[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Rules and Regulations]
[Pages 38926-38934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16373]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0427]
RIN 1625-AA08 and AA00


Safety Zones; Marine Events Within the Captain of the Port Sector 
Long Island Sound Area of Responsibility, June Through October

AGENCY: Coast Guard, DHS.

[[Page 38927]]


ACTION: Interim rule with request comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing 29 safety zones for marine 
events within the Captain of the Port Sector Long Island Sound area of 
responsibility for regattas, power boat races, and firework displays. 
This action is necessary to provide for the safety of life on navigable 
waters during the events. Entry into, transit through, mooring or 
anchoring within these zones is prohibited unless authorized by the 
Captain of the Port Sector Long Island Sound.

DATES: This rule is effective July 7, 2010 through 11:59 p.m. on 
October 3, 2010. This rule is effective with actual notice for purposes 
of enforcement beginning at 8:30 p.m. on June 25, 2010. Comments and 
related material must reach the Coast Guard on or before August 23, 
2010. Requests for public meetings must be received by the Coast Guard 
on or before July 28, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0427 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim 
rule, call or e-mail Petty Officer Joseph Graun, Prevention Department, 
Coast Guard Sector Long Island Sound, (203) 468-4459, 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0427), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand delivery, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Rules'' and insert ``USCG-2010-0427'' in the ``Keyword'' box. Click 
``Search'' then click on the balloon shape in the ``Actions'' column. 
If you submit comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change this rule 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0427'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before July 28, 2010 using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

Regulatory Information

    The Coast Guard is issuing this interim rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. It is impractical to issue a NPRM and take 
public comment before June 25, 2010 when the first marine event 
necessitating a safety zone is scheduled to occur. Further, it is 
contrary to public interest to delay the effective date of this rule or 
to delay or cancel the scheduled events. Delaying the effective date by 
first publishing a NPRM would be contrary to the rule's objectives of 
ensuring safety of life on the navigable waters during these scheduled 
events as immediate action is needed to protect persons and vessels 
from the hazards associated with vessels participating in regattas, 
powerboat races, as well as the hazardous nature of fireworks including 
unexpected detonation and burning debris. We are requesting public

[[Page 38928]]

comment on the safety zones, and if we receive public input that 
indicates a need to revise the safety zone regulations or the 
conditions they impose, or raises any other significant public 
concerns, we will address those concerns prior to issuing any final 
rule. For the same reasons, 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.

Basis and Purpose

    Marine events are frequently held on the navigable waters within 
the area of responsibility for COTP Long Island Sound. These events 
include sailing regattas, swim events, power boat races, row and paddle 
boat races, parades, and firework displays. Based on the nature of the 
events, large number of participants and spectators, and the event 
locations, the Coast Guard has determined that the events listed in 
this rule could pose a risk to participants or waterway users if normal 
vessel traffic were to interfere with the event. Possible hazards 
include risks of participant injury or death resulting from near or 
actual contact with non-participant vessels traversing through the 
regulated areas. In order to protect the safety of all waterway users 
including event participants and spectators, this temporary rule 
establishes safety zones for the time and location of each event.
    This rule prevents vessels from entering, transiting, mooring or 
anchoring within areas specifically designated as regulated areas 
during the periods of enforcement unless authorized by the Captain of 
the Port, or designated on-scene patrol personnel. ``Designated on-
scene patrol personnel'' are any Coast Guard commissioned, warrant, or 
petty officer who has been designated by the Captain of the Port to act 
on his behalf. On-scene patrol personnel may be comprised of local, 
State or Federal officials authorized to act in support of the Coast 
Guard.
    The Coast Guard has ordered safety zones or special local 
regulations for all of these 25 areas for past events and has not 
received public comments or concerns regarding the impact to waterway 
traffic from these annual events.

