Safety Zones; Marine Events Within the Captain of the Port Sector Long Island Sound Area of Responsibility, June Through October, 38926-38934 [2010-16373]
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Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Rules and Regulations
responsibilities between the Federal
Government and Indian tribes.
ADDRESSES.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
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Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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 concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishing of a regulated
navigation area and therefore falls
within the categorical exclusion noted
above. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
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Any comments received
concerning environmental impacts will
be considered and changes made to the
environmental analysis checklist and
categorical exclusion determination as
appropriate.
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
AREAS AND LIMITED ACCESS AREAS
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, 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.t01–0220 to read as
follows:
■
§ 165.t01–0220 Regulated Navigation Area:
Niantic Railroad Bridge Construction,
Niantic, Connecticut
(a) Location. The following area is a
regulated navigation area: All navigable
waters of the Federal channel on the
Niantic River in Niantic, CT, from
surface to bottom, bounded to the north
by the Highway 156/Main Street Bridge
and to the south beginning at a point on
land located at 41°19′26.000″ N,
72°10′51.000″ W, then running
southeast to position 41°19′16.158″ N,
72°10′45.519″ W (Niantic River Channel
Buoy 3 (LLNR 22310)) and
41°19′15.285″ N, 72°10′44.867″ W
(Niantic River Channel Buoy 4 (LLNR
22315)), then running east to a point on
land located at 41°19′14.000″ N,
72°10′38.000″ W.
(b) Regulations. (1) The general
regulations contained in 33 CFR 165.10,
165.11, and 165.13 apply.
(2) In accordance with the general
regulations, entry into or movement
within this zone, during periods of
enforcement, is prohibited unless
authorized by the Captain of the Port,
Long Island Sound (COTP).
(3) All persons and vessels must
comply with the COTP or the COTP’s
designated on-scene Coast Guard patrol
personnel.
(4) Upon being hailed by a Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel must proceed as directed.
(5) Persons and vessels may request
permission to enter the zone during
periods of enforcement on VHF–16 or
via phone at 203–468–4401.
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(6) Rules of the Road (33 CFR part 84,
Inland Navigational Rules) remain in
effect and must be strictly adhered to at
all times.
(c) Enforcement Period. (1) This
regulated navigation area is enforceable
24 hours a day from June 20, 2010 until
April 20, 2013.
(2) The COTP may temporarily
suspend enforcement of the RNA. If
enforcement is suspended, the COTP
will cause a notice of the suspension of
enforcement by all appropriate means to
effect the widest publicity among the
affected segments of the public. Such
means of notification may include, but
are not limited to, Broadcast Notice to
Mariners and Local Notice to Mariners.
Such notification will include the date
and time that enforcement is suspended
as well as the date and time that
enforcement will resume.
(3) The COTP may temporarily
suspend all traffic through the RNA for
any situation that would pose imminent
hazard to life on the navigable waters.
In the event of a complete waterway
closure, the COTP will make advance
notice of the closure by all means
available to effect the widest public
distribution including, but are not
limited to, Broadcast Notice to Mariners
and Local Notice to Mariners. Such
notification will include the date and
time of the closure as well as the date
and time that normal vessel traffic can
resume.
(4) Violations of this regulated
navigation area should be reported to
the Captain of the Port Sector Long
Island Sound, at 203–468–4401 or on
VHF–Channel 16. Persons in violation
of this regulated navigation area may be
subject to civil and/or criminal
penalties.
Dated: June 10, 2010.
J.A. Servidio,
Captain, U.S. Coast Guard, Acting,
Commander, First Coast Guard District.
[FR Doc. 2010–16263 Filed 7–6–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0427]
RIN 1625–AA08 and AA00
Safety Zones; Marine Events Within
the Captain of the Port Sector Long
Island Sound Area of Responsibility,
June Through October
AGENCY:
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ACTION: Interim rule with request
comments.
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SUMMARY: The Coast Guard is
establishing 29 safety zones for marine
events within the Captain of the Port
Sector Long Island Sound area of
responsibility for regattas, power boat
races, and firework displays. This action
is necessary to provide for the safety of
life on navigable waters during the
events. Entry into, transit through,
mooring or anchoring within these
zones is prohibited unless authorized by
the Captain of the Port Sector Long
Island Sound.
DATES: This rule is effective July 7, 2010
through 11:59 p.m. on October 3, 2010.
This rule is effective with actual notice
for purposes of enforcement beginning
at 8:30 p.m. on June 25, 2010.
Comments and related material must
reach the Coast Guard on or before
August 23, 2010. Requests for public
meetings must be received by the Coast
Guard on or before July 28, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0427 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this interim rule,
call or e-mail Petty Officer Joseph
Graun, Prevention Department, Coast
Guard Sector Long Island Sound, (203)
468–4459, joseph.l.graun@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
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comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–0427),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand delivery, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Rules’’ and insert ‘‘USCG–2010–
0427’’ in the ‘‘Keyword’’ box. Click
‘‘Search’’ then click on the balloon shape
in the ‘‘Actions’’ column. If you submit
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope. We will
consider all comments and material
received during the comment period
and may change this rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2010–
0427’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
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38927
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. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before July 28, 2010 using
one of the four methods specified under
ADDRESSES. Please explain why you
believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Regulatory Information
The Coast Guard is issuing this
interim 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. It is
impractical to issue a NPRM and take
public comment before June 25, 2010
when the first marine event
necessitating a safety zone is scheduled
to occur. Further, it is contrary to public
interest to delay the effective date of this
rule or to delay or cancel the scheduled
events. Delaying the effective date by
first publishing a NPRM would be
contrary to the rule’s objectives of
ensuring safety of life on the navigable
waters during these scheduled events as
immediate action is needed to protect
persons and vessels from the hazards
associated with vessels participating in
regattas, powerboat races, as well as the
hazardous nature of fireworks including
unexpected detonation and burning
debris. We are requesting public
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comment on the safety zones, and if we
receive public input that indicates a
need to revise the safety zone
regulations or the conditions they
impose, or raises any other significant
public concerns, we will address those
concerns prior to issuing any final rule.
For the same reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
Basis and Purpose
Marine events are frequently held on
the navigable waters within the area of
responsibility for COTP Long Island
Sound. These events include sailing
regattas, swim events, power boat races,
row and paddle boat races, parades, and
firework displays. Based on the nature
of the events, large number of
participants and spectators, and the
event locations, the Coast Guard has
determined that the events listed in this
rule could pose a risk to participants or
waterway users if normal vessel traffic
were to interfere with the event.
Possible hazards include risks of
participant injury or death resulting
from near or actual contact with nonparticipant vessels traversing through
the regulated areas. In order to protect
the safety of all waterway users
including event participants and
spectators, this temporary rule
establishes safety zones for the time and
location of each event.
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 Captain of the Port, or
designated on-scene patrol personnel.
‘‘Designated on-scene patrol personnel’’
are any Coast Guard commissioned,
warrant, or petty officer who has been
designated by the Captain of the Port to
act on his behalf. On-scene patrol
personnel may be comprised of local,
State or Federal officials authorized to
act in support of the Coast Guard.
The Coast Guard has ordered safety
zones or special local regulations for all
of these 25 areas for past events and has
not received public comments or
concerns regarding the impact to
waterway traffic from these annual
events.
