[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Rules and Regulations]
[Pages 31257-31260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14189]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0440]
RIN 165-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing three temporary safety zones 
for fireworks displays within the Captain of the Port (COTP) Long 
Island Sound (LIS) 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 limited 
access areas is prohibited unless authorized by the COTP LIS.

DATES: This rule is effective without actual notice from July 6, 2017 
through July 8, 2017. For the purposes of enforcement, actual notice 
will be used from July 3, 2017, through July 6, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0440 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 Amber Arnold, Prevention Department, Coast Guard 
Sector Long Island Sound, telephone (203) 468-4583, email 
[email protected].

SUPPLEMENTARY INFORMATION:

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 rule establishes three safety zones for fireworks displays. 
Each event and its corresponding regulatory history are discussed 
below.
    City of West Haven Fireworks is a recurring marine event with 
regulatory history and is cited in 33 CFR 165.151(7.13). This event has 
been included in this rule due to deviation from the cite date.
    Village of Asharoken Fireworks is a recurring marine event with 
regulatory history and is cited in 33 CFR 165.151(7.24). This event has 
been included in this rule due to deviation from the cite position.
    Riverfest Fireworks is a recurring marine event with regulatory 
history and is cited in 33 CFR 165.151(7.23). This event has been 
included in this rule due to deviation from the cite date.
    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

[[Page 31258]]

NPRM with respect to this rule because doing so would be impracticable 
and contrary to the public interest. The event sponsors were late in 
submitting 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. It is 
impracticable to publish an NPRM because we must establish these safety 
zones by July 3, 2017. Thus, waiting for a comment period to run is 
also contrary to the public interest as it would inhibit the Coast 
Guard's 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.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this temporary rule under authority in 
33 U.S.C. 1231. The COTP LIS 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 three safety zones for three fireworks 
displays. The location of these safety zones are as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                     Fireworks Displays Safety Zones
------------------------------------------------------------------------
1. City of West Haven Fireworks........  Location: Waters of New Haven
                                          Harbor, off Bradley Point,
                                          West Haven, CT in approximate
                                          position 41[deg]15'07'' N.,
                                          072[deg]57'26'' W. (NAD 83).
2. Village of Asharoken Fireworks......  Location: Waters of Northport
                                          Bay, Asharoken, NY in
                                          approximate position,
                                          40[deg]55'54.04'' N.,
                                          073[deg]21'27.97'' W. (NAD
                                          83).
3. Riverfest Fireworks.................  Location: Waters of the
                                          Connecticut River, Hartford,
                                          CT in approximate positions,
                                          41[deg]45'39.93'' N.,
                                          072[deg]39'49.14'' 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 orders 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 Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The Coast Guard determined that this rule 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 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 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

[[Page 31259]]

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 three temporary safety 
zones. It is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A Record of 
Environmental Consideration for Categorically Excluded Actions 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.


Sec.  165.151  [Amended]

0
2. From July 6, 2017 through July 8, 2017, remove items 7.13, 7.23, and 
7.24 from Table 1 to Sec.  165.151.


0
3. Add Sec.  165.T01-0440 to read as follows:


Sec.  165.T01-0440  Safety Zones; Marine Events held in the Captain of 
the Port Long Island Sound Zone.

    (a) Location. This section will be enforced at the locations listed 
for each event in Table 1 to Sec.  165.T01-0440.
    (b) Enforcement periods. This section will be enforced on the dates 
and times listed for each event in Table 1 to Sec.  165.T01-0440.
    (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 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.
    (6) The regulated area for all fireworks displays listed in Table 1 
to Sec.  165.T01-0440 is that area of navigable waters within a 1000 
foot radius of the launch platform or launch site for each fireworks 
display.

                     Table 1 to Sec.   165.T01-0440
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                            Fireworks Events
------------------------------------------------------------------------
1. City of West Haven Fireworks........   Date: July 3, 2017.
                                          Rain Date: July 5,
                                          2017.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          New Haven Harbor, off Bradley
                                          Point, West Haven, CT in
                                          approximate position
                                          41[deg]15'07'' N.,
                                          072[deg]57'26'' W. (NAD 83).

[[Page 31260]]

 
2. Village of Asharoken Fireworks......   Date: July 4, 2017.
                                          Rain Date: July 5,
                                          2017.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Northport Bay, Asharoken, NY
                                          in approximate position,
                                          40[deg]55'54.04'' N.,
                                          073[deg]21'27.97'' W. (NAD
                                          83).
3. Riverfest Fireworks.................   Date: July 8, 2017.
                                          Rain Date: July 9,
                                          2017.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          the Connecticut River,
                                          Hartford, CT in approximate
                                          positions, 41[deg]45'39.93''
                                          N., 072[deg]39'49.14'' W. (NAD
                                          83).
------------------------------------------------------------------------


    Dated: June 15, 2017.
A.E. Tucci,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2017-14189 Filed 7-5-17; 8:45 am]
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