Discussion of Rule

    This temporary rule creates safety zones for all navigable waters 
within the described area of each event as follows: A 1000 foot zone 
around all firework displays, a 200 foot zone around all regattas, and 
a 600 foot zone around all power boat races.
    The tables below summarize the regulated area size that applies to 
each event along with the event name, date, time, and location:

                Firework Displays: 1,000 Foot Safety Zone
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Shelter Island Fireworks.....   Date: July 10, 2010.
                                Rain date: July 11, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Gardiner
                                Bay off East Beach, Shelter Island, NY
                                in approximate position
                                41[deg]04'39.11'' N, 072[deg]22'01.07''
                                W (NAD 83).
Mason's Island Yacht Club       Date: July 4, 2010
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Fisher's
                                Island Sound, Noank, CT in approximate
                                position 41[deg]19'31.00'' N,
                                071[deg]57'48.00'' W (NAD 83).
Centerport Fire Department      Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Mill
                                Pond, Centerport, NY in approximate
                                position 40[deg]54'18.00'' N,
                                073[deg]22'40.00'' W (NAD 83).
City of Long Beach Fireworks.   Date: July 9, 2010.
                                Rain date: July 10, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of the
                                Atlantic Ocean off Riverside Blvd., City
                                of Long Beach, NY in approximate
                                position 40[deg]34'38.77'' N,
                                073[deg]39'41.32'' W (NAD 83).
Town of Babylon Fireworks....   Date: August 28, 2010.
                                Rain date: August 29, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters off of
                                Cedar Beach Town Park, Babylon, NY in
                                approximate position 40[deg]37'53'' N,
                                073[deg]20'12'' W (NAD 83).
Village of Quoque Foundering    Date: July 4, 2010.
 Anniversary Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Quantuck
                                Bay, Quoque, NY in approximate position
                                40[deg]48'42.99'' N, 072[deg]37'20.20''
                                W (NAD 83).
CDM Chamber of Commerce         Date: July 4, 2010.
 Annual Music Fest Fireworks.   Rain date: July 5, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters off of
                                Cedar Beach Town Park, Mount Sinai, NY
                                in approximate position
                                40[deg]57'54.02'' N, 073[deg]01'57.52''
                                W (NAD 83).
Cancer Center for Kids          Date: July 3, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters off of
                                Bayville, NY in approximate position
                                40[deg]55'19.38'' N, 073[deg]03'40.41''
                                W (NAD 83).
Lawrence Beach Club Fireworks   Date: July 3, 2010.
                                Rain date: July 5, 2010.
                                Time: 8:30 pm to 10:30 pm.

[[Page 38929]]

