[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Rules and Regulations]
[Pages 34798-34800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14219]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0404]
RIN 1625-AA00


Safety Zone; USMMA Fireworks, Long Island Sound, Kings Point, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Long Island Sound in the vicinity of Kings Point, 
NY for a fireworks display. This temporary safety zone is necessary to 
protect spectators and vessels from the hazards associated with 
fireworks displays. This rule is intended to restrict all vessels from 
a portion of Long Island Sound before, during, and immediately after 
the fireworks event.

DATES: This rule will be effective from 9:00 p.m. on June 16, 2012 
until 10:08 p.m. on June 17, 2012. This rule will be enforced from 9:00 
p.m. until 10:08 p.m. on June 16, 2012, with a rain date of June 17, 
2012 from 9:00 p.m. until 10:08 p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0404]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Ensign Kimberly Farnsworth, Coast Guard; Telephone (718) 
354-4163, email [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:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory History and 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 sufficient information about the 
event was not received in time to publish a NPRM followed by a final 
rule before the effective date, thus making the publication of a NPRM 
impractical. The Coast Guard received the information about the event 
on May 3, 2012. Any delay encountered in this regulation's effective 
date by publishing a NPRM would be contrary to public interest, since 
immediate action is needed to provide for the safety of life and 
property on navigable waters from the hazards associated with fireworks 
including unexpected detonation and burning debris.
    The event sponsor advised that the event is in correlation with the 
graduation ceremony of the United

[[Page 34799]]

States Merchant Marine Academy, where the graduating class, faculty, 
and family members are anticipating this event taking place as 
scheduled, therefore the sponsor is unable to cancel or delay the event 
date. In addition, any change to the date of the event would cause 
economic hardship on the event sponsor, negatively impacting other 
activities being held in conjunction with the event.
    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. The rule must become effective on 
the date specified in order to provide for the safety of spectators and 
vessels operating in the area near this event. Delaying the effective 
date of this rule would be contrary to the public interest and would 
expose spectators, vessels to the hazards associated with the fireworks 
event. Also a delay or cancellation of the fireworks event in order to 
allow for the publication in the Federal Register is contrary to the 
public's interest in having this event occur as scheduled.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 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, 
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1.
    This temporary safety zone is necessary to ensure the safety of 
spectators and vessels from hazards associated with the fireworks 
display. The safety zone will be enforced starting at 9:00 p.m. which 
is a half hour before the launch time in order to ensure the barge can 
safely get in position. The fireworks launch will begin at 9:30 p.m. 
and last for approximately 8 minutes. The zone will continue to be 
enforced for 30 minutes after the display as a cool down for the barge, 
to ensure the safe movement as it transits back to homeport.

C. Discussion of the Final Rule

    This rule establishes a temporary safety zone on the waters of Long 
Island Sound in the vicinity of Kings Point, NY. All persons and 
vessels shall comply with the instructions of the COTP New York or the 
designated representative during the enforcement of the temporary 
safety zone. Entering into, transiting through, or anchoring within the 
temporary safety zone is prohibited unless authorized by the COTP New 
York, or the designated representative.
    Based on the inherent hazards associated with fireworks, the 
Captain of the Port (COTP) New York has determined that fireworks 
launches in close proximity to water crafts pose a significant risk to 
public safety and property. The combination of increased number of 
recreational vessels, congested waterways, darkness punctuated by 
bright flashes of light, and debris especially burning debris falling 
on passing or spectator vessels has the potential to result in serious 
injuries or fatalities. This temporary safety zone will restrict 
vessels from a portion of the Long Island Sound around the location of 
the fireworks launch platform before, during, and immediately after the 
fireworks display.
    The Coast Guard determined that this regulated area will not have a 
significant impact on vessel traffic due to its temporary nature and 
limited size and the fact that vessels are allowed to transit the 
navigable waters outside of the regulated area.
    Advanced public notifications will also be made to the local 
maritime community through appropriate means, which will include, but 
is not limited to, the Local Notice to Mariners as well as Broadcast 
Notice to Mariners.

D. 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.

1. Regulatory Planning and Review

    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, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The Coast Guard's implementation of this temporary safety zone will 
be of short duration and is designed to minimize the impact to vessel 
traffic on the navigable waters. This temporary safety zone will only 
be enforced for approximately 70 minutes. Due to the location, vessels 
will be able to transit around the zone in a safe manner.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities.
    This rule will affect the following entities, some of which may be 
small entities: The owners and operators of vessels intending to 
transit or anchor in a portion of the navigable waters in the vicinity 
of the marine event during the effective period.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will be in effect for 68 minutes; late at night when vessel 
traffic is low. Vessel traffic could pass safely around the safety 
zone. Before the effective period, the Coast Guard will issue maritime 
advisories widely available to users of the waterway.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and

[[Page 34800]]

the States, or on the distribution of power and responsibilities among 
the various levels of government. We have analyzed this rule under that 
Order and determined that this rule does not have implications for 
federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves establishment of a temporary safety 
zone. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, 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 AREA

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

    Authority:  33 U.S.C 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, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T01-0404 to read as follows:


Sec.  165.T01-0404  Safety Zone; USMMA Fireworks, Long Island Sound, 
Kings Point, NY.

    (a) Regulated Area. The following area is a temporary safety zone: 
all navigable waters of the Long Island Sound within a 164-yard radius 
of the fireworks barge located in approximate position 
40[deg]48'44.69'' N, 073[deg]46'7.69'' W, in the vicinity of Kings 
Point, NY, approximately 300-yards west of the Kings Point Marina.
    (b) Effective Dates and Enforcement Periods. This rule will be 
effective from 9:00 p.m. on June 16, 2012 until 10:08 p.m. on June 17, 
2012. This rule will be enforced from 9:00 p.m. until 10:08 p.m. on 
June 16, 2012, with a rain date of June 17, 2012 from 9:00 p.m. until 
10:08 p.m.
    (c) 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 
New York (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.
    (d) Regulations.
    (1) The general regulations contained in 33 CFR 165.23, as well as 
the following regulations, apply.
    (2) No vessels, except for fireworks barge and accompanying 
vessels, will be allowed to transit the safety zone without the 
permission of the COTP.
    (3) All persons and vessels shall comply with the instructions of 
the COTP or the designated representative. Upon being hailed by a U.S. 
Coast Guard vessel by siren, radio, flashing light, or other means, the 
operator of a vessel shall proceed as directed.
    (4) Vessel operators desiring to enter or operate within the 
regulated area shall contact the COTP or the designated representative 
via VHF channel 16 or 718-354-4353 (Sector New York command center) to 
obtain permission to do so.

    Dated: May 28, 2012.
G.P. Hitchen,
Captain, U.S. Coast Guard, Acting Captain of the Port New York.
[FR Doc. 2012-14219 Filed 6-11-12; 8:45 am]
BILLING CODE 9110-04-P