Discussion of Rule
This temporary rule creates safety
zones for all navigable waters within the
described area of each event as follows:
A 1000 foot zone around all firework
displays, a 200 foot zone around all
regattas, and a 600 foot zone around all
power boat races.
The tables below summarize the
regulated area size that applies to each
event along with the event name, date,
time, and location:
FIREWORK DISPLAYS: 1,000 FOOT SAFETY ZONE
Shelter Island Fireworks .....................................
•
•
•
•
Mason’s Island Yacht Club Fireworks ................
•
•
•
•
Centerport Fire Department Fireworks ...............
•
•
•
•
City of Long Beach Fireworks ............................
•
•
•
•
Town of Babylon Fireworks ................................
•
•
•
•
Village of Quoque Foundering Anniversary Fireworks.
•
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CDM Chamber of Commerce Annual Music
Fest Fireworks.
Cancer Center for Kids Fireworks ......................
Lawrence Beach Club Fireworks ........................
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Date: July 10, 2010.
Rain date: July 11, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Gardiner Bay off East Beach, Shelter Island, NY in approximate position 41°04′39.11″ N, 072°22′01.07″ W (NAD 83).
Date: July 4, 2010
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Fisher′s Island Sound, Noank, CT in approximate position
41°19′31.00″ N, 071°57′48.00″ W (NAD 83).
Date: July 4, 2010.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Mill Pond, Centerport, NY in approximate position 40°54′18.00″ N,
073°22′40.00″ W (NAD 83).
Date: July 9, 2010.
Rain date: July 10, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of the Atlantic Ocean off Riverside Blvd., City of Long Beach, NY in approximate position 40°34′38.77″ N, 073°39′41.32″ W (NAD 83).
Date: August 28, 2010.
Rain date: August 29, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters off of Cedar Beach Town Park, Babylon, NY in approximate position
40°37′53″ N, 073°20′12″ W (NAD 83).
Date: July 4, 2010.
• Rain date: July 5, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of Quantuck Bay, Quoque, NY in approximate position 40°48′42.99″ N,
072°37′20.20″ W (NAD 83).
• Date: July 4, 2010.
• Rain date: July 5, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters off of Cedar Beach Town Park, Mount Sinai, NY in approximate position
40°57′54.02″ N, 073°01′57.52″ W (NAD 83).
• Date: July 3, 2010.
• Rain date: July 5, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters off of Bayville, NY in approximate position 40°55′19.38″ N,
073°03′40.41″ W (NAD 83).
• Date: July 3, 2010.
• Rain date: July 5, 2010.
• Time: 8:30 pm to 10:30 pm.
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FIREWORK DISPLAYS: 1,000 FOOT SAFETY ZONE—Continued
Sag Harbor Fireworks .........................................
Point O′Woods Fire Company Summer Fireworks.
Village of Port Jefferson Fourth of July Celebration Fireworks.
Town of North Hempstead Bar Beach Fireworks
Port Washington Sons of Italy Fireworks ...........
Pyro-FX Entertainment Group Fireworks ...........
The Creek Fireworks ..........................................
Town of Islip Labor Day Fireworks .....................
Great South Bay Music Festival Fireworks ........
Fund in the Sun Fireworks .................................
Independence Day Celebration Fireworks .........
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East Hampton Fire Department Fireworks .........
Village of Island Park Labor Day Celebration
Fireworks.
Barnum Festival Fireworks .................................
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• Location: All waters of the Atlantic Ocean off Lawrence Beach Club, Atlantic Beach, NY in
approximate position 40°34′42.65″ N, 073°42′56.02″ W (NAD 83).
• Date: July 3, 2010.
• Rain date: July 4, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of Sag Harbor Bay off Havens Beach, Sag Harbor, NY in approximate
position 41°00′13.03″ N, 072°17′26.07″ W (NAD 83).
• Date: July 2, 2010.
• Rain date: July 4, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of the Great South Bay, Point O′Woods, NY in approximate position
40°39′54″ N, 073°07′47.3″ W (NAD 83).
• Date: July 4, 2010.
• Rain date: July 5, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of Port Jefferson Harbor off East Beach, NY in approximate position
40°57′53.189″ N, 073°03′9.72″ W (NAD 83).
• Date: July 17, 2010.
• Rain date: July 18, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of Hempstead Harbor off Bar Beach, North Hempstead, NY in approximate position 40°49′54″ N, 073°39′14″ W (NAD 83).
• Date: August 7, 2010.
• Rain date: August 8, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of Hempstead Harbor off Bar Beach, North Hempstead, NY in approximate position 40°49′48.04″ N, 073°39′24.32″ W (NAD 83).
• Date: August 7, 2010.
• Rain date: August 8, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of the Connecticut River off Chester, CT in approximate position
41°23′18″ N, 072°25′36″ W (NAD 83).
• Date: September 4, 2010.
• Rain date: None.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of Long Island Sound off of The Creek Club, Lattingtown, NY in approximate position 40°54′13″ N, 073°35′58″ W (NAD 83).
• Date: September 25, 2010.
• Rain date: September 26, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of Great South Bay off Bay Shore Marina, Islip, NY in approximate position 40°42′39″ N, 073°14′12″ W (NAD 83).
• Date: July 9, 2010.
• Rain date: July 10, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of Great South Bay, off Bay Avenue, Patchogue, NY in approximate position 40°44′45″ N, 073°00′25″ W (NAD 83).
• Date: July 4, 2010.
• Rain date: None.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of the Great South bay off The Pines, East Fire Island, NY in approximate position 40°40′07.43″ N, 073°04′13.88″ W (NAD 83).
• Date: July 4, 2010.
• Rain date: July 5, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters off of Umbrella Beach, Montauk, NY in approximate position 41°01′44″
N, 071°57′13″ W. (NAD 83).
• Date: September 4, 2010.
• Rain date: September 5, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters off of East Hampton, NY in approximate position 40°56′40.28″ N,
072°11′21.26″ W (NAD 83).
• Date: September 25, 2010.
• Rain date: September 26, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters off of Village of Island Park Fishing Pier, Village Beach, NY in approximate position 40°57′53.189″ N, 073°03′9.72″ W (NAD 83).
• Date: June 25, 2010.
• Rain date: None.
• Time: 8:30 pm to 10:30 pm.
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FIREWORK DISPLAYS: 1,000 FOOT SAFETY ZONE—Continued
Clam Shell Foundation Fireworks ......................
Village of Bellport Centennial .............................
Go 4th on the Bay ..............................................
• Location: All waters of Bridgeport Harbor, Bridgeport, CT. in approximate position 41°9′04″
N, 073°12′49″ W (NAD 83).
• Date: July 17, 2010.
• Rain date: July 18, 2010.
• Time: 9:30 pm to 10:30 pm.
• Location: All waters of Three Mile Harbor, East Hampton, NY in approximate position
41°1′15.49″ N, 072°11′27.50″ W (NAD 83).
• Date: August 7, 2010.
• Rain date: August 8, 2010.
• Time: 9:00 pm to 10:30 pm.
• Location: All waters of Bellport Bay, off Bellport Dock, Bellport, NY in approximate position
40°45′01.83″ N, 072°55′50.43″ W (NAD 83).