 
                                Location: All waters of the
                                Atlantic Ocean off Lawrence Beach Club,
                                Atlantic Beach, NY in approximate
                                position 40[deg]34'42.65'' N,
                                073[deg]42'56.02'' W (NAD 83).
Sag Harbor Fireworks.........   Date: July 3, 2010.
                                Rain date: July 4, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Sag
                                Harbor Bay off Havens Beach, Sag Harbor,
                                NY in approximate position
                                41[deg]00'13.03'' N, 072[deg]17'26.07''
                                W (NAD 83).
Point O'Woods Fire Company      Date: July 2, 2010.
 Summer Fireworks.
                                Rain date: July 4, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of the
                                Great South Bay, Point O'Woods, NY in
                                approximate position 40[deg]39'54'' N,
                                073[deg]07'47.3'' W (NAD 83).
Village of Port Jefferson       Date: July 4, 2010.
 Fourth of July Celebration
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Port
                                Jefferson Harbor off East Beach, NY in
                                approximate position 40[deg]57'53.189''
                                N, 073[deg]03'9.72'' W (NAD 83).
Town of North Hempstead Bar     Date: July 17, 2010.
 Beach Fireworks.
                                Rain date: July 18, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of
                                Hempstead Harbor off Bar Beach, North
                                Hempstead, NY in approximate position
                                40[deg]49'54'' N, 073[deg]39'14'' W (NAD
                                83).
Port Washington Sons of Italy   Date: August 7, 2010.
 Fireworks.
                                Rain date: August 8, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of
                                Hempstead Harbor off Bar Beach, North
                                Hempstead, NY in approximate position
                                40[deg]49'48.04'' N, 073[deg]39'24.32''
                                W (NAD 83).
Pyro-FX Entertainment Group     Date: August 7, 2010.
 Fireworks.
                                Rain date: August 8, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of the
                                Connecticut River off Chester, CT in
                                approximate position 41[deg]23'18'' N,
                                072[deg]25'36'' W (NAD 83).
The Creek Fireworks..........   Date: September 4, 2010.
                                Rain date: None.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Long
                                Island Sound off of The Creek Club,
                                Lattingtown, NY in approximate position
                                40[deg]54'13'' N, 073[deg]35'58'' W (NAD
                                83).
Town of Islip Labor Day         Date: September 25, 2010.
 Fireworks.
                                Rain date: September 26, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Great
                                South Bay off Bay Shore Marina, Islip,
                                NY in approximate position
                                40[deg]42'39'' N, 073[deg]14'12'' W (NAD
                                83).
Great South Bay Music           Date: July 9, 2010.
 Festival Fireworks.
                                Rain date: July 10, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Great
                                South Bay, off Bay Avenue, Patchogue, NY
                                in approximate position 40[deg]44'45''
                                N, 073[deg]00'25'' W (NAD 83).
Fund in the Sun Fireworks....   Date: July 4, 2010.
                                Rain date: None.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of the
                                Great South bay off The Pines, East Fire
                                Island, NY in approximate position
                                40[deg]40'07.43'' N, 073[deg]04'13.88''
                                W (NAD 83).
Independence Day Celebration    Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters off of
                                Umbrella Beach, Montauk, NY in
                                approximate position 41[deg]01'44'' N,
                                071[deg]57'13'' W. (NAD 83).
East Hampton Fire Department    Date: September 4, 2010.
 Fireworks.
                                Rain date: September 5, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters off of East
                                Hampton, NY in approximate position
                                40[deg]56'40.28'' N, 072[deg]11'21.26''
                                W (NAD 83).
Village of Island Park Labor    Date: September 25, 2010.
 Day Celebration Fireworks.
                                Rain date: September 26, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters off of
                                Village of Island Park Fishing Pier,
                                Village Beach, NY in approximate
                                position 40[deg]57'53.189'' N,
                                073[deg]03'9.72'' W (NAD 83).
Barnum Festival Fireworks....   Date: June 25, 2010.
                                Rain date: None.
                                Time: 8:30 pm to 10:30 pm.

[[Page 38930]]

