[Federal Register Volume 79, Number 142 (Thursday, July 24, 2014)]
[Rules and Regulations]
[Pages 42981-42983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17485]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0491]
RIN 1625-AA00


Safety Zone; 2014 Fireworks Displays in Northern New England

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing four temporary safety zones 
within Sector Northern New England's (SNNE) Captain of the Port (COTP) 
Zone for fireworks displays. When these safety zones are enforced, this 
rule will restrict vessels from portions of the affected water areas. 
These temporary safety zones are necessary to protect spectators and 
vessels from hazards associated with fireworks displays.

DATES: This rule is effective without actual notice from July 24, 2014 
until 10:30 p.m. on August 23, 2014. For purposes of enforcement, 
actual notice will be used from the date the rule was signed, July 3, 
2014, until July 24, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0491]. 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 Lieutenant Junior Grade Elizabeth Gunn, U.S. Coast Guard, 
Sector Northern New England, Waterways Management Division; telephone 
(207) 767-0398, [email protected]. If you have questions on 
viewing or submitting material to the docket, call Cheryl Collins, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
contrary to the public interest. The Coast Guard was not aware of the 
final details for these events until there was insufficient time for 
the Coast Guard to solicit public comments prior to the start of the 
events. Waiting for a full comment period to run would inhibit the 
Coast Guard's ability to keep vessels safe from the hazards associated 
with a nighttime maritime fireworks display.
    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 in 
the preceding paragraph.

B. Basis and Purpose

    The legal basis for the temporary rule is 33 U.S.C. 1231, 46 U.S.C. 
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295, 116 
Stat. 2064; and Department of Homeland Security Delegation No. 0170.1, 
which collectively authorize the Coast Guard to define safety zones.
    Four fireworks displays will take place within the COTP zone 
between the dates of July 4, 2014 and August 23, 2014. The COTP Sector 
Northern New England has determined that these fireworks displays will 
create hazards for the maritime public. The COTP Sector Northern New 
England has further determined that safety zones are necessary to 
protect spectators and vessels from such hazards.

C. Discussion of the Final Rule

    This temporary final rule will establish four safety zones, each 
within a 350-yard radius of the coordinates listed in TABLE TO Sec.  
165.T01-0491. TABLE TO Sec.  165.T01-0491 provides the event name and 
sponsor, as well as the specific date, time, and location of each 
fireworks display. Each safety zone is effective and will be enforced 
during the times listed in the TABLE TO Sec.  165.T01-0491. This 
temporary final rule is necessary to ensure the safety of spectators, 
vessels and other property from the hazards associated with fireworks 
displays.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
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 rulemaking is not a 
significant

[[Page 42982]]

regulatory action as the enforcement period for each safety zone will 
be relatively short in duration, each occurring for only one evening. 
Also, each safety zone is designed to allow vessels to transit in 
waters adjacent to the safety zone, minimizing any adverse impacts on 
vessel navigation. Furthermore, under certain circumstances vessels may 
obtain permission to transit through each safety zone.

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.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
each safety zone. However, this rule will not have a significant 
economic impact on a substantial number of small entities for the same 
reasons discussed in the Regulatory Planning And Review section.

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 
section, 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 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 From Environmental Health Risks

    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 temporary safety 
zones and thus, 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 will be 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:

[[Page 42983]]

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, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T01-0491 to read as follows:

Sec.  165.T01-0491  Safety Zone; 2014 Fireworks Displays in Northern 
New England.

    (a) Locations. All U.S. navigable waters within a 350 yard radius 
of the coordinates listed in the table below are safety zones.
    (b) Regulations. The following regulations, along with those 
located at 33 CFR 165.23, apply:
    (1) The Coast Guard may patrol each safety zone under the direction 
of a designated Coast Guard Patrol Commander. The Patrol Commander may 
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign 
``PATCOM.'' The ``official patrol vessels'' may consist of any Coast 
Guard, state, or local law enforcement vessels assigned or approved by 
the Captain of the Port, Sector Northern New England.
    (2) No person or vessel may enter, anchor, block, loiter, or 
transit a safety zone during an enforcement period, unless authorized 
by the COTP Sector Northern New England or the Patrol Commander.
    (3) Persons and vessels permitted to enter a safety zone during an 
enforcement period shall follow the directions of the Patrol Commander. 
When hailed or signaled by an official patrol vessel within the safety 
zone, a vessel shall come to an immediate stop and comply with the 
lawful directions issued. Failure to comply with such lawful directions 
may result in expulsion from the safety zone, citation for failure to 
comply, or both.
    (4) Vessels permitted to transit a safety zone must operate at a no 
wake speed and in a manner that will not endanger participants or other 
crafts in the event.
    (c) Effective and enforcement periods. Each safety zone established 
by this section will be effective and enforced on the dates and at the 
approximate times listed in the table below.
    (d) Notification. The Coast Guard will further notify the public of 
the enforcement periods for these safety zones via the Local Notice to 
Mariners, which can be viewed at: www.navcen.uscg.gov/LNM/default.htm.

                      Table to Sec.   165.T01-0491
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                                  July
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Castine 4th of July Fireworks..........   Sponsor: Randy Sterns,
                                          Town of Castine.
                                          Date: July 4, 2014.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: In the
                                          vicinity of the Castine Town
                                          Dock in Castine, Maine at
                                          approximate position:
                                          44[deg]23'10'' N,
                                          68[deg]47'28'' W (NAD 83).
Paul Coulombe Anniversary Fireworks....   Sponsor: Paul
                                          Coulombe.
                                          Date: July 19, 2014.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: In the
                                          vicinity of Pratt Island,
                                          Maine at approximate position:
                                          43[deg]48'44'' N,
                                          069[deg]41'11'' W (NAD 83).
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                                 August
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Paul Coulombe Fireworks Show 2.........   Sponsor: Paul
                                          Coulombe.
                                          Date: August 22, 2014.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: In the
                                          vicinity of Pratt Island,
                                          Maine at approximate position:
                                          43[deg]48'44'' N,
                                          69[deg]41'11'' W (NAD 83).
Cucchiara Birthday Fireworks Display...   Sponsor: Vin
                                          Cucchiara.
                                          Date: August 23, 2014.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: In the
                                          vicinity of Bumpkin Island
                                          near Kennebunkport, Maine at
                                          approximate position:
                                          43[deg]20'52'' N,
                                          070[deg]26'49'' W (NAD 83).
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    Dated: July 3, 2014.
B.S. Gilda,
Captain, U.S. Coast Guard, Captain of the Port Sector Northern New 
England.
[FR Doc. 2014-17485 Filed 7-23-14; 8:45 am]
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