[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Rules and Regulations]
[Pages 48692-48695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20116]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0646]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing six safety zones for fireworks 
displays within the Coast Guard Sector Long Island Sound (LIS) Captain 
of the Port (COTP) Zone. This temporary final rule is necessary to 
provide for the safety of life on navigable waters during these events. 
Entry into, transit through, mooring or anchoring within these safety 
zones is prohibited unless authorized by COTP Sector LIS.

DATES: This rule is effective without actual notice from 12:01 a.m. on 
August 14, 2015 until 11 p.m. on August 23, 2015. For the purposes of 
enforcement, actual notice will be used from the date the rule was 
signed, July 29, 2015, until August 14, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0646]. 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, 
contact Petty Officer Ian Fallon, Prevention Department, Coast Guard 
Sector Long Island Sound, telephone (203) 468-4565, email 
[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

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983

A. Regulatory History and Information

    This rulemaking establishes six safety zones for six fireworks 
displays. Each event and its corresponding regulatory history are 
discussed below.
    Sag Harbor Fire Department Fireworks is a first time marine event 
with no regulatory history.
    Sebonack Golf Club Fireworks is a reoccurring marine event with 
regulatory history and is cited in 33 CFR 165.151(7.44). This event has 
been included in this rule due to deviation from the date and location 
in this cite.
    Wood Family Celebration Fireworks is a first time marine event with 
no regulatory history.
    Baker Annual Summer Celebration is a recurring marine event with 
regulatory history. A safety zone was established for this event on 
August 16, 2014 via a temporary final rule entitled, ``Safety Zones; 
Marine Events in Captain of the Port Long Island Zone''. This rule was 
published on August 18, 2014 in the Federal Register (79 FR 48685).
    Clinton Chamber of Commerce Fireworks is a first time marine event 
with no regulatory history.
    Old Black Point Beach Fireworks is a reoccurring marine event with 
regulatory history and is cited in 33 CFR 165.151(8.3). This event has 
been included in this rule due to deviation from the location in this 
cite.
    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 an NPRM with respect to this rule 
because doing so would be impracticable and contrary to the public 
interest. There is insufficient time to publish an NPRM and solicit 
comments from the public before these events take place. Thus, waiting 
for a comment period to run

[[Page 48693]]

would inhibit the Coast Guard's ability to fulfill its mission to keep 
the ports and waterways safe.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the 
preceding paragraph, 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; 50 
U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5 and Department of 
Homeland Security Delegation No. 0170.1 which collectively authorize 
the Coast Guard to define regulatory safety zones.
    Six fireworks displays will take place in the Coast Guard Sector 
LIS COTP Zone between August 7, 2015 and August 23, 2015. The COTP 
Sector LIS has determined that the six safety zones established by this 
temporary final rule are necessary to provide for the safety of life on 
navigable waterways during those events.
    Sag Harbor Fire Department Fireworks will be held at a land launch 
at Havens Beach, Sag Harbor, NY.
    Sebonack Golf Club Fireworks will be held on Peconic Bay, 
Southampton, NY.
    Wood Family Celebration Fireworks will be held on Peconic Bay, 
Jamesport, NY.
    Baker Annual Summer Celebration will be held on Flanders Bay, 
Southampton, NY.
    Clinton Chamber of Commerce Fireworks will be held at a land launch 
at Clinton Town Beach, Clinton, CT.
    Old Black Point Beach Fireworks will be held at a land launch at 
Old Black Point Beach, Niantic, CT.

C. Discussion of the Final Rule

    This rule establishes six safety zones for six fireworks displays. 
The location of these safety zones are as follows:

                                         Fireworks Displays Safety Zones
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1 Sag Harbor Fire Department Fireworks.  Location: All waters of the Sag Harbor Bay, Sag Harbor, NY within 140
                                          feet of the land launch site in approximate position 41[deg]00'02''
                                          N., 072[deg]17'02'' W. (NAD 83).
2 Sebonack Golf Club Fireworks.........  Location: All waters of Peconic Bay, Southampton, NY within 600 feet of
                                          the land launch site in approximate position 40[deg]54'49.92'' N.,
                                          072[deg]27'39.28'' W. (NAD 83).
3 Wood Family Celebration Fireworks....  Location: All waters of Port Little Peconic Bay within 800 feet of the
                                          fireworks barge located in approximate position 40[deg]57'59.05'' N.,
                                          072[deg]23'44.93'' W. (NAD 83).
4 Baker Annual Summer Celebration......  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).
5 Clinton Chamber of Commerce Fireworks  Location: All waters of Clinton Harbor within 420 feet of the land
                                          launch site in approximate position 41[deg]15'59'' N., 072[deg]31'09''
                                          W. (NAD 83).
6 Old Black Point Beach Fireworks......  Location: All waters of Long Island Sound, Niantic, CT within 560 feet
                                          of the land launch site in approximate positions, 41[deg]17'36.6'' N.,
                                          072[deg]13'06.9'' W. (NAD 83).
----------------------------------------------------------------------------------------------------------------

