commerce Fireworks Safety Zone. All the 
waters of Great South Bay within an 800-foot radius of the fireworks 
barge located in approximate position 40 deg.44'38" N, 073 deg.00'33" 
W, off of Patchogue, NY.
    (16) Fire Island Tourist Bureau Fireworks Safety Zone. All the 
waters of Great South Bay within a 600-foot radius of the fireworks 
barge located in approximate position 40 deg.35'45" N, 073 deg.05'23" 
W, off of Cherry Cove, NY.
    (17) Treibeck's Party Fireworks Safety Zone. All the waters of the 
Atlantic Ocean within a 1200-foot radius of the fireworks barge located 
in approximate position 40 deg.54'04" N, 072 deg.16'50" W, off of 
Sagaponack, NY.
    (b) Notification. Coast Guard Group/Marine Safety Office Long 
Island Sound and Coast Guard Group Moriches will cause notice of the 
activation of these safety zones to be made by all appropriate means to 
effect the widest publicity among the affected segments of the public, 
including publication in the local notice to mariners, marine 
information broadcasts, and facsimile. Fireworks barges used in these 
locations will also have a sign on their port and starboard side 
labeled ``FIREWORKS--STAY AWAY'' with the same dimensions listed 
previously.
    (c) Enforcement period. Specific zones in this section will be 
enforced from 8 p.m. to 11 p.m. (e.s.t.) each day a barge with a 
``FIREWORKS--STAY AWAY'' sign is posted in that zone.
    (d) Regulations. Vessels may not enter, remain in, or transit 
through the safety zones in this section during the enforcement period 
unless authorized by the Captain of the Port Long Island Sound or 
designated Coast Guard patrol personnel on scene.

    Dated: April 15, 2002.
J.J. Coccia,
Captain, U. S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 02-11061 Filed 5-2-02; 8:45 am]
BILLING CODE 4910-15-P