[Federal Register Volume 78, Number 199 (Tuesday, October 15, 2013)]
[Rules and Regulations]
[Pages 62293-62295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24323]



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  Federal Register / Vol. 78, No. 199 / Tuesday, October 15, 2013 / 
Rules and Regulations  

[[Page 62293]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0763]
RIN 1625-AA00


Safety Zone, Oyster Festival 30th Anniversary Fireworks Display, 
Oyster Bay; Oyster Bay, 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 Oyster Bay near Oyster Bay, NY for the Oyster 
Festival 30th Anniversary 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 Oyster Bay before, during, and 
immediately after the fireworks event.

DATES: This rule is effective from October 19, 2013 to October 20, 
2013. This rule will be enforced from 6:00 p.m. to 8:00 p.m. on October 
19, 2013 or in the event of inclement weather from 6:00 p.m. to 8:00 
p.m. on October 20, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0763]. 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 Scott Baumgartner, Prevention Department, 
Coast Guard Sector Long Island Sound, (203) 468-4559, 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, 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
NPRM Notice of Proposed Rulemaking

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 it would be impracticable with the 
time remaining before the event to publish a NPRM, hold a comment 
period, and publish a final rule as the event would occur before the 
rulemaking process was complete. The application for this event was 
received by the Coast Guard on July 26, 2013. Receipt on this date 
provided less than 135 days advance notice as is required for new 
marine events and therefore resulted in late notification to the Coast 
Guard. Any delay in this regulation's effective date would be hazardous 
since immediate action is needed to promote the safety of life and 
property on navigable waters from the hazards associated with fireworks 
events.
    Delaying the effective date by first publishing a NPRM would be 
contrary to the rule's objectives of ensuring safety of life on the 
navigable waters during the scheduled event as immediate action is 
needed to protect event participants and spectators from the hazardous 
nature of fireworks displays, including unexpected pyrotechnics 
detonations and burning debris.
    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 for the same reasons discussed 
above.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1226, 1231, 
1233; 46 U.S.C. Chapters 454, 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; Department of Homeland Security Delegation No. 0170.1 which 
collectively authorize the Coast Guard to define regulatory special 
local regulations and safety zones.
    The Oyster Festival 30th Anniversary Fireworks Display is scheduled 
for October 19, 2013 and is one of several events associated with the 
Oyster Bay Oyster Festival. The Oyster Festival 30th Anniversary 
Fireworks display is expected to attract large numbers of spectator 
vessels that will congregate around the event location. A safety zone 
is needed to protect both spectators and participants from the safety 
hazards created by it, including unexpected pyrotechnics detonation and 
burning debris, and to provide for the safety of life on navigable 
waterways during the Oyster Festival 30th Anniversary Fireworks 
display.

C. Discussion of the Temporary Final Rule

    This rule establishes a temporary safety zone for the Oyster 
Festival 30th Anniversary Fireworks display, in the vicinity of Oyster 
Bay, NY.
    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 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

[[Page 62294]]

based on these statutes and 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 area 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 area. Vessels requiring entry into the 
regulated area may be authorized to do so by the COTP or 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.

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 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.
    The temporary safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: The regulated area 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 a 
regulated area. 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 
INFORMATION 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

[[Page 62295]]

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 a 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

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREA AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T01-0763 to read as follows:


Sec.  165.T01-0763  Safety Zone; Oyster Festival 30th Anniversary 
Fireworks Display, Oyster Bay, Oyster Bay, NY.

    (a) Location. The following area is a safety zone: All waters of 
Oyster Bay within a 500-foot radius of the fireworks launch site 
located near Bayside Avenue at the Theodore Roosevelt Memorial Park in 
Oyster Bay, NY in approximate position 40[deg]52'40.16'' N, 
073[deg]31'56.21'' W North American Datum 1983.
    (b) Enforcement Period. This rule will be enforced from 6:00 p.m. 
until 8:00 p.m. on October 19, 2013. If the event is postponed due to 
inclement weather, then this rule will be enforced from 6:00 p.m. to 
8:00 p.m. on October 20, 2013.
    (c) Regulations. The general regulations contained in 33 CFR 165.23 
apply. During the enforcement period, entering into, transiting 
through, remaining, mooring or anchoring within this safety zone is 
prohibited unless authorized by the Captain of the Port (COTP) or the 
designated representatives.
    (1) Definitions. The following definitions apply to this section:
    (i) 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 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.
    (ii) 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 Sector Long Island 
Sound.
    (iii) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (2) Spectators desiring to enter or operate within the regulated 
area should contact the COTP Sector Long Island Sound at 203-468-4401 
(Sector Long Island Sound command center) or the designated 
representative via VHF channel 16 to obtain permission to do so. 
Spectators given permission to enter or operate in the regulated area 
must comply with all directions given to them by the COTP Sector Long 
Island Sound or the designated on-scene representative.
    (3) Upon being hailed by an official patrol vessel or the 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed. Failure to 
comply with a lawful direction may result in expulsion from the area, 
citation for failure to comply, or both.

    Dated: September 20, 2013.
H.L. Morrison,
Commander, U.S. Coast Guard, Alternate Captain of the Port, Sector Long 
Island Sound.
[FR Doc. 2013-24323 Filed 10-11-13; 8:45 am]
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