    These fireworks displays will launch pyrotechnics from either a 
landsite near a waterway or from a barge on a waterway. Regulated 
areas, specifically safety zones, are required for these fireworks 
displays to protect both spectators and participants from the safety 
hazards created by the fireworks displays, including unexpected 
pyrotechnics detonation and burning debris.
    This rule prevents vessels from entering, transiting, mooring, or 
anchoring within areas specifically designated as a safety zone and 
restricts vessel movement around the location of the marine event to 
reduce the safety risks associated with them during the periods of 
enforcement unless authorized by the COTP or designated representative.
    The Coast Guard will notify the public and local mariners of these 
safety zones through appropriate means, which may include, but are not 
limited to, publication in the Federal Register, 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 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 regulatory action for the following reasons: (1) The 
enforcement of these safety zones will be relatively short in duration; 
(2)persons or vessels desiring to enter a safety zone may do so with 
permission from the COTP Sector LIS or a designated representative; (3) 
these safety zones are designed in a way to limit impacts on vessel 
traffic, permitting vessels to navigate in other portions of the 
waterways not designated as a safety zone; and (4) the Coast Guard will 
notify the public of the enforcement of this rule via appropriate 
means, such as via Local Notice to Mariners and Broadcast Notice to 
Mariners to increase public awareness of these safety zones.

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 temporary final 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 a safety zone 
during the periods of enforcement, from August 7, 2015 to August 23, 
2015. However, this temporary final 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

[[Page 48694]]

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.
    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 proposed 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 temporary 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 record 
keeping 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5 and Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T01-0646 to read as follows:


Sec.  165.T01-0646  Safety Zones; Marine Events Held in the Sector Long 
Island Sound Captain of the Port Zone.

    (a) Regulations. The general regulations contained in 33 CFR 165.23 
apply as well as the following regulations apply to the events listed 
in the TABLE 1 of Sec.  165.T01-0646.
    (b) Enforcement period. This rule will be enforced on the dates and 
times listed for each event in TABLE 1 to Sec.  165.T01-0646. If the 
event is delayed by inclement weather, the safety zone will be enforced 
on the rain date indicated in TABLE 1 of Sec.  165.T01-0646.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated representative. A ``designated representative'' is 
any 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.
    (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.
    (d) Vessels desiring to enter or operate within a safety zone 
should contact the

[[Page 48695]]

COTP or the designated representative via VHF channel 16 or by 
telephone at (203) 468-4401 to obtain permission to do so. Vessels 
given permission to enter or operate in a safety zone must comply with 
all directions given to them by the COTP Sector Long Island Sound or 
the designated on-scene representative.
    (e) 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. 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. While members of the Coast Guard Auxiliary will not serve 
as the designated representative, they may be present to inform vessel 
operators of this regulation.
    (f) Failure to comply with a lawful direction may result in 
expulsion from the area, citation for failure to comply, or both.

                                         Table 1 to Sec.   165.T01-0646
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                                                Fireworks Events
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(1) Sag Harbor Fire Department            Date: August 7, 2015.
 Fireworks.                               Rain Date: August 8, 2015.
                                          Time: 9:15 p.m. to 10:45 p.m.
                                          Location: All waters of the Sag Harbor Bay, Sag Harbor, NY
                                          within 140 feet of the land launch site in approximate position
                                          41[deg]00'02'' N., 072[deg]17'02'' W. (NAD 83).
(2) Sebonack Golf Club Fireworks.......   Date: August 7, 2015.
                                          Rain Date: August 8, 2015.
                                          Time: 8:30 p.m. to 10:30 p.m.
                                          Location: All waters of Peconic Bay, Southampton, NY within
                                          600 feet of the land launch site in approximate position
                                          40[deg]54'49.92'' N., 072[deg]27'39.28'' W. (NAD 83).
(3) Wood Family Celebration Fireworks..   Date: August 15, 2015.
                                          Rain Date: August 16, 2015.
                                          Time: 9:30 p.m. to 10:50 p.m.
                                          Location: All waters of Port Little Peconic Bay within 800
                                          feet of the fireworks barge located in approximate position
                                          40[deg]57'59.05'' N., 072[deg]23'44.93'' W. (NAD 83).
(4) Baker Annual Summer Celebration....   Date: August 15, 2015.
                                          Rain Date: August 16, 2015.
                                          Time: 8:30 p.m. to 10:30 p.m.
                                          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).
(5) Clinton Chamber of Commerce           Date: August 22, 2015.
 Fireworks.                               Rain Date: August 23, 2015.
                                          Time: 8:30 p.m. to 10:30 p.m.
                                          Location: All waters of Clinton Harbor within 420 feet of the
                                          land launch site in approximate position 41[deg]15'59'' N.;
                                          072[deg]31'09'' W. (NAD 83).
(6) Old Black Point Beach Fireworks....   Date: August 22, 2015.
                                          Rain Date: August 23, 2015.
                                          Time: 8:00 p.m. to 11:00 p.m.
                                          Location: All waters of Long Island Sound, Niantic, CT within
                                          560 feet of the land launch site in approximate positions,
                                          41[deg]17'36.6'' N, 072[deg]13'06.9'' W. (NAD 83).
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    Dated: July 29, 2015.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2015-20116 Filed 8-13-15; 8:45 am]
BILLING CODE 9110-04-P