• Date: July 4, 2010.
• Rain date: July 5, 2010.
• Time: 9:00 pm to 10:30 pm.
• Location: All waters of the Great South Bay, off Davis Park, Island, NY in approximate position 40°41′04.01″ N, 073°00′23.56″ W (NAD 83).
Regatta Events: 200 Foot Safety Zone
Riverfront Regatta ...............................................
•
•
•
•
Date: October 3, 2010.
Rain date: None.
Time: 08:30 am to 10:30 pm.
Location: Connecticut River, Hartford, CT. None between the Putnum Bridge 41°42.87′ N
072°38.43′ W and the Riverside Boat House 41°46.42′ N 072°39.83′ W.
Power Boat Races: 600 Foot Safety Zone
•
•
•
•
Battle on the Bay Powerboat Race ....................
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Riverfront U.S. Title Series Powerboat Race .....
•
•
•
•
As large numbers of spectator vessels
are expected to congregate around the
location of these events, the regulated
areas are needed to protect both
spectators and participants from the
safety hazards created by the event.
During the enforcement period of the
regulated areas, persons and vessels are
prohibited from entering, transiting
through, remaining, anchoring or
mooring within the zone unless
specifically authorized by the COTP or
his designated representatives. The
Coast Guard may be assisted by other
federal, state and local agencies in the
enforcement of these regulated areas.
The Coast Guard determined that
these regulated areas will not have a
significant impact on vessel traffic due
to their temporary nature and limited
size and the fact that vessels are allowed
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Date: September 3, 4, & 5, 2010.
Rain date: None.
Time: 9:30 pm to 6:30 pm.
Location: Bank to bank on the Connecticut River, Hartford, CT from approximate position
North 41* 45′53.47″ N/72* 39′55.77″ W to South 41* 45′37.39″ N/72* 39′47.49″ W (NAD
83).
Date: August 21–22, 2010.
Rain date: None.
Time: 6:00 pm to 7:30 pm.
Location: Shorefront Park, Great South Bay, Patchogue, NY from approximate position: Beginning at a point off Sand Spit Park, Patchogue, NY at position 40°44′45″ N, 073°00′51″ W,
then running south to a point in Great South Bay at position 40°43′46″ N, 073°00′51″ W,
then running south east to position 40°43′41″ N, 073°00′20″ W, then running north east to
position 40°43′54″ N, 072°58′46″ W, then east to position 40°43′58″ N, 072°57′32″ W, then
east to position 40°43′57″ N, 072°56′49″ W, then north to position 40°44′18″ N, 072°56′49″
W, then west to position 40°44′18″ N, 072°57′32″ W, then north west to position 40°44′30″
N, 072°58′32″ W, then north west to position 40°44′33″ N, 072°59′12″ W, then north west to
position 40°44′41″ N, 072°59′51″ W, then north west to position 40°44′46″ N, 073°00′04″ W,
and then closing the zone at position 40°44′45″ N, 073°00′51″ W (NAD 83).
to transit the navigable waters outside of
the regulated areas.
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.
Regulatory Analyses
We developed this interim rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
PO 00000
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and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
The Coast Guard determined that this
rule is not a significant regulatory action
for the following reasons: The regulated
areas will be of limited duration, they
cover only a small portion of the
navigable waterways, and the events are
designed to avoid, to the extent
possible, deep draft, fishing, and
recreational boating traffic routes. In
addition, vessels requiring entry into the
area of the regulated areas may be
authorized to do so by the Captain of the
Port.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
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significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit or anchor in
the designated regulated area during the
enforcement periods stated for each
event in the List of Subjects.
The safety zones will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: The regulated
areas 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 regulated areas.
Additionally, before the effective
period, the Coast Guard will issue
notice of the time and location of each
regulated area through a Local Notice to
Mariners and Broadcast Notice to
Mariners.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
about this rule or any policy or action
of the Coast Guard.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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
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.
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Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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.
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.
Civil Justice Reform
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.
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
PO 00000
Frm 00017
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38931
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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 concluded 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 is categorically
excluded, under figure 2–1, paragraph
(34)(g) and (h), of the Instruction. This
rule involves establishing safety zones.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
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Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Rules and Regulations
Authority: 33 U.S.C. 1226, 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.
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 165 as follows:
2. Add § 165.T01–0505 to read as
follows:
■
§ 165.T01–0505 Safety Zones; Marine
Events within the Captain of the Port Sector
Long Island Sound Area of Responsibility,
June through September.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 165
continues to read as follows:
■
the EVENTS TABLE below, the safety
zones for firework displays includes all
navigable waters within a 1000 foot
radius of the fireworks launch site; all
navigable waters within a 200 foot
radius of all regattas; and for all power
boat races, the safety zone includes all
navigable waters within a 600 foot
radius around the designated race
course.
(a) Safety Zones. The following areas
are designated safety zones:
(1) Locations. The locations for each
safety zone are provided in the below
EVENTS TABLE. For all events listed in
FIREWORK DISPLAYS: 1,000 FOOT SAFETY ZONE
Shelter Island Fireworks ..............................................
•
•
•
•
Mason’s Island Yacht Club Fireworks .........................
•
•
•
•
Centerport Fire Department Fireworks ........................
•
•
•
•
City of Long Beach Fireworks .....................................
•
•
•
•
Town of Babylon Fireworks .........................................
•
•
•
•
Village of Quoque Foundering Anniversary Fireworks
•
•
•
•
CDM Chamber of Commerce Annual Music Fest
Fireworks.
•
Cancer Center for Kids Fireworks ...............................
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Lawrence Beach Club Fireworks .................................
Sag Harbor Fireworks ..................................................
Point O’Woods Fire Company Summer Fireworks .....
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Date: July 10, 2010.
Rain date: July 11, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Gardiner Bay off East Beach, Shelter Island, NY in approximate
position 41°04′39.11″ N, 072°22′01.07″ W (NAD 83).
Date: July 4, 2010.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Fisher’s Island Sound, Noank, CT in approximate position
41°19′31.00″ N, 071°57′48.00″ W (NAD 83).
Date: July 4, 2010.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Mill Pond, Centerport, NY in approximate position 40°54′18.00″
N, 073°22′40.00″ W (NAD 83).
Date: July 9, 2010.
Rain date: July 10, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of the Atlantic Ocean off Riverside Blvd., City of Long Beach, NY
in approximate position 40°34′38.77″ N, 073°39′41.32″ W (NAD 83).
Date: August 28, 2010.
Rain date: August 29, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters off of Cedar Beach Town Park, Babylon, NY in approximate position 40°37′53″ N, 073°20′12″ W (NAD 83).
Date: July 4, 2010.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Quantuck Bay, Quoque, NY in approximate position
40°48′42.99″ N, 072°37′20.20″ W (NAD 83).
Date: July 4, 2010.
• Rain date: July 5, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters off of Cedar Beach Town Park, Mount Sinai, NY in approximate
position 40°57′54.02″ N, 073°01′57.52″ W (NAD 83).
• Date: July 3, 2010.
• Rain date: July 5, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters off of Bayville, NY in approximate position 40°55′19.38″ N,
073°03′ 40.41″ W (NAD 83).
• Date: July 3, 2010.
