Safety Zone; Bat Mitzvah Celebration Fireworks Display; Joshua Cove; Guilford, CT, 20789-20792 [2014-08222]
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Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations
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.
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.
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
restricting vessel movement within a
regulated navigation area. This rule is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist and a
categorical exclusion determination
supporting this 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
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.
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
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
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
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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
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16:13 Apr 11, 2014
Jkt 232001
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 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.
2. Add § 165.T01–0727 to read as
follows:
■
§ 165.T01–0727 Regulated Navigation
Area; Arthur Kill, NY and NJ.
(a) Regulated Area. The following area
is a regulated navigation area: All waters
of the North of Shooters Island Reach,
Elizabethport Reach, and Gulfport
Reach in the Arthur Kill; bounded in the
northeast by a line drawn from position
40°38′48.637″ N, 074°09′18.204″ W; to a
point in position 40°38′37.815″ N,
074°09′20.245″ W; and bounded in the
southwest by a line drawn from position
40°37′15.643″ N, 074°12′15.927″ W; to a
point in position 40°37′15.779″ N,
074°12′08.0622″ W. All geographic
coordinates are North American Datum
of 1983 (NAD 83).
(b) Regulations. (1) The general
regulations contained in 33 CFR 165.13
apply.
(2) All vessels must remain at least
150 feet from all drilling and blasting
equipment; if a vessel must pass within
150 feet of drilling and blasting
equipment for reasons of safety, they
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20789
shall contact the dredge and/or blasting
barge on Channel 13.
(3) No vessel shall enter or transit any
work area where drill barges and/or
dredges are located without the
permission of Vessel Traffic Service
New York (VTSNY) Director.
(4) No vessel may be underway within
1,500 feet of the blasting area during
blasting operations.
(5) No vessel shall enter an area of
drilling or blasting when they are
advised by the drilling barge or VTSNY
that a misfire or hang fire has occurred.
(6) Vessel Movement Reporting
System (VMRS) users are prohibited
from meeting or overtaking other vessels
when transiting alongside an active
work area where dredging and drilling
equipment are being operated.
(7) Each vessel transiting in the
vicinity of a work area where dredges
are located is required to do so at
reduced speed to maintain
maneuverability while minimizing the
effects of wake and surge.
(8) The VTSNY Director may impose
additional requirements through VTS
measures, as per 33 CFR 161.11.
(c) Effective Period. This rule is
effective from 8 a.m. on March 31, 2014
until 5 p.m. on June 1, 2014.
Dated: March 31, 2014.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2014–08218 Filed 4–11–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0158]
RIN 1625–AA00
Safety Zone; Bat Mitzvah Celebration
Fireworks Display; Joshua Cove;
Guilford, CT
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of Joshua Cove
near Guilford, CT for the Bat Mitzvah
Celebration fireworks display. This
action is necessary to provide for the
safety of life on navigable waters during
the event. Entering into, transiting
through, remaining, anchoring or
mooring within this regulated area
would be prohibited unless authorized
by the Captain of the Port (COTP) Sector
Long Island Sound.
SUMMARY:
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Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations
This rule is effective on May 10,
2014. This rule will be enforced from
8:30 p.m. to 10:30 p.m. on May 10,
2014.
DATES:
Documents mentioned in
this preamble are part of docket [USCG–
2014–0158]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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 Petty Officer Scott Baumgartner,
Prevention Department, Coast Guard
Sector Long Island Sound, (203) 468–
4559, Scott.A.Baumgartner@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Barbara Hairston, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
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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 an
NPRM would be impracticable. The
Coast Guard received information
regarding the fireworks display from the
event sponsor on February 12, 2014.
Consequently, the Coast Guard did not
have enough time to draft, publish, and
receive public comment on this
rulemaking via an NPRM and still
publish a final rule before the event was
scheduled to take place. Delaying this
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rulemaking by waiting for a comment
period to run would also reduce the
Coast Guard’s ability to promote the
safety of event participants and the
maritime public during this event.
Under 5 U.S.C. 553(d)(3) and for the
same reasons as stated above, 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. 1226, 1231, 1233; 46 U.S.C.
Chapters 454, 701, 3306, 3703; 50 U.S.C.
191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–
6 and 160.5; Pub. L. 107–295, 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.1 which
collectively authorize the Coast Guard
to define regulatory special local
regulations and safety zones.