 
                                Location: All waters of
                                Bridgeport Harbor, Bridgeport, CT. in
                                approximate position 41[deg]9'04'' N,
                                073[deg]12'49'' W (NAD 83).
Clam Shell Foundation           Date: July 17, 2010.
 Fireworks.
                                Rain date: July 18, 2010.
                                Time: 9:30 pm to 10:30 pm.
                                Location: All waters of Three
                                Mile Harbor, East Hampton, NY in
                                approximate position 41[deg]1'15.49'' N,
                                072[deg]11'27.50'' W (NAD 83).
Village of Bellport             Date: August 7, 2010.
 Centennial.
                                Rain date: August 8, 2010.
                                Time: 9:00 pm to 10:30 pm.
                                Location: All waters of Bellport
                                Bay, off Bellport Dock, Bellport, NY in
                                approximate position 40[deg]45'01.83''
                                N, 072[deg]55'50.43'' W (NAD 83).
Go 4th on the Bay............   Date: July 4, 2010.
                                Rain date: July 5, 2010.
                                Time: 9:00 pm to 10:30 pm.
                                Location: All waters of the
                                Great South Bay, off Davis Park, Island,
                                NY in approximate position
                                40[deg]41'04.01'' N, 073[deg]00'23.56''
                                W (NAD 83).
------------------------------------------------------------------------
                  Regatta Events: 200 Foot Safety Zone
------------------------------------------------------------------------
Riverfront Regatta...........   Date: October 3, 2010.
                                Rain date: None.
                                Time: 08:30 am to 10:30 pm.
                                Location: Connecticut River,
                                Hartford, CT. None between the Putnum
                                Bridge 41[deg]42.87' N 072[deg]38.43' W
                                and the Riverside Boat House
                                41[deg]46.42' N 072[deg]39.83' W.
------------------------------------------------------------------------
                 Power Boat Races: 600 Foot Safety Zone
------------------------------------------------------------------------
Riverfront U.S. Title Series    Date: September 3, 4, & 5, 2010.
 Powerboat Race.
                                Rain date: None.
                                Time: 9:30 pm to 6:30 pm.
                                Location: Bank to bank on the
                                Connecticut River, Hartford, CT from
                                approximate position North 41*
                                45'53.47'' N/72* 39'55.77'' W to South
                                41* 45'37.39'' N/72* 39'47.49'' W (NAD
                                83).
Battle on the Bay Powerboat     Date: August 21-22, 2010.
 Race.
                                Rain date: None.
                                Time: 6:00 pm to 7:30 pm.
                                Location: Shorefront Park, Great
                                South Bay, Patchogue, NY from
                                approximate position: Beginning at a
                                point off Sand Spit Park, Patchogue, NY
                                at position 40[deg]44'45'' N,
                                073[deg]00'51'' W, then running south to
                                a point in Great South Bay at position
                                40[deg]43'46'' N, 073[deg]00'51'' W,
                                then running south east to position
                                40[deg]43'41'' N, 073[deg]00'20'' W,
                                then running north east to position
                                40[deg]43'54'' N, 072[deg]58'46'' W,
                                then east to position 40[deg]43'58'' N,
                                072[deg]57'32'' W, then east to position
                                40[deg]43'57'' N, 072[deg]56'49'' W,
                                then north to position 40[deg]44'18'' N,
                                072[deg]56'49'' W, then west to position
                                40[deg]44'18'' N, 072[deg]57'32'' W,
                                then north west to position
                                40[deg]44'30'' N, 072[deg]58'32'' W,
                                then north west to position
                                40[deg]44'33'' N, 072[deg]59'12'' W,
                                then north west to position
                                40[deg]44'41'' N, 072[deg]59'51'' W,
                                then north west to position
                                40[deg]44'46'' N, 073[deg]00'04'' W, and
                                then closing the zone at position
                                40[deg]44'45'' N, 073[deg]00'51'' W (NAD
                                83).
------------------------------------------------------------------------

    As large numbers of spectator vessels are expected to congregate 
around the location of these events, the regulated areas are needed to 
protect both spectators and participants from the safety hazards 
created by the event. During the enforcement period of the regulated 
areas, persons and vessels are prohibited from entering, transiting 
through, remaining, anchoring or mooring within the zone unless 
specifically authorized by the COTP or his designated representatives. 
The Coast Guard may be assisted by other federal, state and local 
agencies in the enforcement of these regulated areas.
    The Coast Guard determined that these regulated areas will not have 
a significant impact on vessel traffic due to their temporary nature 
and limited size and the fact that vessels are allowed to transit the 
navigable waters outside of the regulated areas.
    Advanced public notifications will also be made to the local 
maritime community by the Local Notice to Mariners as well as Broadcast 
Notice to Mariners.

Regulatory Analyses

    We developed this interim rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    The Coast Guard determined that this rule is not a significant 
regulatory action for the following reasons: The regulated areas will 
be of limited duration, they cover only a small portion of the 
navigable waterways, and the events are designed to avoid, to the 
extent possible, deep draft, fishing, and recreational boating traffic 
routes. In addition, vessels requiring entry into the area of the 
regulated areas may be authorized to do so by the Captain of the Port.