• Rain date: July 5, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of the Atlantic Ocean off Lawrence Beach Club, Atlantic Beach,
NY in approximate position 40°34′42.65″ N, 073°42′56.02″ W (NAD 83).
• Date: July 3, 2010.
• Rain date: July 4, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of Sag Harbor Bay off Havens Beach, Sag Harbor, NY in approximate position 41°00′13.03″ N, 072°17′26.07″ W (NAD 83).
• Date: July 2, 2010.
• Rain date: July 4, 2010.
• Time: 8:30 pm to 10:30 pm.
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Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Rules and Regulations
38933
FIREWORK DISPLAYS: 1,000 FOOT SAFETY ZONE—Continued
Village of Port Jefferson Fourth of July Celebration
Fireworks.
Town of North Hempstead Bar Beach Fireworks .......
Port Washington Sons of Italy Fireworks ....................
Pyro-FX Entertainment Group Fireworks ....................
The Creek Fireworks ...................................................
Town of Islip Labor Day Fireworks ..............................
Great South Bay Music Festival Fireworks .................
Fund in the Sun Fireworks ..........................................
Independence Day Celebration Fireworks ..................
East Hampton Fire Department Fireworks ..................
Village of Island Park Labor Day Celebration Fireworks.
Barnum Festival Fireworks ..........................................
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Clam Shell Foundation Fireworks ...............................
Village of Bellport Centennial ......................................
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• Location: All waters of the Great South Bay, Point O’Woods, NY in approximate position 40°39′54″ N, 073°07′47.3″ W (NAD 83).
• Date: July 4, 2010.
• Rain date: July 5, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of Port Jefferson Harbor off East Beach, NY in approximate position 40°57′53.189″ N, 073°03′9.72″ W (NAD 83).
• Date: July 17, 2010.
• Rain date: July 18, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of Hempstead Harbor off Bar Beach, North Hempstead, NY in approximate position 40°49′54″ N, 073°39′14″ W (NAD 83).
• Date: August 7, 2010.
• Rain date: August 8, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of Hempstead Harbor off Bar Beach, North Hempstead, NY in approximate position 40°49′48.04″ N, 073°39′24.32″ W (NAD 83).
• Date: August 7, 2010.
• Rain date: August 8, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of the Connecticut River off Chester, CT in approximate position
41°23′18″ N, 072°25′36″ W (NAD 83).
• Date: September 4, 2010.
• Rain date:
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of Long Island Sound off of The Creek Club, Lattingtown, NY in
approximate position 40°54′13″ N, 073°35′58″ W (NAD 83).
• Date: September 25, 2010.
• Rain date: September 26, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of Great South Bay off Bay Shore Marina, Islip, NY in approximate
position 40°42′39″ N, 073°14′12″ W (NAD 83).
• Date: July 9, 2010.
• Rain date: July 10, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of Great South Bay, off Bay Avenue, Patchogue, NY in approximate position 40°44′45″ N, 073°00′25″ W (NAD 83).
• Date: July 4, 2010.
• Rain date: None.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of the Great South bay off The Pines, East Fire Island, NY in approximate position 40°40′07.43″ N, 073°04′13.88″ W (NAD 83).
• Date: July 4, 2010.
• Rain date: July 5, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters off of Umbrella Beach, Montauk, NY in approximate position
41°01′44″ N, 071°57′13″ W (NAD 83).
• Date: September 4, 2010.
• Rain date: September 5, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters off of East Hampton, NY in approximate position 40°56′40.28″ N,
072°11′21.26″ W (NAD 83).
• Date: September 25, 2010.
• Rain date: September 26, 2010.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters off of Village of Island Park Fishing Pier, Village Beach, NY in approximate position 40°57′53.189″ N, 073°03′9.72″ W (NAD 83).
• Date: June 25, 2010.
• Rain date: None.
• Time: 8:30 pm to 10:30 pm.
• Location: All waters of Bridgeport Harbor, Bridgeport, CT. in approximate position
41°9′04″ N, 073°12′49″ W (NAD 83).
• Date: July 17, 2010.
• Rain date: July 18, 2010.
• Time: 9:30 pm to 10:30 pm.
• Location: All waters of Three Mile Harbor, East Hampton, NY in approximate position
41°1′15.49″ N, 072°11′27.50″ W (NAD 83).
• Date: August 7, 2010.
• Rain date: August 8, 2010.
• Time: 9:00 pm to 10:30 pm.
• Location: All waters of Bellport Bay, off Bellport Dock, Bellport, NY in approximate position 40°45′01.83″ N, 072°55′50.43″ W (NAD 83).
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Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Rules and Regulations
FIREWORK DISPLAYS: 1,000 FOOT SAFETY ZONE—Continued
Go 4th on the Bay .......................................................
•
•
•
•
Date: July 4, 2010.
Rain date: July 5, 2010.
Time: 9:00 pm to 10:30 pm.
Location: All waters of the Great South Bay, off Davis Park, Island, NY in approximate
position 40°41′04.01″ N, 073°00′23.56″ W (NAD 83).
Power Boat Races: 600 Foot Safety Zone
Riverfront US Title Series Powerboat Race ................
•
•
•
•
Battle on the Bay Powerboat Race .............................
•
•
•
•
Date: September 3, 4 & 5, 2010.
Rain date: None.
Time: 9:30 pm to 6:30 pm.
Location: Bank to bank on the Connecticut River, Hartford, CT from approximate position North 41* 45′53.47″ N/72* 39′55.77″ W to South 41* 45′37.39″ N/72* 39′47.49″ W
(NAD 83).
Date: August 21–22, 2010.
Rain date: None.
Time: 6:00 pm to 7:30 pm.
Location: Shorefront Park, Great South Bay, Patchogue, NY. from approximate position: Beginning at a point off Sand Spit Park, Patchogue, NY at position 40°44′45″ N,
073°00′51″ W, then running south to a point in Great South Bay at position 40°43′46″
N, 073°00′51″ W, then running south east to position 40°43′41″ N, 073°00′20″ W, then
running north east to position 40°43′54″ N, 072°58′46″ W, then east to position
40°43′58″ N, 072°57′32″ W, then east to position 40°43′57″ N, 072°56′49″ W, then
north to position 40°44′18″ N, 072°56′49″ W, then west to position 40°44′18″ N,
072°57′32″ W, then north west to position 40°44′30″ N, 072°58′32″ W, then north west
to position 40°44′33″ N, 072°59′12″ W, then north west to position 40°44′41″ N,
072°59′51″ W, then north west to position 40°44′46″ N, 073°00′04″ W, and then closing the zone at position 40°44′45″ N, 073°00′51″ W (NAD 83).
Regatta Events: 200 Foot Safety Zone
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Riverfront Regatta ........................................................
(b) Notification. Coast Guard Sector
Long Island Sound will cause notice of
the enforcement of these temporary
safety zones to be made by all
appropriate means to affect the widest
publicity among the effected segments
of the public, including publication in
the Local Notice to Mariners and
Broadcast Notice to Mariners.
