[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]
-----------------------------------------------------------------------
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