[Federal Register Volume 72, Number 118 (Wednesday, June 20, 2007)]
[Rules and Regulations]
[Pages 33892-33894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11879]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-07-065]
RIN 1625-AA00


Safety Zone: City of Long Beach Fireworks, Atlantic Ocean, Long 
Beach, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the City of Long Beach Fireworks on the Atlantic Ocean off of Riverside 
Boulevard, Long Beach, NY. The safety zone is necessary to protect the 
life and property of the maritime community from the hazards posed by 
the fireworks display. Entry into or movement within this safety zone 
during the enforcement period is prohibited without approval of the 
Captain of the Port, Long Island Sound.

DATES: This rule is effective from 8:30 p.m. on July 6, 2007 to 10:30 
p.m. on July 7, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD01-07-065 and will be available for 
inspection or copying at Sector Long Island Sound, New Haven, CT, 
between 9 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant D. Miller, Chief, Waterways 
Management Division, Coast Guard Sector Long Island Sound at (203) 468-
4596.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The Coast Guard did not 
receive an Application for Approval of Marine Event for this event in 
sufficient time to conduct a notice and comment period, thereby making 
an NPRM impracticable. A delay or cancellation of the fireworks display 
in order to accommodate a full notice and comment period would be 
contrary to the pubic interest.
    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. Any delay encountered in this 
regulation's effective date would be impracticable and contrary to 
public interest since immediate action is needed to prevent vessel 
traffic from transiting a navigable portion of the Atlantic Ocean, near 
Long Beach, NY and to protect the maritime public from the hazards 
associated with this fireworks event.
    The temporary zone should have minimal negative impact on the 
public and navigation because it will be enforced for a two hour period 
on a single day and the area closed by the safety zone is minimal, thus 
allowing vessels to transit around the safety zone on the Atlantic 
Ocean, near Long Beach, NY.

Background and Purpose

    The City of Long Beach Fireworks display will be taking place in 
the Atlantic Ocean off Riverside Blvd., Long Beach, NY from 8:30 p.m. 
to 10:30 p.m. on July 6, 2007. If the fireworks display is cancelled 
due to inclement weather on July 6, 2007, it will take place from

[[Page 33893]]

8:30 p.m. to 10:30 p.m. on July 7, 2007. This safety zone is necessary 
to protect the life and property of the maritime public from the 
hazards posed by the fireworks display. It will protect the maritime 
public by prohibiting entry into or movement within the navigable 
portion of the Atlantic Ocean one hour prior to, during, and one hour 
after the stated event.

Discussion of Rule

    This regulation establishes a temporary safety zone on the 
navigable waters of the Atlantic Ocean, near Long Beach, NY within a 
1200-foot radius of the fireworks barge located at approximate position 
40[deg]34'38.77'' N, 073[deg]39'41.32'' W. The temporary safety zone 
will be outlined by temporary marker buoys installed by the event 
organizers.
    This action is intended to prohibit vessel traffic in a navigable 
portion of the Atlantic Ocean, near Long Beach, NY to provide for the 
protection of life and property of the maritime public. The safety zone 
will be enforced from 8:30 p.m. until 10:30 p.m. on July 6, 2007 or if 
the event is postponed due to inclement weather, from 8:30 p.m. to 
10:30 p.m. on July 7, 2007. Marine traffic may transit safely outside 
of the safety zone during the event thereby allowing navigation of the 
rest of the Atlantic Ocean except for the portion delineated by this 
rule.
    The Captain of the Port anticipates minimal negative impact on 
vessel traffic because of this safety zone due to the limited area and 
duration covered by this regulation. Public notifications will be made 
prior to the effective period via local notice to mariners and marine 
information broadcasts.

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.
    This regulation may have some impact on the public, but the 
potential impact will be minimized for the following reasons: Vessels 
will only be excluded from the area of the safety zone for two hours 
and vessels will be able to operate in other areas of the Atlantic 
Ocean, near Long Beach, NY during the enforcement period.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in those portions of the Atlantic Ocean covered by the safety 
zone. 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 offered to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking. If this rule will 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please call Lieutenant D. Miller, Chief, Waterways 
Management Division, Sector Long Island Sound, at (203) 468-4596.
    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.

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

    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 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

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 will 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, 
because it will 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

[[Page 33894]]

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. 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that there are no factors in this case that would limit the use of the 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation as the rule establishes a safety zone.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' will be 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.


0
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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226 and 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add temporary Sec.  165.T01-065 to read as follows:


Sec.  165.T01-065  Safety Zone: City of Long Beach Fireworks, Atlantic 
Ocean, Long Beach, NY.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Atlantic Ocean in a 1200-foot radius of a fireworks barge 
located at approximate position 40[deg]34'38.77'' N, 073[deg]39'41.32'' 
W.
    (b) Definition. The following definition applies to this section: 
Designated on-scene patrol personnel, means any commissioned, warrant, 
and petty officer of the U.S. Coast Guard operating a Coast Guard 
vessel who has been authorized to act on the behalf of the Captain of 
the Port, Long Island Sound.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into or movement within these zones is prohibited 
unless authorized by the Captain of the Port, Long Island Sound.
    (3) All persons and vessels shall comply with the Coast Guard 
Captain of the Port, Long Island Sound or designated on-scene patrol 
personnel.
    (4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel shall proceed 
as directed.
    (5) Persons and vessels may request permission to enter the zone on 
VHF-16 or via telephone at (203) 468-4401.
    (c) Enforcement period. This section will be enforced from 8:30 
p.m. to 10:30 p.m. on Friday, July 6, 2007. If the fireworks display is 
cancelled due to inclement weather, it will be enforced from 8:30 p.m. 
to 10:30 p.m. on Saturday, July 7, 2007.

    Dated: June 5, 2007.
J.J. Plunkett,
Commander, U.S. Coast Guard, Captain of the Port, Long Island Sound, 
Acting.
 [FR Doc. E7-11879 Filed 6-19-07; 8:45 am]
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