Small Entities

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

[[Page 38931]]

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 will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in the designated regulated area during the 
enforcement periods stated for each event in the List of Subjects.
    The safety zones will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
regulated areas will be of limited size and of short duration, and 
vessels that can safely do so may navigate in all other portions of the 
waterways except for the areas designated as regulated areas. 
Additionally, before the effective period, the Coast Guard will issue 
notice of the time and location of each regulated area through a Local 
Notice to Mariners and Broadcast Notice to Mariners.
    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 offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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 (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.

Taking of Private Property

    This rule will not cause 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 create 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 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.

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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 
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 is categorically excluded, under figure 2-1, paragraph (34)(g) and 
(h), of the Instruction. This rule involves establishing safety zones. 
An environmental analysis checklist and a categorical exclusion 
determination are available in the

[[Page 38932]]

docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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, 1231; 46 U.S.C. Chapters 701, 3306, 
3703; 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 Sec.  165.T01-0505 to read as follows:


Sec.  165.T01-0505  Safety Zones; Marine Events within the Captain of 
the Port Sector Long Island Sound Area of Responsibility, June through 
September.

    (a) Safety Zones. The following areas are designated safety zones:
    (1) Locations. The locations for each safety zone are provided in 
the below EVENTS TABLE. For all events listed in the EVENTS TABLE 
below, the safety zones for firework displays includes all navigable 
waters within a 1000 foot radius of the fireworks launch site; all 
navigable waters within a 200 foot radius of all regattas; and for all 
power boat races, the safety zone includes all navigable waters within 
a 600 foot radius around the designated race course.

                Firework Displays: 1,000 Foot Safety Zone
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Shelter Island Fireworks.....   Date: July 10, 2010.
                                Rain date: July 11, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Gardiner
                                Bay off East Beach, Shelter Island, NY
                                in approximate position
                                41[deg]04[min]39.11[sec] N,
                                072[deg]22[min]01.07[sec] W (NAD 83).
Mason's Island Yacht Club       Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Fisher's
                                Island Sound, Noank, CT in approximate
                                position 41[deg]19[min]31.00[sec] N,
                                071[deg]57[min]48.00[sec] W (NAD 83).
Centerport Fire Department      Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Mill
                                Pond, Centerport, NY in approximate
                                position 40[deg]54[min]18.00[sec] N,
                                073[deg]22[min]40.00[sec] W (NAD 83).
City of Long Beach Fireworks.   Date: July 9, 2010.
                                Rain date: July 10, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of the
                                Atlantic Ocean off Riverside Blvd., City
                                of Long Beach, NY in approximate
                                position 40[deg]34[min]38.77[sec] N,
                                073[deg]39[min]41.32[sec] W (NAD 83).
Town of Babylon Fireworks....   Date: August 28, 2010.
                                Rain date: August 29, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters off of
                                Cedar Beach Town Park, Babylon, NY in
                                approximate position
                                40[deg]37[min]53[sec] N,
                                073[deg]20[min]12[sec] W (NAD 83).
Village of Quoque Foundering    Date: July 4, 2010.
 Anniversary Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Quantuck
                                Bay, Quoque, NY in approximate position
                                40[deg]48[min]42.99[sec] N,
                                072[deg]37[min]20.20[sec] W (NAD 83).
CDM Chamber of Commerce         Date: July 4, 2010.
 Annual Music Fest Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters off of
                                Cedar Beach Town Park, Mount Sinai, NY
                                in approximate position
                                40[deg]57[min]54.02[sec] N,
                                073[deg]01[min]57.52[sec] W (NAD 83).
Cancer Center for Kids          Date: July 3, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters off of
                                Bayville, NY in approximate position
                                40[deg]55[min]19.38[sec] N,
                                073[deg]03[min] 40.41[sec] W (NAD 83).
Lawrence Beach Club Fireworks   Date: July 3, 2010.
                                Rain date: July 5, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of the
                                Atlantic Ocean off Lawrence Beach Club,
                                Atlantic Beach, NY in approximate
                                position 40[deg]34[min]42.65[sec] N,
                                073[deg]42[min]56.02[sec] W (NAD 83).
Sag Harbor Fireworks.........   Date: July 3, 2010.
                                Rain date: July 4, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Sag
                                Harbor Bay off Havens Beach, Sag Harbor,
                                NY in approximate position
                                41[deg]00[min]13.03[sec] N,
                                072[deg]17[min]26.07[sec] W (NAD 83).
Point O'Woods Fire Company      Date: July 2, 2010.
 Summer Fireworks.
                                Rain date: July 4, 2010.
                                Time: 8:30 pm to 10:30 pm.