This temporary rule establishes a
safety zone in order to provide for the
safety of life on navigable waterways
during the Bat Mitzvah Celebration
Fireworks display in Joshua Cove near
Guilford, CT.
C. Discussion of the Final Rule
This temporary rule establishes a
safety zone for the Bat Mitzvah
Celebration Fireworks display. The Bat
Mitzvah Celebration Fireworks display
may attract large numbers of spectator
vessels that will congregate around the
event location. The safety zone
established for this fireworks display is
needed to protect both spectators and
participants from the safety hazards
created by it, including unexpected
pyrotechnics detonation and burning
debris.
This rule prevents vessels from
entering, transiting, mooring or
anchoring within areas specifically
designated as regulated areas during the
periods of enforcement unless
authorized by the COTP or designated
representative.
The Coast Guard has determined that
this regulated area will not have a
significant impact on vessel traffic due
to its temporary nature, limited size,
and the fact that vessels are allowed to
transit the navigable waters outside of
the regulated area. The COTP will cause
public notifications to be made by all
appropriate means including but not
limited to 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
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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
rule is not a significant regulatory action
for the following reasons: The regulated
area will be of limited duration and
cover only a small portion of the
navigable waterways. Furthermore,
vessels may transit the navigable
waterways outside of the regulated area.
Vessels requiring entry into the
regulated area may be authorized to do
so by the COTP or designated
representative.
Advanced public notifications will
also be made to the local maritime
community by the Local Notice to
Mariners as well as Broadcast Notice to
Mariners.
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.
The temporary safety zone will not
have a significant economic impact on
a substantial number of small entities
for the following reasons: The regulated
area will be of limited size and of short
duration, and vessels that can safely do
so may navigate in all other portions of
the waterways except for the areas
designated as a regulated area.
Additionally, notifications will be made
before the effective period by all
appropriate means, including but not
limited to the Local Notice to Mariners
and Broadcast Notice to Mariners well
in advance of the events.
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Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations
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, 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).
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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
INTFORMATION 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
16:13 Apr 11, 2014
Jkt 232001
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
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
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.
VerDate Mar<15>2010
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.
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
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20791
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 a safety zone. 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 recordkeeping
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
AREA AND LIMITED ACCESS AREAS
1. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–0158 to read as
follows:
■
§ 165.T01–0158 Safety Zone; Bat Mitzvah
Celebration Fireworks Display; Joshua
Cove; Guilford, CT.
(a) Location. The following area is a
safety zone: All waters of Joshua Cove
near Guilford, CT within a 600-foot
radius of the fireworks barge located in
approximate position 41°15′06.62″ N,
072°42′48.08″ W (NAD 83).
(b) Enforcement Period. This rule will
be enforced from 8:30 p.m. until 10:30
p.m. on May 10, 2014.
(c) Regulations. The general
regulations contained in 33 CFR 165.23
apply. During the enforcement period,
entering into, transiting through,
remaining, mooring or anchoring within
this safety zone is prohibited unless
authorized by the Captain of the Port
(COTP) or the designated
representatives.
(1) Definitions. The following
definitions apply to this section:
(i) Designated Representative. 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
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Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations
may be on an official patrol vessel or
may be on shore and will communicate
with vessels via VHF–FM radio or
loudhailer. In addition, members of the
Coast Guard Auxiliary may be present to
inform vessel operators of this
regulation.
(ii) 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 Sector Long
Island Sound.
(iii) Spectators. All persons and
vessels not registered with the event
sponsor as participants or official patrol
vessels.
(2) Spectators desiring to enter or
operate within the regulated area should
contact the COTP Sector Long Island
Sound at 203–468–4401 (Sector LIS
command center) or the designated
representative via VHF channel 16 to
obtain permission to do so. Spectators
given permission to enter or operate in
the regulated area must comply with all
directions given to them by the COTP
Sector Long Island Sound or the
designated on-scene representative.
(3) Upon being hailed by a U.S. Coast
Guard vessel or the designated
representative, by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed. Failure
to comply with a lawful direction may
result in expulsion from the area,
citation for failure to comply, or both.
(4) Fireworks barges used in this
location will have a sign on their port
and starboard side labeled
‘‘FIREWORKS—STAY AWAY’’. This
sign will consist of 10 inch high by 1.5
inch wide red lettering on a white
background.
within the waters of the Raritan River
upstream of the Perth Amboy Railroad
Bridge. This safety zone is necessary to
provide for the protection of the
maritime public and safety of navigation
during removal of underwater explosive
hazards in the Raritan River. This action
will protect the public from the dangers
posed by underwater explosives by
restricting unauthorized persons and
vessels from traveling through or
conducting underwater activities within
a portion of the Raritan River while
military munitions are rendered safe,
detonated, and/or removed from the
area. Entry into this zone (as well as a
broad array of other actions) will be
prohibited within the safety zone unless
authorized by the Captain of the Port
New York or the designated on-scene
representative.
