[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Proposed Rules]
[Pages 30783-30786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12379]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0329]
RIN 1625-AA00


Safety Zones; Marine Events in Captain of the Port Long Island 
Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish four temporary safety 
zones for three fireworks events and one swim event within the Captain 
of the Port Long Island Sound Zone. This action is necessary to provide 
for the safety of life on navigable waters during these events. The 
safety zones will facilitate public notification of these events and 
provide protective measures for the maritime public and event 
participants from the hazards associated with these events. Entering 
into, transiting through, remaining, anchoring or mooring within these 
regulated areas would be prohibited unless authorized by the Captain of 
the Port Sector Long Island Sound.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 30, 2014.
    Requests for public meetings must be received by the Coast Guard on 
or before June 5, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-0329] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0329) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES on 
or before June 5, 2014. Please explain why you believe a public meeting 
would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

B. Regulatory History and Information

    There are four separate marine events addressed by this temporary 
regulation. The Brookhaven Memorial Hospital fireworks display and the 
Baker Family Celebration fireworks display are first time events with 
no regulatory history. The Village of Saltaire fireworks display and 
the Riverhead Rocks Triathlon were both held the previous year and had 
separate safety zones established by a temporary final rule entitled 
``Special Local Regulations and Safety Zones; Marine Events in Captain 
of the Port Long Island Sound Zone.'' This rulemaking was published on 
July 10,

[[Page 30784]]

2013 in the Federal Register (78 FR 41300).

C. 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; 
Department of Homeland Security Delegation No. 0170.1 which 
collectively authorize the Coast Guard to define regulatory safety 
zones.
    This temporary rule is necessary to promote the safety of life on 
navigable waterways within the COTP Long Island Sound Zone during these 
events.

D. Discussion of Proposed Rule

    This temporary rule proposes to establish four safety zones for 
three fireworks displays and one swim event. This rule will be 
effective from 8:30 p.m. on August 2, 2014 to 10:30 p.m. on August 30, 
2014.
    The events covered by this regulation will be enforced on the 
respective dates and times listed in the table below. If any of the 
events are cancelled due to inclement weather, then this regulation 
will be enforced on rain dates listed in the table below.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                           Fireworks Displays
------------------------------------------------------------------------
1...........................  Village of Saltaire    Date:
                               Fireworks.            August 2, 2014.
                                                     Rain Date:
                                                     August 30, 2014.
                                                     Time: 8:30
                                                     p.m. to 10:30 p.m.
                                                     Location:
                                                     All waters of
                                                     Saltaire Bay near
                                                     Saltaire, NY within
                                                     600 feet of the
                                                     fireworks barge
                                                     located in
                                                     approximate
                                                     position
                                                     40[deg]38'37.72''
                                                     N,
                                                     073[deg]11'58.52''
                                                     W (NAD 83).
2...........................  Brookhaven Memorial    Date:
                               Hospital Fireworks.   August 9, 2014.
                                                     Rain Date:
                                                     August 10, 2014.
                                                     Time: 8:45
                                                     p.m. to 10:45 p.m.
                                                     Location:
                                                     All waters of
                                                     Bellport Bay near
                                                     Bellport, NY within
                                                     600 feet of the
                                                     fireworks barge
                                                     located in
                                                     approximate
                                                     position
                                                     40[deg]45'09.22''
                                                     N,
                                                     072[deg]55'44.78''
                                                     W (NAD 83).
3...........................  Baker Family           Date:
                               Celebration           August 16, 2014.
                               Fireworks.            Rain Date:
                                                     August 17, 2014.
                                                     Location:
                                                     All waters of
                                                     Flanders Bay near
                                                     Jamesport, NY
                                                     within 600 feet of
                                                     the fireworks barge
                                                     located in
                                                     approximate
                                                     position
                                                     40[deg]55'51.84''
                                                     N,
                                                     072[deg]35'07.92''
                                                     W (NAD 83).
------------------------------------------------------------------------
                               Swim Event
------------------------------------------------------------------------
4...........................  Riverhead Rocks        Date:
                               Triathlon.            August 3, 2014
                                                     Time: 6:20
                                                     a.m. to 8:30 p.m.
                                                     Location:
                                                     All waters of the
                                                     Peconic River,
                                                     Riverhead, NY
                                                     within the area
                                                     bounded to the west
                                                     by a line
                                                     connecting points
                                                     at
                                                     40[deg]54'58.09''
                                                     N,
                                                     072[deg]39'37.56''
                                                     W on the northern
                                                     bank and
                                                     40[deg]54'56.74''
                                                     N,
                                                     072[deg]39'37.56''
                                                     W on the southern
                                                     bank and bounded to
                                                     the east by a line
                                                     connecting points
                                                     at
                                                     40[deg]55'01.92''
                                                     N,
                                                     072[deg]38'51.08''
                                                     W on the northern
                                                     bank and
                                                     40[deg]54'59.15''
                                                     N,
                                                     072[deg]38'51.08''
                                                     W on the southern
                                                     bank (NAD 83). All
                                                     positions are
                                                     approximate.
------------------------------------------------------------------------