(c) Enforcement Period. This section
will be enforced for the duration of each
event indicated in the table above. If the
event is cancelled due to inclement
weather, this section is in effect during
the rain date indicated in the table
above or as indicated in the Local
Notice to Mariners. Notification of
events held on a rain date will be made
by Broadcast Notice to Mariners.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23
apply. During the enforcement period,
entry into, transiting through,
remaining, mooring or anchoring within
these safety zones is prohibited unless
authorized by the Captain of the Port or
his designated representatives.
(2) These temporary safety zones are
closed to all vessel traffic, except as may
be permitted by the Captain of the Port
or his designated representatives. Vessel
operators given permission to enter or
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•
•
•
•
Date: October 3, 2010.
Rain date: None.
Time: 08:30 am to 10:30 pm.
Location: Connecticut River, Hartford, CT. None between the Putnum Bridge 41°42.87′
N 072°38.43′ W and the Riverside Boat House 41°46.42′ N 072°39.83′ W.
operate in the safety zones must comply
with all directions given to them by the
Captain of the Port or his designated
representatives. Vessels that are granted
permission to enter or remain within a
safety zone may be required to be at
anchor or moored to a waterfront facility
such that the vessel’s location will not
interfere with the progress of the event.
At all times when a vessel has been
granted permission to enter within a
safety zone, it shall endeavor to
maintain at least 50 yards distance from
any event participant unless otherwise
directed.
(3) The ‘‘designated representative’’ is
any Coast Guard commissioned, warrant
or petty officer who has been designated
by the Captain of the Port to act on his
behalf. The on-scene representative may
be on a Coast Guard vessel, a state or
local law enforcement vessel, or other
designated craft, 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.
(4) Vessel operators desiring to enter
or operate within the safety zones shall
request permission to do so by
contacting the Captain of the Port Sector
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Long Island Sound at 203–468–4404, or
via VHF Channel 16.
(5) The Captain of the Port or his
designated representative may direct the
delay, cancellation, or relocation of the
specific area to be regulated within the
generally described locations listed in
the EVENTS TABLE above to ensure
safety and compliance with
environmental laws. Such changes in
implementation of the safety zones may
be required as a result of factors that
could affect their associated marine
events such as weather, vessel traffic
density, spectator activities, participant
behavior or potential environmental
impacts.
Dated: June 21, 2010.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the
Port Long Island Sound.
[FR Doc. 2010–16373 Filed 7–6–10; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Rules and Regulations]
[Pages 38926-38934]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16373]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0427]
RIN 1625-AA08 and AA00
Safety Zones; Marine Events Within the Captain of the Port Sector
Long Island Sound Area of Responsibility, June Through October
AGENCY: Coast Guard, DHS.
[[Page 38927]]
ACTION: Interim rule with request comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 29 safety zones for marine
events within the Captain of the Port Sector Long Island Sound area of
responsibility for regattas, power boat races, and firework displays.
This action is necessary to provide for the safety of life on navigable
waters during the events. Entry into, transit through, mooring or
anchoring within these zones is prohibited unless authorized by the
Captain of the Port Sector Long Island Sound.
DATES: This rule is effective July 7, 2010 through 11:59 p.m. on
October 3, 2010. This rule is effective with actual notice for purposes
of enforcement beginning at 8:30 p.m. on June 25, 2010. Comments and
related material must reach the Coast Guard on or before August 23,
2010. Requests for public meetings must be received by the Coast Guard
on or before July 28, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0427 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call or e-mail Petty Officer Joseph Graun, Prevention Department,
Coast Guard Sector Long Island Sound, (203) 468-4459,
joseph.l.graun@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0427), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand delivery, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Rules'' and insert ``USCG-2010-0427'' in the ``Keyword'' box. Click
``Search'' then click on the balloon shape in the ``Actions'' column.
If you submit comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0427'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before July 28, 2010 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
Regulatory Information
The Coast Guard is issuing this interim 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. It is impractical to issue a NPRM and take
public comment before June 25, 2010 when the first marine event
necessitating a safety zone is scheduled to occur. Further, it is
contrary to public interest to delay the effective date of this rule or
to delay or cancel the scheduled events. Delaying the effective date by
first publishing a NPRM would be contrary to the rule's objectives of
ensuring safety of life on the navigable waters during these scheduled
events as immediate action is needed to protect persons and vessels
from the hazards associated with vessels participating in regattas,
powerboat races, as well as the hazardous nature of fireworks including
unexpected detonation and burning debris. We are requesting public
[[Page 38928]]
comment on the safety zones, and if we receive public input that
indicates a need to revise the safety zone regulations or the
conditions they impose, or raises any other significant public
concerns, we will address those concerns prior to issuing any final
rule. For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
Basis and Purpose
Marine events are frequently held on the navigable waters within
the area of responsibility for COTP Long Island Sound. These events
include sailing regattas, swim events, power boat races, row and paddle
boat races, parades, and firework displays. Based on the nature of the
events, large number of participants and spectators, and the event
locations, the Coast Guard has determined that the events listed in
this rule could pose a risk to participants or waterway users if normal
vessel traffic were to interfere with the event. Possible hazards
include risks of participant injury or death resulting from near or
actual contact with non-participant vessels traversing through the
regulated areas. In order to protect the safety of all waterway users
including event participants and spectators, this temporary rule
establishes safety zones for the time and location of each event.
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 Captain of
the Port, or designated on-scene patrol personnel. ``Designated on-
scene patrol personnel'' are any Coast Guard commissioned, warrant, or
petty officer who has been designated by the Captain of the Port to act
on his behalf. On-scene patrol personnel may be comprised of local,
State or Federal officials authorized to act in support of the Coast
Guard.
The Coast Guard has ordered safety zones or special local
regulations for all of these 25 areas for past events and has not
received public comments or concerns regarding the impact to waterway
traffic from these annual events.
Discussion of Rule
This temporary rule creates safety zones for all navigable waters
within the described area of each event as follows: A 1000 foot zone
around all firework displays, a 200 foot zone around all regattas, and
a 600 foot zone around all power boat races.
The tables below summarize the regulated area size that applies to
each event along with the event name, date, time, and location:
Firework Displays: 1,000 Foot Safety Zone
------------------------------------------------------------------------
------------------------------------------------------------------------
Shelter Island Fireworks..... Date: July 10, 2010.
Rain date: July 11, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Gardiner
Bay off East Beach, Shelter Island, NY
in approximate position
41[deg]04'39.11'' N, 072[deg]22'01.07''
W (NAD 83).
Mason's Island Yacht Club Date: July 4, 2010
Fireworks.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Fisher's
Island Sound, Noank, CT in approximate
position 41[deg]19'31.00'' N,
071[deg]57'48.00'' W (NAD 83).
Centerport Fire Department Date: July 4, 2010.
Fireworks.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Mill
Pond, Centerport, NY in approximate
position 40[deg]54'18.00'' N,
073[deg]22'40.00'' W (NAD 83).
City of Long Beach Fireworks. Date: July 9, 2010.
Rain date: July 10, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of the
Atlantic Ocean off Riverside Blvd., City
of Long Beach, NY in approximate
position 40[deg]34'38.77'' N,
073[deg]39'41.32'' W (NAD 83).
Town of Babylon Fireworks.... Date: August 28, 2010.
Rain date: August 29, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters off of
Cedar Beach Town Park, Babylon, NY in
approximate position 40[deg]37'53'' N,
073[deg]20'12'' W (NAD 83).
