[Federal Register Volume 77, Number 118 (Tuesday, June 19, 2012)]
[Rules and Regulations]
[Pages 36396-36400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14847]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0477]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing fourteen 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 from June 23, 2012 until July 21, 2012.
    This rule will be enforced during the specific dates and times 
listed in Table of Sec.  165.T01-0477.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0477]. 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 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 or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound

A. Regulatory History and Information

    The Coast Guard is issuing this 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 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 hazardous 
nature of fireworks including unexpected detonation and burning debris. 
We spoke with each event sponsor and each indicated they were unable 
and unwilling to move their event date to a later time for the 
following reasons.
    The sponsor for North Bay Fourth of July Fireworks stated they are 
unwilling to reschedule their event because it is held in conjunction 
with the Independence Day holiday. Many individuals have made holiday 
plans based on this fireworks event, changing the date would cause 
numerous cancelations and hurt small businesses.
    Sponsors for Goren Wedding Fireworks, Goldstein Party Fireworks, 
National Golf Links Fireworks and Connetquot River Boat parade 
Fireworks were 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 sponsors are now aware of this for future 
events. It is not viable for the sponsors to reschedule the event due 
to other activities being held in conjunction with these fireworks 
displays, including a wedding and

[[Page 36397]]

Independence Day celebrations involving many out of town guests.
    The sponsor for Salute to Veterans Fireworks, Devon Yacht Club 
Fireworks, Dolan Family Fourth Fireworks, Islip Fireworks, Madison 
Fireworks, Stratford Fireworks, Rowayton Fireworks, Quarentello Wedding 
Fireworks, and Niantic Bay Fireworks submitted marine event 
applications with 135 day notice and on April 4, 2012 the Coast Guard 
provided the public with prior notice when it published a notice of 
proposed rulemaking (NPRM) entitled Special Local Regulations and 
Safety Zones; Marine Events in Captain of the Port Sector Long Island 
Sound Zone, in the Federal Register (77 FR 20324). The NPRM proposed 
these events and advertised a public comments period. We received no 
comments on the NPRM. No requests for a public meeting were received 
and no public meetings were held. These events will take place in less 
than 30 days and cannot be moved to a later date because many 
individuals made holiday plans based on these fireworks events and 
changing the dates would cause numerous cancelations and hurt small 
businesses.
    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.

B. Basis and Purpose

    The legal basis for this temporary 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, 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 rulemaking establishes marine events involving fireworks 
displays on the navigable waters of COTP Sector LIS zone. This rule is 
necessary to protect waterway users from the dangers inherent to 
fireworks displays.

C. Discussion of the Final Rule

    This temporary rule establishes safety zones for fourteen fireworks 
displays in the COTP Sector LIS zone.

                        Fireworks Display Events
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1. Goldstein Party Fireworks...........   Location: On Sag
                                          Harbor Cove off of Ferry Road,
                                          Sag Harbor, NY.
2. Salute to Veterans Fireworks........   Location: Waters of
                                          Reynolds Channel off
                                          Hempstead, NY.
3. Goren Wedding Fireworks.............   Location: On Bellport
                                          Bay 700 feet east of Point
                                          Road, Bellport, NY.
4. Connetquot River Boat Parade           Location: On the Great
 Fireworks.                               South Bay off Snapper Inn
                                          Restaurant, Oakdale, NY.
5. North Bay 4th of July Fireworks.....   Location: On the Great
                                          South Bay in Patchogue Bay
                                          4000 feet south east of Blue
                                          Point, NY.
6. National Golf Links Fireworks.......   Location: On the Great
                                          Peconic Bay three quarters of
                                          a mile north west of Bullhead
                                          Bay, Shinnecock, NY.
7. Devon Yacht Club Fireworks..........   Location: Waters of
                                          Napeague Bay, in Block Island
                                          Sound off Amagansett, NY.
8. Dolan Family Fourth Fireworks.......   Location: Waters of
                                          Oyster Bay Harbor in Long
                                          Island Sound off Oyster Bay,
                                          NY.
9. Islip Fireworks.....................   Location: Waters of
                                          the Great South Bay off Bay
                                          Shore Manor Park, Islip, NY.
10. Madison Fireworks..................   Location: Waters of
                                          Long Island Sound off Madison
                                          Beach in Madison, CT.
11. Stratford Fireworks................   Location: Waters of
                                          Long Island Sound surrounding
                                          Short Beach Park in Stratford,
                                          CT.
12. Rowayton Fireworks.................   Location: Waters of
                                          Long Island Sound south of
                                          Bayley Beach Park in Rowayton,
                                          CT.
13. Quarentello Wedding Fireworks......   Location: Waters of
                                          the Great South Bay southeast
                                          of Brown Point in Sayville,
                                          NY.
14. Niantic Bay Fireworks..............   Location: Waters of
                                          Niantic Bay 1,500 feet west of
                                          the Niantic River Railroad
                                          Bridge in Niantic, CT.
------------------------------------------------------------------------

    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 and 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 several 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 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 designated 
representative.
    Advanced public notifications will also be made to the local 
maritime

[[Page 36398]]

community by the Local Notice to Mariners as well as Broadcast Notice 
to Mariners.

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 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.

