[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Rules and Regulations]
[Pages 61947-61950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25816]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0870]
RIN 1625-AA00


Safety Zones; Fireworks Displays in Captain of the Port Long 
Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing safety zones for Fireworks 
displays within the Captain of the Port (COTP) Long Island Sound Zone. 
This action is necessary to provide for the safety of life on navigable 
waters during these events. Entry into, transit through, mooring or 
anchoring within these zones is prohibited unless authorized by the 
COTP Sector Long Island Sound.

DATES: This rule is effective in the CFR from October 6, 2011 until 
10:30 p.m. on October 28, 2011. This rule is effective with actual 
notice for purposes of enforcement from 8:30 p.m. on September 24, 2011 
until 10:30 p.m. on October 28, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0870 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0870 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Petty Officer Joseph Graun, Prevention 
Department, U. S. Coast Guard Sector Long Island Sound, (203) 468-4544, 
[email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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 because any delay encountered in this 
regulation's effective date by publishing an NPRM would be contrary to 
public interest since immediate action is needed to protect both 
spectators and participants from the potential safety hazards 
associated with these events. We spoke to the event sponsors, and they 
are unable and unwilling to move their event dates for the following 
reasons.
    The sponsor for CDM Chamber of Commerce Annual Music Festival 
Fireworks submitted a marine event application with sufficient notice 
to the Coast Guard. This fireworks display is a recurring marine event 
with a corresponding entry in a proposed permanent rule for which the 
NPRM just closed its public comment period

[[Page 61948]]

(docket number USCG-2008-0384); No public comments were received. The 
Coast Guard is establishing this temporary safety zone to provide for 
safety of life during this year's event.
    The sponsor for the Dooley Wedding Fireworks stated their event is 
held in conjunction with a wedding that cannot be moved. The sponsor 
was not aware of the requirements for submitting a marine event 
application 135 days in advance resulting in a late notification to the 
Coast Guard. The sponsor is now aware of the reporting requirements.
    The sponsor for the Charles W. Morgan 70th Anniversary Fireworks 
Display stated they are unable and unwilling to reschedule their event 
because it is held in conjunction with a 70th anniversary festival that 
cannot be moved. Rescheduling the event would not be a viable option 
because the festival is a large public event with numerous venders 
already scheduled. This is a first time event, the sponsor was not 
aware of the requirements for submitting a marine event application 135 
days in advance, resulting in a late notification to the Coast Guard. 
The sponsor is now aware of the reporting requirements. 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. 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 both spectators and 
participants from the potential safety hazards associated with these 
events including unexpected pyrotechnics detonation and burning debris.

Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1226, 1231; 46 
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; and 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to define regulatory safety 
zones.
    This temporary rule establishes safety zones for fireworks 
displays. Fireworks displays are frequently held on the navigable 
waters within the COTP Long Island Sound Zone. Based on accidents that 
have occurred in the past and the explosive hazards of fireworks, the 
COTP Long Island Sound has determined that fireworks displays proximate 
to watercrafts pose significant risk to public safety and property.
    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.

Discussion of Rule

    This temporary rule establishes safety zones for three fireworks 
displays in the COTP Long Island Sound Zone. These events are listed 
below in the text of the regulation in table format.
    Because large numbers of spectator vessels are expected to 
congregate around the location of these events, these regulated areas 
are needed to protect both spectators and participants from the safety 
hazards created by them including unexpected pyrotechnics detonation 
and burning debris.
    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 COTP or 
designated representative.
    The Coast Guard has determined that these regulated areas will not 
have a significant impact on vessel traffic due to their temporary 
nature, limited size, and the fact that vessels are allowed to transit 
the navigable waters outside of the regulated areas. The COTP will 
cause public notifications to be made by all appropriate means 
including but not limited to the Local Notice to Mariners as well as 
Broadcast Notice to Mariners.

Regulatory Analyses

    We developed this 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.

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, 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 and cover only a small portion of the navigable 
waterways. Furthermore, vessels may transit the navigable waterways 
outside of the regulated areas. Vessels requiring entry into the 
regulated areas may be authorized to do so by the COTP or the 
designated representative.
    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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 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 areas during the 
enforcement periods stated for each event listed below in the List of 
Subjects.
    The temporary 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, notifications will be made before the effective 
period by all appropriate means, including but not limited to the Local 
Notice to Mariners and Broadcast Notice to Mariners well in advance of 
the events.

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

[[Page 61949]]

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 which 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), of the Instruction. This rule involves the establishment of 
safety zones.
    An environmental analysis checklist and a categorical exclusion 
determination are 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, and 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

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 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; and Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0870 to read as follows:


Sec.  165.T01-0870  Safety Zones; Fireworks Displays in Captain of the 
Port Long Island Sound Zone.

    (a) Regulations.
    The general regulations contained in 33 CFR 165.23 as well as the 
following regulations apply to the events listed in the TABLE of Sec.  
165.T01-0870. These regulations will be enforced for the duration of 
each event.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. 
Coast Guard who has been designated by the Captain of the Port, Sector 
Long Island Sound (COTP), to act on his or her behalf. The designated 
representative may be on an official patrol vessel 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.
    (2) Official Patrol Vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (c) Vessel operators desiring to enter or operate within the 
regulated areas should contact the COTP or the designated 
representative via VHF

[[Page 61950]]

channel 16 or by telephone at (203) 468-4404 to obtain permission to do 
so.
    (d) Spectators shall not anchor, block, loiter, or impede the 
transit of event participants or official patrol vessels in the 
regulated areas during the effective dates and times, or dates and 
times as modified through the Local Notice to Mariners, unless 
authorized by COTP or designated representative.
    (e) The COTP or designated representative may delay or terminate 
any marine event in this subpart at any time it is deemed necessary to 
ensure the safety of life or property.
    (f) The regulated area for all fireworks displays listed in the 
TABLE of Sec.  165.T01-0870 is that area of navigable waters within a 
1000 foot radius of the launch platform or launch site for each 
fireworks display. Fireworks barges used in these locations will also 
have a sign on their port and starboard side labeled ``FIREWORKS--STAY 
AWAY.'' This sign will consist of 10 inch high by 1.5 inch wide red 
lettering on a white background. Shore sites used in these locations 
will display a sign labeled ``FIREWORKS--STAY AWAY'' with the same 
dimensions.

                      Table of Sec.   165.T01-0870
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                                             Fireworks display events
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1 CDM Chamber of Commerce Annual Music    Date: September 24,
 Festival Fireworks.                      2011.
                                          Rain date: September
                                          25, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: A point 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).
2 Dooley Wedding Fireworks.............   Date: October 1, 2011.
                                          Rain Date: October 2,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: A point off
                                          of Oyster Bay Harbor, Mill
                                          Neck, NY in approximate
                                          position 40[deg]53'04.27'' N,
                                          073[deg]32'38.53'' W (NAD 83).
3 Charles W. Morgan 70th Anniversary      Date: October 28,
 Fireworks.                               2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: A point on
                                          the Mystic River, Mystic, CT
                                          in approximate position
                                          41[deg]21'56.455'' N,
                                          071[deg]57'58.32'' W (NAD 83).
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    Dated: September 23, 2011.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2011-25816 Filed 10-5-11; 8:45 am]
BILLING CODE 9110-04-P