Village of Quoque Foundering Date: July 4, 2010.
Anniversary Fireworks.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Quantuck
Bay, Quoque, NY in approximate position
40[deg]48'42.99'' N, 072[deg]37'20.20''
W (NAD 83).
CDM Chamber of Commerce Date: July 4, 2010.
Annual Music Fest Fireworks. Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters off of
Cedar Beach Town Park, Mount Sinai, NY
in approximate position
40[deg]57'54.02'' N, 073[deg]01'57.52''
W (NAD 83).
Cancer Center for Kids Date: July 3, 2010.
Fireworks.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters off of
Bayville, NY in approximate position
40[deg]55'19.38'' N, 073[deg]03'40.41''
W (NAD 83).
Lawrence Beach Club Fireworks Date: July 3, 2010.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
[[Page 38929]]
Location: All waters of the
Atlantic Ocean off Lawrence Beach Club,
Atlantic Beach, NY in approximate
position 40[deg]34'42.65'' N,
073[deg]42'56.02'' W (NAD 83).
Sag Harbor Fireworks......... Date: July 3, 2010.
Rain date: July 4, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Sag
Harbor Bay off Havens Beach, Sag Harbor,
NY in approximate position
41[deg]00'13.03'' N, 072[deg]17'26.07''
W (NAD 83).
Point O'Woods Fire Company Date: July 2, 2010.
Summer Fireworks.
Rain date: July 4, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of the
Great South Bay, Point O'Woods, NY in
approximate position 40[deg]39'54'' N,
073[deg]07'47.3'' W (NAD 83).
Village of Port Jefferson Date: July 4, 2010.
Fourth of July Celebration
Fireworks.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Port
Jefferson Harbor off East Beach, NY in
approximate position 40[deg]57'53.189''
N, 073[deg]03'9.72'' W (NAD 83).
Town of North Hempstead Bar Date: July 17, 2010.
Beach Fireworks.
Rain date: July 18, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of
Hempstead Harbor off Bar Beach, North
Hempstead, NY in approximate position
40[deg]49'54'' N, 073[deg]39'14'' W (NAD
83).
Port Washington Sons of Italy Date: August 7, 2010.
Fireworks.
Rain date: August 8, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of
Hempstead Harbor off Bar Beach, North
Hempstead, NY in approximate position
40[deg]49'48.04'' N, 073[deg]39'24.32''
W (NAD 83).
Pyro-FX Entertainment Group Date: August 7, 2010.
Fireworks.
Rain date: August 8, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of the
Connecticut River off Chester, CT in
approximate position 41[deg]23'18'' N,
072[deg]25'36'' W (NAD 83).
The Creek Fireworks.......... Date: September 4, 2010.
Rain date: None.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Long
Island Sound off of The Creek Club,
Lattingtown, NY in approximate position
40[deg]54'13'' N, 073[deg]35'58'' W (NAD
83).
Town of Islip Labor Day Date: September 25, 2010.
Fireworks.
Rain date: September 26, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Great
South Bay off Bay Shore Marina, Islip,
NY in approximate position
40[deg]42'39'' N, 073[deg]14'12'' W (NAD
83).
Great South Bay Music Date: July 9, 2010.
Festival Fireworks.
Rain date: July 10, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Great
South Bay, off Bay Avenue, Patchogue, NY
in approximate position 40[deg]44'45''
N, 073[deg]00'25'' W (NAD 83).
Fund in the Sun Fireworks.... Date: July 4, 2010.
Rain date: None.
Time: 8:30 pm to 10:30 pm.
Location: All waters of the
Great South bay off The Pines, East Fire
Island, NY in approximate position
40[deg]40'07.43'' N, 073[deg]04'13.88''
W (NAD 83).
Independence Day Celebration Date: July 4, 2010.
Fireworks.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters off of
Umbrella Beach, Montauk, NY in
approximate position 41[deg]01'44'' N,
071[deg]57'13'' W. (NAD 83).
East Hampton Fire Department Date: September 4, 2010.
Fireworks.
Rain date: September 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters off of East
Hampton, NY in approximate position
40[deg]56'40.28'' N, 072[deg]11'21.26''
W (NAD 83).
Village of Island Park Labor Date: September 25, 2010.
Day Celebration Fireworks.
Rain date: September 26, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters off of
Village of Island Park Fishing Pier,
Village Beach, NY in approximate
position 40[deg]57'53.189'' N,
073[deg]03'9.72'' W (NAD 83).
Barnum Festival Fireworks.... Date: June 25, 2010.
Rain date: None.
Time: 8:30 pm to 10:30 pm.
[[Page 38930]]
Location: All waters of
Bridgeport Harbor, Bridgeport, CT. in
approximate position 41[deg]9'04'' N,
073[deg]12'49'' W (NAD 83).
Clam Shell Foundation Date: July 17, 2010.
Fireworks.
Rain date: July 18, 2010.
Time: 9:30 pm to 10:30 pm.
Location: All waters of Three
Mile Harbor, East Hampton, NY in
approximate position 41[deg]1'15.49'' N,
072[deg]11'27.50'' W (NAD 83).
Village of Bellport Date: August 7, 2010.
Centennial.
Rain date: August 8, 2010.
Time: 9:00 pm to 10:30 pm.
Location: All waters of Bellport
Bay, off Bellport Dock, Bellport, NY in
approximate position 40[deg]45'01.83''
N, 072[deg]55'50.43'' W (NAD 83).
Go 4th on the Bay............ Date: July 4, 2010.
Rain date: July 5, 2010.
Time: 9:00 pm to 10:30 pm.
Location: All waters of the
Great South Bay, off Davis Park, Island,
NY in approximate position
40[deg]41'04.01'' N, 073[deg]00'23.56''
W (NAD 83).
------------------------------------------------------------------------
Regatta Events: 200 Foot Safety Zone
------------------------------------------------------------------------
Riverfront Regatta........... Date: October 3, 2010.
Rain date: None.
Time: 08:30 am to 10:30 pm.
Location: Connecticut River,
Hartford, CT. None between the Putnum
Bridge 41[deg]42.87' N 072[deg]38.43' W
and the Riverside Boat House
41[deg]46.42' N 072[deg]39.83' W.
------------------------------------------------------------------------
Power Boat Races: 600 Foot Safety Zone
------------------------------------------------------------------------
Riverfront U.S. Title Series Date: September 3, 4, & 5, 2010.
Powerboat Race.
Rain date: None.
Time: 9:30 pm to 6:30 pm.
Location: Bank to bank on the
Connecticut River, Hartford, CT from
approximate position North 41*
45'53.47'' N/72* 39'55.77'' W to South
41* 45'37.39'' N/72* 39'47.49'' W (NAD
83).
Battle on the Bay Powerboat Date: August 21-22, 2010.
Race.
Rain date: None.
Time: 6:00 pm to 7:30 pm.