DATES:
This rule is effective May 14,
2014.
Documents mentioned in
this preamble are part of docket [USCG–
2012–1045]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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.
ADDRESSES:
33 CFR Part 165
If
you have questions on this rule, call or
email LT Hannah Eko, U.S. Coast Guard,
Sector New York, Waterways
Management Division, telephone (718)
354–4114, email
Hannah.O.Eko@uscg.mil or BMC Craig
Lapeijko, Coast Guard First District
Waterways Management Branch,
telephone (617) 223–8381, email
craig.d.lapeijko@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
[Docket No. USCG–2012–1045]
SUPPLEMENTARY INFORMATION:
RIN 1625AA00
Table of Acronyms
Safety Zone; Military Munitions
Recovery, Raritan River, Raritan, NJ
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
USACE United States Army Corps of
Engineers
Dated: March 25, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2014–08222 Filed 4–11–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
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Coast Guard
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a permanent safety zone
SUMMARY:
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16:13 Apr 11, 2014
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FOR FURTHER INFORMATION CONTACT:
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A. Regulatory History and Information
On September 19, 2013 the Coast
Guard published a notice of proposed
rulemaking (NPRM) entitled ‘‘Safety
Zone; Military Munitions Recovery,
Raritan River, Raritan, NJ’’ in the
Federal Register (78 FR 57567). We
received 0 comments on the NPRM.
B. Basis and Purpose
The legal basis for the proposed rule
is 33 U.S.C. 1226, 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; Public Law 107–295, 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.1., which
collectively authorize the Coast Guard
to establish safety zones.
The purpose of this rule is to protect
vessel traffic from the dangers of
underwater explosives by restricting
unauthorized persons and vessels from
traveling through or conducting
underwater activities within a portion of
the Raritan River while military
munitions are rendered safe, detonated,
or removed from the area. The United
States Corps of Army Engineers
(USACE) is conducting a remedial
investigation within the Raritan River
using advanced metal detection,
removal, and detonation techniques.
The prior start date of spring 2013 was
delayed by application reviews and is
now scheduled to begin in the spring of
2014.
C. Discussion of Comments, Changes,
and the Final Rule
No comments were received
concerning this rule.
The Coast Guard will establish a
safety zone encompassing all navigable
waters of the Raritan River upstream of
the Perth Amboy Railroad Bridge to
ensure the safety of mariners and
vessels around the military munitions
removal area.
These safety zones will be enforced
while on-scene workers are retrieving
military munitions that could pose a
hazard to persons or vessels operating in
the area. Each military munitions
retrieval is expected to require the
activation of the safety zone for a
minimum of 60 minutes. Intended work
hours (subject to change) are 6:00 a.m.
through 6:00 p.m., Monday through
Friday. The USACE will provide notice
of the activation of the safety zone via
vessels stationed at the eastern and
western boundaries of the safety zone.
These vessels will have flashing yellow
lights to alert mariners to their presence
and that the safety zone is being
enforced.
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]]>Agencies
[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Rules and Regulations]
[Pages 20789-20792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08222]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0158]
RIN 1625-AA00
Safety Zone; Bat Mitzvah Celebration Fireworks Display; Joshua
Cove; Guilford, CT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Joshua Cove near Guilford, CT for the Bat Mitzvah
Celebration fireworks display. This action is necessary to provide for
the safety of life on navigable waters during the event. Entering into,
transiting through, remaining, anchoring or mooring within this
regulated area would be prohibited unless authorized by the Captain of
the Port (COTP) Sector Long Island Sound.
[[Page 20790]]
DATES: This rule is effective on May 10, 2014. This rule will be
enforced from 8:30 p.m. to 10:30 p.m. on May 10, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0158]. To view documents mentioned in this preamble as being
available in the docket, go to https://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 Petty Officer Scott Baumgartner, Prevention Department,
Coast Guard Sector Long Island Sound, (203) 468-4559,
Scott.A.Baumgartner@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, 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
LIS Long Island Sound
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 an NPRM would be impracticable. The
Coast Guard received information regarding the fireworks display from
the event sponsor on February 12, 2014. Consequently, the Coast Guard
did not have enough time to draft, publish, and receive public comment
on this rulemaking via an NPRM and still publish a final rule before
the event was scheduled to take place. Delaying this rulemaking by
waiting for a comment period to run would also reduce the Coast Guard's
ability to promote the safety of event participants and the maritime
public during this event.