    The fireworks displays listed above are expected to attract large 
numbers of spectator vessels that will congregate around the location 
of these events. A regulated area, specifically a safety zone, is 
required for each of these fireworks displays to protect both 
spectators and participants from the safety hazards created by them, 
including unexpected pyrotechnics detonation and burning debris. The 
Riverhead Rocks Triathlon incorporates swim legs that will place many 
swimmers in the navigable waters of the Peconic River. A regulated area 
is required to minimize the hazards posed by spectators and other 
waterway users operating their vessels in close proximity to the event 
participants. The safety zone established for this swim event will 
minimize the risks to the event participants from this type of boat 
traffic and improve visibility and maneuverability for the safety 
vessels supporting the swim event.
    This rule would prevent 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.
    Public notifications will be made to the local maritime community 
prior to the event through the Local Notice to Mariners and Broadcast 
Notice to Mariners.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed 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

[[Page 30785]]

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 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 
proposed 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 enter, 
transit, anchor or moor within the regulated areas during the periods 
of enforcement from August 2, 2014, 2014 to August 30, 2014.
    This temporary special local regulation will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons: The regulated areas are of short duration, vessels 
that can safely do so may navigate in all other portions of the 
waterways except for the areas designated as regulated areas, and 
vessels requiring entry into the regulated areas may be authorized to 
do so by the COTP Sector Long Island Sound or designated 
representative. Additionally, before the effective period, public 
notifications will be made to local mariners through appropriate means, 
which may include but are not limited to the Local Notice to Mariners 
as well as Broadcast Notice to Mariners
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 made a preliminary determination 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 proposed rule 
involves the establishment of four safety zones. This rule may be 
categorically excluded from further

[[Page 30786]]

review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A preliminary environmental analysis checklist supporting 
this determination is 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 proposed 
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 proposes 
to amend 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; 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.T01-0329 to read as follows:


Sec.  165.T01-0329  Safety Zones; Marine Events 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 1 of Sec.  165.T01-0329. These regulations will be enforced for 
the duration of each event.
    (b) Enforcement Period. This rule will be enforced on the dates and 
times listed for each event in TABLE 1 of Sec.  165.T01-0329. If the 
event is delayed by inclement weather, the regulations will be enforced 
on the rain date indicated in TABLE 1 of Sec.  165.T01-0329.
    (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 (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.
    (d) Spectators. Spectators 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) 468-4401 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.
    (e) Enforcement. 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.
    (f) Locations. The regulated area for all fireworks displays listed 
in the TABLE 1 of Sec.  165.T01-0329 is that area of navigable waters 
within a 600 foot radius of the launch platform 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.
    (g) Separation. For the swim event listed in TABLE 1 to Sec.  
165.T01-0329, vessels not associated with the event shall maintain a 
separation of at least 100 yards from the participants.

                     Table 1 to Sec.   165--T01-0329
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                           Fireworks Displays
------------------------------------------------------------------------
1 Village of Saltaire Fireworks........   Date: August 2, 2014.
                                          Rain Date: August 30,
                                          2014.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of Saltaire Bay near Saltaire,
                                          NY within 600 feet of the
                                          fireworks barge located in
                                          approximate position
                                          40[deg]38'37.72'' N,
                                          073[deg]11'58.52'' W (NAD 83).
2 Brookhaven Memorial Hospital            Date: August 9, 2014.
 Fireworks.                               Rain Date: August 10,
                                          2014.
                                          Time: 8:45 p.m. to
                                          10:45 p.m.
                                          Location: All waters
                                          of Bellport Bay near Bellport,
                                          NY within 600 feet of the
                                          fireworks barge located in
                                          approximate position
                                          40[deg]45'09.22'' N,
                                          072[deg]55'44.78'' W (NAD 83).
3 Baker Family Celebration Fireworks...   Date: August 16, 2014.
                                          Rain Date: August 17,
                                          2014.
                                          Location: All waters
                                          of Flanders Bay near
                                          Jamesport, NY within 600 feet
                                          of the fireworks barge located
                                          in approximate position
                                          40[deg]55'51.84'' N,
                                          072[deg]35'07.92'' W (NAD 83).
------------------------------------------------------------------------
                               Swim Event
------------------------------------------------------------------------
4 Riverhead Rocks Triathlon............   Date: August 3, 2014
                                          Time: 6:20 a.m. to
                                          8:30 a.m.
                                          Location: All waters
                                          of the Peconic River,
                                          Riverhead, NY within the area
                                          bounded to the west by a line
                                          connecting points at
                                          40[deg]54'58.09'' N
                                          072[deg]39'37.56'' W on the
                                          northern bank and
                                          40[deg]54'56.74'' N
                                          072[deg]39'37.56'' W on the
                                          southern bank and bounded to
                                          the east by a line connecting
                                          points at 40[deg]55'01.92'' N
                                          072[deg]38'51.08'' W on the
                                          northern bank and
                                          40[deg]54'59.15'' N
                                          072[deg]38'51.08'' W on the
                                          southern bank (NAD 83). All
                                          positions are approximate.
------------------------------------------------------------------------


    Dated: May 13, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2014-12379 Filed 5-28-14; 8:45 am]
BILLING CODE 9110-04-P