[[Page 38933]]

 
                                Location: All waters of the
                                Great South Bay, Point O'Woods, NY in
                                approximate position
                                40[deg]39[min]54[sec] N,
                                073[deg]07[min]47.3[sec] W (NAD 83).
Village of Port Jefferson       Date: July 4, 2010.
 Fourth of July Celebration
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Port
                                Jefferson Harbor off East Beach, NY in
                                approximate position
                                40[deg]57[min]53.189[sec] N,
                                073[deg]03[min]9.72[sec] W (NAD 83).
Town of North Hempstead Bar     Date: July 17, 2010.
 Beach Fireworks.
                                Rain date: July 18, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of
                                Hempstead Harbor off Bar Beach, North
                                Hempstead, NY in approximate position
                                40[deg]49[min]54[sec] N,
                                073[deg]39[min]14[sec] W (NAD 83).
Port Washington Sons of Italy   Date: August 7, 2010.
 Fireworks.
                                Rain date: August 8, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of
                                Hempstead Harbor off Bar Beach, North
                                Hempstead, NY in approximate position
                                40[deg]49[min]48.04[sec] N,
                                073[deg]39[min]24.32[sec] W (NAD 83).
Pyro-FX Entertainment Group     Date: August 7, 2010.
 Fireworks.
                                Rain date: August 8, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of the
                                Connecticut River off Chester, CT in
                                approximate position
                                41[deg]23[min]18[sec] N,
                                072[deg]25[min]36[sec] W (NAD 83).
The Creek Fireworks..........   Date: September 4, 2010.
                                Rain date:
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Long
                                Island Sound off of The Creek Club,
                                Lattingtown, NY in approximate position
                                40[deg]54[min]13[sec] N,
                                073[deg]35[min]58[sec] W (NAD 83).
Town of Islip Labor Day         Date: September 25, 2010.
 Fireworks.
                                Rain date: September 26, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Great
                                South Bay off Bay Shore Marina, Islip,
                                NY in approximate position
                                40[deg]42[min]39[sec] N,
                                073[deg]14[min]12[sec] W (NAD 83).
Great South Bay Music           Date: July 9, 2010.
 Festival Fireworks.
                                Rain date: July 10, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of Great
                                South Bay, off Bay Avenue, Patchogue, NY
                                in approximate position
                                40[deg]44[min]45[sec] N,
                                073[deg]00[min]25[sec] W (NAD 83).
Fund in the Sun Fireworks....   Date: July 4, 2010.
                                Rain date: None.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of the
                                Great South bay off The Pines, East Fire
                                Island, NY in approximate position
                                40[deg]40[min]07.43[sec] N,
                                073[deg]04[min]13.88[sec] W (NAD 83).
Independence Day Celebration    Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters off of
                                Umbrella Beach, Montauk, NY in
                                approximate position
                                41[deg]01[min]44[sec] N,
                                071[deg]57[min]13[sec] W (NAD 83).
East Hampton Fire Department    Date: September 4, 2010.
 Fireworks.
                                Rain date: September 5, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters off of East
                                Hampton, NY in approximate position
                                40[deg]56[min]40.28[sec] N,
                                072[deg]11[min]21.26[sec] W (NAD 83).
Village of Island Park Labor    Date: September 25, 2010.
 Day Celebration Fireworks.
                                Rain date: September 26, 2010.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters off of
                                Village of Island Park Fishing Pier,
                                Village Beach, NY in approximate
                                position 40[deg]57[min]53.189[sec] N,
                                073[deg]03[min]9.72[sec] W (NAD 83).
Barnum Festival Fireworks....   Date: June 25, 2010.
                                Rain date: None.
                                Time: 8:30 pm to 10:30 pm.
                                Location: All waters of
                                Bridgeport Harbor, Bridgeport, CT. in
                                approximate position
                                41[deg]9[min]04[sec] N,
                                073[deg]12[min]49[sec] W (NAD 83).
Clam Shell Foundation           Date: July 17, 2010.
 Fireworks.
                                Rain date: July 18, 2010.
                                Time: 9:30 pm to 10:30 pm.
                                Location: All waters of Three
                                Mile Harbor, East Hampton, NY in
                                approximate position
                                41[deg]1[min]15.49[sec] N,
                                072[deg]11[min]27.50[sec] W (NAD 83).
Village of Bellport             Date: August 7, 2010.
 Centennial.
                                Rain date: August 8, 2010.
                                Time: 9:00 pm to 10:30 pm.
                                Location: All waters of Bellport
                                Bay, off Bellport Dock, Bellport, NY in
                                approximate position
                                40[deg]45[min]01.83[sec] N,
                                072[deg]55[min]50.43[sec] W (NAD 83).