Under 5 U.S.C. 553(d)(3) and for the same reasons as stated above,
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. 1226, 1231,
1233; 46 U.S.C. Chapters 454, 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1 which
collectively authorize the Coast Guard to define regulatory special
local regulations and safety zones.
This temporary rule establishes a safety zone in order to provide
for the safety of life on navigable waterways during the Bat Mitzvah
Celebration Fireworks display in Joshua Cove near Guilford, CT.
C. Discussion of the Final Rule
This temporary rule establishes a safety zone for the Bat Mitzvah
Celebration Fireworks display. The Bat Mitzvah Celebration Fireworks
display may attract large numbers of spectator vessels that will
congregate around the event location. The safety zone established for
this fireworks display is needed to protect both spectators and
participants from the safety hazards created by it, including
unexpected pyrotechnics detonation and burning debris.
This rule prevents vessels from entering, transiting, mooring or
anchoring within areas specifically designated as regulated areas
during the periods of enforcement unless authorized by the COTP or
designated representative.
The Coast Guard has determined that this regulated area will not
have a significant impact on vessel traffic due to its temporary
nature, limited size, and the fact that vessels are allowed to transit
the navigable waters outside of the regulated area. The COTP will cause
public notifications to be made by all appropriate means including but
not limited to 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 rule is not a significant
regulatory action for the following reasons: The regulated area will be
of limited duration and cover only a small portion of the navigable
waterways. Furthermore, vessels may transit the navigable waterways
outside of the regulated area. Vessels requiring entry into the
regulated area may be authorized to do so by the COTP or designated
representative.
Advanced public notifications will also be made to the local
maritime community by the Local Notice to Mariners as well as Broadcast
Notice to Mariners.
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.
The temporary safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: The regulated area will be of limited size and of short
duration, and vessels that can safely do so may navigate in all other
portions of the waterways except for the areas designated as a
regulated area. Additionally, notifications will be made before the
effective period by all appropriate means, including but not limited to
the Local Notice to Mariners and Broadcast Notice to Mariners well in
advance of the events.
[[Page 20791]]
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,
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
INTFORMATION 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 an 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
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 a safety zone.
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
recordkeeping 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 AREA 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. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T01-0158 to read as follows:
Sec. 165.T01-0158 Safety Zone; Bat Mitzvah Celebration Fireworks
Display; Joshua Cove; Guilford, CT.
(a) Location. The following area is a safety zone: All waters of
Joshua Cove near Guilford, CT within a 600-foot radius of the fireworks
barge located in approximate position 41[deg]15'06.62'' N,
072[deg]42'48.08'' W (NAD 83).
(b) Enforcement Period. This rule will be enforced from 8:30 p.m.
until 10:30 p.m. on May 10, 2014.
(c) Regulations. The general regulations contained in 33 CFR 165.23
apply. During the enforcement period, entering into, transiting
through, remaining, mooring or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port (COTP) or the
designated representatives.
(1) Definitions. The following definitions apply to this section:
(i) Designated Representative. 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
[[Page 20792]]
may be on an official patrol vessel or may be on shore and will
communicate with vessels via VHF-FM radio or loudhailer. In addition,
members of the Coast Guard Auxiliary may be present to inform vessel
operators of this regulation.
(ii) 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 Sector Long Island
Sound.
(iii) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(2) Spectators desiring to enter or operate within the regulated
area should contact the COTP Sector Long Island Sound at 203-468-4401
(Sector LIS command center) or the designated representative via VHF
channel 16 to obtain permission to do so. Spectators given permission
to enter or operate in the regulated area must comply with all
directions given to them by the COTP Sector Long Island Sound or the
designated on-scene representative.
(3) Upon being hailed by a U.S. Coast Guard vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
(4) Fireworks barges used in this location will have a sign on
their port and starboard side labeled ``FIREWORKS--STAY AWAY''. This
sign will consist of 10 inch high by 1.5 inch wide red lettering on a
white background.
Dated: March 25, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2014-08222 Filed 4-11-14; 8:45 am]
BILLING CODE 9110-04-P