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 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 an 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 the establishment of safety zones. 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

    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. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195;

[[Page 36399]]

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.T01-0477 to read as follows:


Sec.  165.T01-0477  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.T01-0477. 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 (COTP), 
Sector Long Island Sound, 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 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.T01-0477 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.T01-0477
                        Fireworks Display Events
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 1 Goldstein Party Fireworks...........   Date: June 23, 2012.
                                          Rain Date: June 24,
                                          2012.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: A point in
                                          Sag Harbor Cove off of Ferry
                                          Road, Sag Harbor, NY in
                                          approximate position
                                          41[deg]00'15.39'' N,
                                          072[deg]18'21.92'' W (NAD 83).
 2 Salute to Veterans Fireworks........   Date: June 23, 2012.
                                          Rain Date: June 30,
                                          2012.
                                          Location: Waters of
                                          Reynolds Channel off
                                          Hempstead, NY in approximate
                                          position 40[deg]35'36.62'' N,
                                          073[deg]35'20.72'' W (NAD 83).
 3 Goren Wedding Fireworks.............   Date: June 30, 2012.
                                          Rain Date: July 1,
                                          2012.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: A point in
                                          Bellport Bay 700 feet east of
                                          Point Road, Bellport, NY in
                                          approximate position
                                          40[deg]44'31.18'' N,
                                          072[deg]56'31.38'' W (NAD 83).
 4 Connetquot River Boat Parade           Date: July 3, 2012.
 Fireworks.                               Rain Date: July 5,
                                          2012.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: A point on
                                          the Connetquot River off
                                          Snapper Inn Restaurant,
                                          Oakdale, NY in approximate
                                          position 40[deg]43'32.38'' N,
                                          073[deg]9'2.64'' W (NAD 83).
 5 North Bay 4th of July Fireworks.....   Date: July 4, 2012.
                                          Rain Date: July 5,
                                          2012.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: A point on
                                          the Great South Bay in
                                          Patchogue Bay 4000 feet south
                                          east of Blue Point, NY in
                                          approximate position
                                          40[deg]44'6.28'' N,
                                          073[deg]1'2.5'' W (NAD 83).
 6 National Golf Links Fireworks.......   Date: July 6, 2012.
                                          Rain Date: July 7,
                                          2012.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: A point on
                                          the Great Peconic Bay \3/4\ of
                                          a mile north west of Bullhead
                                          Bay, Shinnecock, NY in
                                          approximate position
                                          40[deg]55'11.79'' N,
                                          072[deg]28'4.34'' W (NAD 83).
 7 Devon Yacht Club Fireworks..........   Date: July 7, 2012.
                                          Rain Date: July 8,
                                          2012.
                                          Location: Waters of
                                          Napeague Bay, in Block Island
                                          Sound off Amagansett, NY in
                                          approximate position
                                          40[deg]59'41.4'' N,
                                          072[deg]6'8.7'' W (NAD 83).
 8 Dolan Family Fourth Fireworks.......   Date: July 4, 2012.
                                          Rain Date: July 5,
                                          2012.

[[Page 36400]]

 
                                          Location: Waters of
                                          Oyster Bay Harbor in Long
                                          Island Sound off Oyster Bay,
                                          NY in approximate position
                                          40[deg]53'42.50'' N,
                                          073[deg]30'04.30'' W (NAD 83).
 9 Islip Fireworks.....................   Date: July 4, 2012.
                                          Rain Date: July 5,
                                          2012.
                                          Location: Waters of
                                          the Great South Bay off Bay
                                          Shore Manor Park, Islip, NY in
                                          approximate position
                                          40[deg]42'24'' N,
                                          073[deg]14'24'' W (NAD 83).
10 Madison Fireworks...................   Date: July 4, 2012.
                                          Rain Date: July 7,
                                          2012.
                                          Location: Waters of
                                          Long Island Sound off Madison
                                          Beach in Madison, CT in
                                          approximate position
                                          41[deg]16'3.93'' N,
                                          072[deg]36'15.97'' W (NAD 83).
11 Stratford Fireworks.................   Date: July 3, 2012.
                                          Rain Date: July 5,
                                          2012.
                                          Location: Waters of
                                          Long Island Sound surrounding
                                          Short Beach Park in Stratford,
                                          CT in approximate position
                                          41[deg]09'50.82'' N,
                                          073[deg]6'47.13'' W (NAD 83).
12 Rowayton Fireworks..................   Date: July 4, 2012.
                                          Rain Date: July 5,
                                          2012.
                                          Location: Waters of
                                          Long Island Sound south of
                                          Bayley Beach Park in Rowayton,
                                          CT in approximate position
                                          41[deg]03'11'' N,
                                          073[deg]26'41'' W (NAD 83).
13 Quarentello Wedding Fireworks.......   Date: July 21, 2012.
                                          Rain Date: None.
                                          Location: Waters of
                                          the Great South Bay south east
                                          of Brown Point in Sayville, NY
                                          in approximate position
                                          40[deg]43'19'' N,
                                          073[deg]03'53'' W (NAD 83).
14 Niantic Bay Fireworks...............   Date: July 6, 2012.
                                          Rain Date: July 7,
                                          2012.
                                          Location: Waters of
                                          Niantic Bay 1500 feet west of
                                          the Niantic River Railroad
                                          Bridge in Niantic, CT in
                                          approximate position
                                          41[deg]19'22.59'' N,
                                          072[deg]11'3.47'' W (NAD 83).
------------------------------------------------------------------------


    Dated: June 7, 2012.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2012-14847 Filed 6-18-12; 8:45 am]
BILLING CODE 9110-04-P