[[Page 38934]]

 
Go 4th on the Bay............   Date: July 4, 2010.
                                Rain date: July 5, 2010.
                                Time: 9:00 pm to 10:30 pm.
                                Location: All waters of the
                                Great South Bay, off Davis Park, Island,
                                NY in approximate position
                                40[deg]41[min]04.01[sec] N,
                                073[deg]00[min]23.56[sec] W (NAD 83).
------------------------------------------------------------------------
                 Power Boat Races: 600 Foot Safety Zone
------------------------------------------------------------------------
Riverfront US Title Series      Date: September 3, 4 & 5, 2010.
 Powerboat Race.
                                Rain date: None.
                                Time: 9:30 pm to 6:30 pm.
                                Location: Bank to bank on the
                                Connecticut River, Hartford, CT from
                                approximate position North 41*
                                45[min]53.47[sec] N/72*
                                39[min]55.77[sec] W to South 41*
                                45[min]37.39[sec] N/72*
                                39[min]47.49[sec] W (NAD 83).
Battle on the Bay Powerboat     Date: August 21-22, 2010.
 Race.
                                Rain date: None.
                                Time: 6:00 pm to 7:30 pm.
                                Location: Shorefront Park, Great
                                South Bay, Patchogue, NY. from
                                approximate position: Beginning at a
                                point off Sand Spit Park, Patchogue, NY
                                at position 40[deg]44[min]45[sec] N,
                                073[deg]00[min]51[sec] W, then running
                                south to a point in Great South Bay at
                                position 40[deg]43[min]46[sec] N,
                                073[deg]00[min]51[sec] W, then running
                                south east to position
                                40[deg]43[min]41[sec] N,
                                073[deg]00[min]20[sec] W, then running
                                north east to position
                                40[deg]43[min]54[sec] N,
                                072[deg]58[min]46[sec] W, then east to
                                position 40[deg]43[min]58[sec] N,
                                072[deg]57[min]32[sec] W, then east to
                                position 40[deg]43[min]57[sec] N,
                                072[deg]56[min]49[sec] W, then north to
                                position 40[deg]44[min]18[sec] N,
                                072[deg]56[min]49[sec] W, then west to
                                position 40[deg]44[min]18[sec] N,
                                072[deg]57[min]32[sec] W, then north
                                west to position 40[deg]44[min]30[sec]
                                N, 072[deg]58[min]32[sec] W, then north
                                west to position 40[deg]44[min]33[sec]
                                N, 072[deg]59[min]12[sec] W, then north
                                west to position 40[deg]44[min]41[sec]
                                N, 072[deg]59[min]51[sec] W, then north
                                west to position 40[deg]44[min]46[sec]
                                N, 073[deg]00[min]04[sec] W, and then
                                closing the zone at position
                                40[deg]44[min]45[sec] N,
                                073[deg]00[min]51[sec] W (NAD 83).
------------------------------------------------------------------------
                  Regatta Events: 200 Foot Safety Zone
------------------------------------------------------------------------
Riverfront Regatta...........   Date: October 3, 2010.
                                Rain date: None.
                                Time: 08:30 am to 10:30 pm.
                                Location: Connecticut River,
                                Hartford, CT. None between the Putnum
                                Bridge 41[deg]42.87[min] N
                                072[deg]38.43[min] W and the Riverside
                                Boat House 41[deg]46.42[min] N
                                072[deg]39.83[min] W.
------------------------------------------------------------------------

