[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Rules and Regulations]
[Pages 28766-28770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13344]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0333]
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 nine 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 June 21, 2018 
through July 15, 2018. For the purposes of enforcement, actual notice 
will be used from May 27, 2018, through June 21, 2018.

ADDRESSES: To view documents mentioned in this preamble as being

[[Page 28767]]

available in the docket, go to http://www.regulations.gov, type USCG-
2018-0333 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 rulemaking establishes nine safety zones for fireworks 
displays. Each event and its corresponding regulatory history are 
discussed below.
    50th Birthday Party Fireworks is a first time marine event with no 
regulatory history.
    Fairfield Aerial Fireworks is a recurring marine event with 
regulatory history and is cited in 33 CFR 165.151(7.16). This event has 
been included in this rule due to deviation from the cite date.
    City of Stamford Fireworks is a recurring marine event with 
regulatory history and is cited in 33 CFR 165.151(7.12). This event has 
been included in this rule due to deviation from the cite date.
    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.
    Madison Fireworks is a recurring marine event with regulatory 
history and is cited in 33 CFR 165.151(7.38). 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.
    City of Norwich July Fireworks is a recurring marine event with 
regulatory history and is cited in 33 CFR 165.151(7.11). This event has 
been included in this rule due to deviation from the cite date.
    City of Middletown Fireworks is a recurring marine event with 
regulatory history and is cited in 33 CFR 165.151(7.9). This event has 
been included in this rule due to deviation from the cite date.
    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 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 May 27, 2018. 
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 nine safety zones for nine fireworks 
displays. The location of these safety zones are as follows:

                     Fireworks Displays Safety Zones
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1 50th Birthday Party Fireworks........  Location: Waters of Long Island
                                          Sound off Canfield Island,
                                          Norwalk, CT in approximate
                                          position 41[deg]05'40.66'' N,
                                          073[deg]22'53.34'' W (NAD 83).
2 Fairfield Aerial Fireworks...........  Location: Waters of Jennings
                                          Beach, Fairfield, CT in
                                          approximate position
                                          41[deg]08'22'' N,
                                          073[deg]14'02'' W (NAD 83).
3 City of Stamford Fireworks...........  Location: Waters of Fisher's
                                          Westcott Cove, Stamford, CT in
                                          approximate position
                                          41[deg]02'09.56'' N,
                                          073[deg]30'57.76'' W (NAD 83).
4 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).
5 Madison Fireworks....................  Location: Waters of Long Island
                                          Sound off Madison Beach,
                                          Madison, CT in approximate
                                          position 41[deg]16'03.93'' N,
                                          072[deg]36'15.97'' W (NAD 83).
6 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).
7 City of Norwich July Fireworks.......  Location: Waters of the Thames
                                          River, Norwich, CT in
                                          approximate position,
                                          41[deg]31'16.835'' N,
                                          072[deg]04'43.327'' W (NAD
                                          83).
8 City of Middletown Fireworks.........  Location: Waters of the
                                          Connecticut River, Middletown
                                          Harbor, Middletown, CT in
                                          approximate position
                                          41[deg]33'44.47'' N,
                                          072[deg]38'37.88'' W (NAD 83).
9 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).
------------------------------------------------------------------------


[[Page 28768]]

    This rule prevents restricts vessel movement within the areas 
specifically designated as a safety zone to reduce the safety risks 
associated with specific marine events. Vessels are prohibited from 
entering, transiting, mooring, or anchoring with the safety zones 
during the period of enforcement of each safety zone 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 rulemaking is not a 
significant regulatory action for the following reasons: (1) The 
enforcement of these safety zones will be relatively short in duration, 
lasting at most two hours; (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 these 
safety zones.

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 nine temporary safety 
zones. It is categorically excluded from further review under paragraph 
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 01. A Record of Environmental Consideration (REC) supporting this 
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

[[Page 28769]]

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; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T01-0333 to read as follows:


Sec.  165.T01-0333  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 this section.
    (b) Enforcement period. This rule will be enforced on the dates and 
times listed for each event in Table 1 to this section.
    (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 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 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 is 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 Long Island 
Sound, or a designated 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 Long 
Island Sound or a designated 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 this section 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.T01-0333--Fireworks Events
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1 50th Birthday Party Fireworks Display   Date: May 27, 2018.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Long Island Sound off Canfield
                                          Island, Norwalk, CT in
                                          approximate position
                                          41[deg]05'40.66'' N,
                                          073[deg]22'53.34'' W (NAD 83).
2 Fairfield Aerial Fireworks...........   Date: July 2, 2018.
                                          Rain Date: July 7,
                                          2018.
                                          Time: 8:00 p.m. to
                                          10:30 p.m.
                                          Location: Location:
                                          Waters of Jennings Beach,
                                          Fairfield, CT in approximate
                                          position 41[deg]08'22'' N,
                                          073[deg]14'02'' W (NAD 83).
3 City of Stamford Fireworks...........   Date: July 6, 2018.
                                          Rain Date: July 7,
                                          2018.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Fisher's Westcott Cove,
                                          Stamford, CT in approximate
                                          position 41[deg]02'09.56'' N,
                                          073[deg]30'57.76'' W (NAD 83).
4 City of West Haven Fireworks.........   Date: July 3, 2018.
                                          Rain Date: July 5,
                                          2018.
                                          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).
5 Madison Fireworks....................   Date: July 3, 2018.
                                          Rain Date: July 6,
                                          2018.
                                          Time: 9:00 p.m. to
                                          10:00 p.m.
                                          Location: Waters of
                                          Long Island Sound off Madison
                                          Beach, Madison, CT in
                                          approximate position
                                          41[deg]16'03.93'' N,
                                          072[deg]36'15.97'' W (NAD 83).
6 Village of Asharoken Fireworks.......   Date: July 4, 2018.
                                          Rain Date: July 5,
                                          2018.
                                          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).
7 City of Norwich July Fireworks.......   Date: July 6, 2018.
                                          Rain Date: July 8,
                                          2018.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          the Thames River, Norwich, CT
                                          in approximate position,
                                          41[deg]31'16.835'' N,
                                          072[deg]04'43.327'' W (NAD
                                          83).
8 City of Middletown Fireworks.........   Date: July 7, 2018.
                                          Rain Date: July 8,
                                          2018.

[[Page 28770]]

 
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          the Connecticut River,
                                          Middletown Harbor, Middletown,
                                          CT in approximate position
                                          41[deg]33'44.47'' N,
                                          072[deg]38'37.88'' W (NAD 83).
9 Riverfest Fireworks..................   Date: July 14, 2018.
                                          Rain Date: July 15,
                                          2018.
                                          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: May 24, 2018.
K.B. Reed,
Captain, U. S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2018-13344 Filed 6-20-18; 8:45 am]
 BILLING CODE 9110-04-P