Location: Shorefront Park, Great
South Bay, Patchogue, NY from
approximate position: Beginning at a
point off Sand Spit Park, Patchogue, NY
at position 40[deg]44'45'' N,
073[deg]00'51'' W, then running south to
a point in Great South Bay at position
40[deg]43'46'' N, 073[deg]00'51'' W,
then running south east to position
40[deg]43'41'' N, 073[deg]00'20'' W,
then running north east to position
40[deg]43'54'' N, 072[deg]58'46'' W,
then east to position 40[deg]43'58'' N,
072[deg]57'32'' W, then east to position
40[deg]43'57'' N, 072[deg]56'49'' W,
then north to position 40[deg]44'18'' N,
072[deg]56'49'' W, then west to position
40[deg]44'18'' N, 072[deg]57'32'' W,
then north west to position
40[deg]44'30'' N, 072[deg]58'32'' W,
then north west to position
40[deg]44'33'' N, 072[deg]59'12'' W,
then north west to position
40[deg]44'41'' N, 072[deg]59'51'' W,
then north west to position
40[deg]44'46'' N, 073[deg]00'04'' W, and
then closing the zone at position
40[deg]44'45'' N, 073[deg]00'51'' W (NAD
83).
------------------------------------------------------------------------
As large numbers of spectator vessels are expected to congregate
around the location of these events, the regulated areas are needed to
protect both spectators and participants from the safety hazards
created by the event. During the enforcement period of the regulated
areas, persons and vessels are prohibited from entering, transiting
through, remaining, anchoring or mooring within the zone unless
specifically authorized by the COTP or his designated representatives.
The Coast Guard may be assisted by other federal, state and local
agencies in the enforcement of these regulated areas.
The Coast Guard determined that these regulated areas will not have
a significant impact on vessel traffic due to their temporary nature
and limited size and the fact that vessels are allowed to transit the
navigable waters outside of the regulated areas.
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.
Regulatory Analyses
We developed this interim rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: The regulated areas will
be of limited duration, they cover only a small portion of the
navigable waterways, and the events are designed to avoid, to the
extent possible, deep draft, fishing, and recreational boating traffic
routes. In addition, vessels requiring entry into the area of the
regulated areas may be authorized to do so by the Captain of the Port.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a
[[Page 38931]]
significant economic impact on a substantial number of small entities.
The term ``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit or anchor in the designated regulated area during the
enforcement periods stated for each event in the List of Subjects.
The safety zones will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
regulated areas 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 regulated areas.
Additionally, before the effective period, the Coast Guard will issue
notice of the time and location of each regulated area through a Local
Notice to Mariners and Broadcast Notice to Mariners.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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.
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.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g) and
(h), of the Instruction. This rule involves establishing safety zones.
An environmental analysis checklist and a categorical exclusion
determination are available in the
[[Page 38932]]
docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
0
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. 1226, 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.T01-0505 to read as follows:
Sec. 165.T01-0505 Safety Zones; Marine Events within the Captain of
the Port Sector Long Island Sound Area of Responsibility, June through
September.
(a) Safety Zones. The following areas are designated safety zones:
(1) Locations. The locations for each safety zone are provided in
the below EVENTS TABLE. For all events listed in the EVENTS TABLE
below, the safety zones for firework displays includes all navigable
waters within a 1000 foot radius of the fireworks launch site; all
navigable waters within a 200 foot radius of all regattas; and for all
power boat races, the safety zone includes all navigable waters within
a 600 foot radius around the designated race course.
Firework Displays: 1,000 Foot Safety Zone
------------------------------------------------------------------------
------------------------------------------------------------------------
Shelter Island Fireworks..... Date: July 10, 2010.
Rain date: July 11, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Gardiner
Bay off East Beach, Shelter Island, NY
in approximate position
41[deg]04[min]39.11[sec] N,
072[deg]22[min]01.07[sec] W (NAD 83).
Mason's Island Yacht Club Date: July 4, 2010.
Fireworks.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Fisher's
Island Sound, Noank, CT in approximate
position 41[deg]19[min]31.00[sec] N,
071[deg]57[min]48.00[sec] W (NAD 83).
Centerport Fire Department Date: July 4, 2010.
Fireworks.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Mill
Pond, Centerport, NY in approximate
position 40[deg]54[min]18.00[sec] N,
073[deg]22[min]40.00[sec] W (NAD 83).
City of Long Beach Fireworks. Date: July 9, 2010.
Rain date: July 10, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of the
Atlantic Ocean off Riverside Blvd., City
of Long Beach, NY in approximate
position 40[deg]34[min]38.77[sec] N,
073[deg]39[min]41.32[sec] W (NAD 83).
Town of Babylon Fireworks.... Date: August 28, 2010.
Rain date: August 29, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters off of
Cedar Beach Town Park, Babylon, NY in
approximate position
40[deg]37[min]53[sec] N,
073[deg]20[min]12[sec] W (NAD 83).
Village of Quoque Foundering Date: July 4, 2010.
Anniversary Fireworks.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Quantuck
Bay, Quoque, NY in approximate position
40[deg]48[min]42.99[sec] N,
072[deg]37[min]20.20[sec] W (NAD 83).
CDM Chamber of Commerce Date: July 4, 2010.
Annual Music Fest Fireworks.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters off of
Cedar Beach Town Park, Mount Sinai, NY
in approximate position
40[deg]57[min]54.02[sec] N,
073[deg]01[min]57.52[sec] W (NAD 83).
Cancer Center for Kids Date: July 3, 2010.
Fireworks.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters off of
Bayville, NY in approximate position
40[deg]55[min]19.38[sec] N,
073[deg]03[min] 40.41[sec] W (NAD 83).
Lawrence Beach Club Fireworks Date: July 3, 2010.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of the
Atlantic Ocean off Lawrence Beach Club,
Atlantic Beach, NY in approximate
position 40[deg]34[min]42.65[sec] N,
073[deg]42[min]56.02[sec] W (NAD 83).
Sag Harbor Fireworks......... Date: July 3, 2010.
Rain date: July 4, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Sag
Harbor Bay off Havens Beach, Sag Harbor,
NY in approximate position
41[deg]00[min]13.03[sec] N,
072[deg]17[min]26.07[sec] W (NAD 83).
Point O'Woods Fire Company Date: July 2, 2010.
Summer Fireworks.
Rain date: July 4, 2010.
Time: 8:30 pm to 10:30 pm.
[[Page 38933]]
Location: All waters of the
Great South Bay, Point O'Woods, NY in
approximate position
40[deg]39[min]54[sec] N,
073[deg]07[min]47.3[sec] W (NAD 83).
Village of Port Jefferson Date: July 4, 2010.
Fourth of July Celebration
Fireworks.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Port
Jefferson Harbor off East Beach, NY in
approximate position
40[deg]57[min]53.189[sec] N,
073[deg]03[min]9.72[sec] W (NAD 83).
Town of North Hempstead Bar Date: July 17, 2010.
Beach Fireworks.
Rain date: July 18, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of
Hempstead Harbor off Bar Beach, North
Hempstead, NY in approximate position
40[deg]49[min]54[sec] N,
073[deg]39[min]14[sec] W (NAD 83).
Port Washington Sons of Italy Date: August 7, 2010.
Fireworks.
Rain date: August 8, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of
Hempstead Harbor off Bar Beach, North
Hempstead, NY in approximate position
40[deg]49[min]48.04[sec] N,
073[deg]39[min]24.32[sec] W (NAD 83).
Pyro-FX Entertainment Group Date: August 7, 2010.
Fireworks.