     (b) Notification. Coast Guard Sector Long Island Sound will cause 
notice of the enforcement of these temporary safety zones to be made by 
all appropriate means to affect the widest publicity among the effected 
segments of the public, including publication in the Local Notice to 
Mariners and Broadcast Notice to Mariners.
    (c) Enforcement Period. This section will be enforced for the 
duration of each event indicated in the table above. If the event is 
cancelled due to inclement weather, this section is in effect during 
the rain date indicated in the table above or as indicated in the Local 
Notice to Mariners. Notification of events held on a rain date will be 
made by Broadcast Notice to Mariners.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply. During the enforcement period, entry into, transiting 
through, remaining, mooring or anchoring within these safety zones is 
prohibited unless authorized by the Captain of the Port or his 
designated representatives.
    (2) These temporary safety zones are closed to all vessel traffic, 
except as may be permitted by the Captain of the Port or his designated 
representatives. Vessel operators given permission to enter or operate 
in the safety zones must comply with all directions given to them by 
the Captain of the Port or his designated representatives. Vessels that 
are granted permission to enter or remain within a safety zone may be 
required to be at anchor or moored to a waterfront facility such that 
the vessel's location will not interfere with the progress of the 
event. At all times when a vessel has been granted permission to enter 
within a safety zone, it shall endeavor to maintain at least 50 yards 
distance from any event participant unless otherwise directed.
    (3) The ``designated representative'' is any Coast Guard 
commissioned, warrant or petty officer who has been designated by the 
Captain of the Port to act on his behalf. The on-scene representative 
may be on a Coast Guard vessel, a state or local law enforcement 
vessel, or other designated craft, or may be on shore and will 
communicate with vessels via VHF-FM radio or loudhailer. In addition, 
members of the Coast Guard Auxiliary may be present to inform vessel 
operators of this regulation.
    (4) Vessel operators desiring to enter or operate within the safety 
zones shall request permission to do so by contacting the Captain of 
the Port Sector Long Island Sound at 203-468-4404, or via VHF Channel 
16.
    (5) The Captain of the Port or his designated representative may 
direct the delay, cancellation, or relocation of the specific area to 
be regulated within the generally described locations listed in the 
EVENTS TABLE above to ensure safety and compliance with environmental 
laws. Such changes in implementation of the safety zones may be 
required as a result of factors that could affect their associated 
marine events such as weather, vessel traffic density, spectator 
activities, participant behavior or potential environmental impacts.

    Dated: June 21, 2010.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2010-16373 Filed 7-6-10; 8:45 am]
BILLING CODE 9110-04-P