[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42507-42510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15601]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0473]
RIN 165-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 four temporary 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 regulated areas is prohibited unless authorized by COTP Sector 
Long Island Sound.

DATES: This rule is effective without actual notice from June 30, 2016 
through July 7, 2016. For the purposes of enforcement, actual notice 
will be used from the date the rule was signed, June 15, 2016, through 
June 30, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0473 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact Petty Officer Jay TerVeen, Prevention Department, Coast Guard 
Sector Long Island Sound, telephone (203) 468-4446, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 42508]]

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    This rulemaking establishes four safety zones for fireworks 
displays. Each event and its corresponding regulatory history are 
discussed below.
    The Boys and Girls Club of Bellport-Beach Ball 2016 Fireworks 
Display is a recurring marine event with regulatory history. A safety 
zone was established for this event in 2015 via a temporary final rule 
entitled, ``Safety Zones; Marine Events held in the Sector Long Island 
Sound Captain of the Port Zone.'' This rulemaking was published on May 
18, 2015 in the Federal Register (80 FR 28176).
    The Arts Project Cherry Grove Fireworks Display is a recurring 
marine event with regulatory history and is cited in 33 CFR 165.151, 
Table 1 to Sec.  165.151, section 6.5. This event has been included in 
this rule due to deviation from the cite date.
    The Salute to Veterans Fireworks Display is a recurring marine 
event with regulatory history and is cited in 33 CFR 165.151, Table 1 
to Sec.  165.151, section 6.4. This event has been included in this 
rule due to deviation from the cite date.
    The Clinton Chamber of Commerce Fireworks Display is a recurring 
marine event with regulatory history. A safety zone was established for 
this event in 2015 via a temporary final rule entitled, ``Safety Zones; 
Marine Events held in the Sector Long Island Sound Captain of the Port 
Zone.'' This rulemaking was published on August 14, 2015 in the Federal 
Register (80 FR 48692).
    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. The event sponsors were late 
in submitting the marine event applications. These late submissions did 
not give the Coast Guard enough time to publish an NPRM, take public 
comments, and issue a final rule before these events take place. For 
that reason, issuing an NPRM would be impracticable.
    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.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this temporary rule under authority in 
33 U.S.C. 1231. The Captain of the Port (COTP) Long Island Sound has 
determined that the safety zones established by this temporary final 
rule are necessary to provide for the safety of life on navigable 
waterways before, during and after these scheduled events.

IV. Discussion of the Rule

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

                     Fireworks Displays Safety Zones
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1 Boys & Girls of Bellport-Beach Ball    Location: All navigable waters
 2016.                                    of Patchogue Bay, Bellport, NY
                                          within 600 feet of the
                                          fireworks barge in approximate
                                          position 40[deg]44'39.19'' N,
                                          072[deg]56'27.72'' W (NAD 83).
2 Arts Project Cherry Grove Fireworks    Location: All navigable waters
 Display.                                 of Great South Bay off Cherry
                                          Grove, Fire Island, NY within
                                          600 feet of the fireworks
                                          barge in approximate position
                                          40[deg]39'49.06'' N,
                                          073[deg]05'27.99'' W (NAD 83).
3 The Salute to Veterans Fireworks       Location: All navigable waters
 Display.                                 of Reynolds Channel off
                                          Hempstead, NY 420 feet of the
                                          land launch in approximate
                                          position 40[deg]35'36.62'' N,
                                          073[deg]35'20.72'' W (NAD 83).
4 Freeport Chamber of Commerce.........  Location: All navigable waters
                                          of Freeport Harbor, Freeport,
                                          NY within 300 feet of the
                                          fireworks barge located in
                                          approximate position
                                          40[deg]37'27.27'' N,
                                          073[deg]34'34.64'' W (NAD 83).
------------------------------------------------------------------------

    This rule prevents vessels from entering, transiting, mooring, or 
anchoring within the areas specifically designated as a safety zone and 
restricts vessel movement around the locations of the marine events to 
reduce the safety risks associated with it during the period 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.

V. 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 order and we discuss First 
Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    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 these safety zones may do so 
with permission from the COTP 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 
waterway not designated as a safety zone; and (4) the Coast Guard

[[Page 42509]]

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 this safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit 
these regulated areas may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator. 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.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Orders 
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 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. 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(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 four temporary safety 
zones. It 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.

G. 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping 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 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.  100.T01-0473 to read as follows:


Sec.  165.T01-0473  Safety Zones; Marine Events held in the Sector Long 
Island Sound Captain of the Port Zone.

    (a) Location. This section will be enforced at the locations listed 
for each event in Table 1 to Sec.  165.T01-0473.
    (b) Enforcement period. This rule will be enforced on the dates and 
times listed for each event in Table 1 to Sec.  165.T01-0473.
    (c) Definitions. The following definitions apply to this section: 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. ``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. In addition, members 
of the Coast Guard Auxiliary may be present to inform vessel operators 
of this regulation.
    (d) Regulations. (1) The general regulations contained in Sec.  
165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23, 
entry into or

[[Page 42510]]

movement within these zones are prohibited unless authorized by the 
COTP, Long Island Sound.
    (3) Any vessel given permission to deviate from these regulations 
must comply with all directions given to them by the COTP Sector Long 
Island Sound, or the designated on-scene representative.
    (4) Any vessel given permission to enter or operate in these safety 
zones must comply with all directions given to them by the COTP Sector 
Long Island Sound, or the designated on-scene representative.
    (5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel shall proceed 
as directed.

                     Table 1 to Sec.   165.T01-0473
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                            Fireworks Events
------------------------------------------------------------------------
1. Boys & Girls of Bellport-Beach Ball    Date: June 18, 2016
 2016.
                                          Rain Date: June 19,
                                          2016
                                          Time: 8:30 p.m. to
                                          10:00 p.m.
                                          Location: All
                                          navigable waters of Patchogue
                                          Bay, Bellport, NY within 600
                                          feet of the fireworks barge in
                                          approximate position
                                          40[deg]44'39.19'' N,
                                          072[deg]56'27.72'' W (NAD 83).
2. Arts Project Cherry Grove Fireworks    Date: June 18, 2016
 Display.
                                          Rain Date: June 19,
                                          2016
                                          Time: 8:50 p.m. to
                                          10:00 p.m.
                                          Location: All
                                          navigable waters of Great
                                          South Bay off Cherry Grove,
                                          Fire Island, NY within 600
                                          feet of the fireworks barge in
                                          approximate position
                                          40[deg]39'49.06'' N,
                                          073[deg]05'27.99'' W (NAD 83).
3. The Salute to Veterans Fireworks       Date: June 25, 2016
 Display.
                                          Rain Date: June 26,
                                          2016
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: All
                                          navigable waters of Reynolds
                                          Channel off Hempstead, NY
                                          within 420 feet of the land
                                          launch in approximate position
                                          40[deg]35'36.62'' N,
                                          073[deg]35'20.72'' W (NAD 83).
4. Freeport Chamber of Commerce........   Date: June 30, 2016
                                          Rain Date: July 7,
                                          2016
                                          Time: 7:45 p.m. to
                                          10:00 p.m.
                                          Location: All
                                          navigable waters of Freeport
                                          Harbor, Freeport, NY within
                                          300 feet of the fireworks
                                          barge located in approximate
                                          position 40[deg]37'27.27'' N,
                                          073[deg]34'34.64'' W (NAD 83).
------------------------------------------------------------------------


    Dated: June 15, 2016.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2016-15601 Filed 6-29-16; 8:45 am]
 BILLING CODE 9110-04-P