Rain date: August 8, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of the
Connecticut River off Chester, CT in
approximate position
41[deg]23[min]18[sec] N,
072[deg]25[min]36[sec] W (NAD 83).
The Creek Fireworks.......... Date: September 4, 2010.
Rain date:
Time: 8:30 pm to 10:30 pm.
Location: All waters of Long
Island Sound off of The Creek Club,
Lattingtown, NY in approximate position
40[deg]54[min]13[sec] N,
073[deg]35[min]58[sec] W (NAD 83).
Town of Islip Labor Day Date: September 25, 2010.
Fireworks.
Rain date: September 26, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Great
South Bay off Bay Shore Marina, Islip,
NY in approximate position
40[deg]42[min]39[sec] N,
073[deg]14[min]12[sec] W (NAD 83).
Great South Bay Music Date: July 9, 2010.
Festival Fireworks.
Rain date: July 10, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters of Great
South Bay, off Bay Avenue, Patchogue, NY
in approximate position
40[deg]44[min]45[sec] N,
073[deg]00[min]25[sec] W (NAD 83).
Fund in the Sun Fireworks.... Date: July 4, 2010.
Rain date: None.
Time: 8:30 pm to 10:30 pm.
Location: All waters of the
Great South bay off The Pines, East Fire
Island, NY in approximate position
40[deg]40[min]07.43[sec] N,
073[deg]04[min]13.88[sec] W (NAD 83).
Independence Day Celebration Date: July 4, 2010.
Fireworks.
Rain date: July 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters off of
Umbrella Beach, Montauk, NY in
approximate position
41[deg]01[min]44[sec] N,
071[deg]57[min]13[sec] W (NAD 83).
East Hampton Fire Department Date: September 4, 2010.
Fireworks.
Rain date: September 5, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters off of East
Hampton, NY in approximate position
40[deg]56[min]40.28[sec] N,
072[deg]11[min]21.26[sec] W (NAD 83).
Village of Island Park Labor Date: September 25, 2010.
Day Celebration Fireworks.
Rain date: September 26, 2010.
Time: 8:30 pm to 10:30 pm.
Location: All waters off of
Village of Island Park Fishing Pier,
Village Beach, NY in approximate
position 40[deg]57[min]53.189[sec] N,
073[deg]03[min]9.72[sec] W (NAD 83).
Barnum Festival Fireworks.... Date: June 25, 2010.
Rain date: None.
Time: 8:30 pm to 10:30 pm.
Location: All waters of
Bridgeport Harbor, Bridgeport, CT. in
approximate position
41[deg]9[min]04[sec] N,
073[deg]12[min]49[sec] W (NAD 83).
Clam Shell Foundation Date: July 17, 2010.
Fireworks.
Rain date: July 18, 2010.
Time: 9:30 pm to 10:30 pm.
Location: All waters of Three
Mile Harbor, East Hampton, NY in
approximate position
41[deg]1[min]15.49[sec] N,
072[deg]11[min]27.50[sec] W (NAD 83).
Village of Bellport Date: August 7, 2010.
Centennial.
Rain date: August 8, 2010.
Time: 9:00 pm to 10:30 pm.
Location: All waters of Bellport
Bay, off Bellport Dock, Bellport, NY in
approximate position
40[deg]45[min]01.83[sec] N,
072[deg]55[min]50.43[sec] W (NAD 83).
[[Page 38934]]
Go 4th on the Bay............ Date: July 4, 2010.
Rain date: July 5, 2010.
Time: 9:00 pm to 10:30 pm.
Location: All waters of the
Great South Bay, off Davis Park, Island,
NY in approximate position
40[deg]41[min]04.01[sec] N,
073[deg]00[min]23.56[sec] W (NAD 83).
------------------------------------------------------------------------
Power Boat Races: 600 Foot Safety Zone
------------------------------------------------------------------------
Riverfront US Title Series Date: September 3, 4 & 5, 2010.
Powerboat Race.
Rain date: None.
Time: 9:30 pm to 6:30 pm.
Location: Bank to bank on the
Connecticut River, Hartford, CT from
approximate position North 41*
45[min]53.47[sec] N/72*
39[min]55.77[sec] W to South 41*
45[min]37.39[sec] N/72*
39[min]47.49[sec] W (NAD 83).
Battle on the Bay Powerboat Date: August 21-22, 2010.
Race.
Rain date: None.
Time: 6:00 pm to 7:30 pm.
Location: Shorefront Park, Great
South Bay, Patchogue, NY. from
approximate position: Beginning at a
point off Sand Spit Park, Patchogue, NY
at position 40[deg]44[min]45[sec] N,
073[deg]00[min]51[sec] W, then running
south to a point in Great South Bay at
position 40[deg]43[min]46[sec] N,
073[deg]00[min]51[sec] W, then running
south east to position
40[deg]43[min]41[sec] N,
073[deg]00[min]20[sec] W, then running
north east to position
40[deg]43[min]54[sec] N,
072[deg]58[min]46[sec] W, then east to
position 40[deg]43[min]58[sec] N,
072[deg]57[min]32[sec] W, then east to
position 40[deg]43[min]57[sec] N,
072[deg]56[min]49[sec] W, then north to
position 40[deg]44[min]18[sec] N,
072[deg]56[min]49[sec] W, then west to
position 40[deg]44[min]18[sec] N,
072[deg]57[min]32[sec] W, then north
west to position 40[deg]44[min]30[sec]
N, 072[deg]58[min]32[sec] W, then north
west to position 40[deg]44[min]33[sec]
N, 072[deg]59[min]12[sec] W, then north
west to position 40[deg]44[min]41[sec]
N, 072[deg]59[min]51[sec] W, then north
west to position 40[deg]44[min]46[sec]
N, 073[deg]00[min]04[sec] W, and then
closing the zone at position
40[deg]44[min]45[sec] N,
073[deg]00[min]51[sec] W (NAD 83).
------------------------------------------------------------------------
Regatta Events: 200 Foot Safety Zone
------------------------------------------------------------------------
Riverfront Regatta........... Date: October 3, 2010.
Rain date: None.
Time: 08:30 am to 10:30 pm.
Location: Connecticut River,
Hartford, CT. None between the Putnum
Bridge 41[deg]42.87[min] N
072[deg]38.43[min] W and the Riverside
Boat House 41[deg]46.42[min] N
072[deg]39.83[min] W.
------------------------------------------------------------------------
(b) Notification. Coast Guard Sector Long Island Sound will cause
notice of the enforcement of these temporary safety zones to be made by
all appropriate means to affect the widest publicity among the effected
segments of the public, including publication in the Local Notice to
Mariners and Broadcast Notice to Mariners.
(c) Enforcement Period. This section will be enforced for the
duration of each event indicated in the table above. If the event is
cancelled due to inclement weather, this section is in effect during
the rain date indicated in the table above or as indicated in the Local
Notice to Mariners. Notification of events held on a rain date will be
made by Broadcast Notice to Mariners.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply. During the enforcement period, entry into, transiting
through, remaining, mooring or anchoring within these safety zones is
prohibited unless authorized by the Captain of the Port or his
designated representatives.
(2) These temporary safety zones are closed to all vessel traffic,
except as may be permitted by the Captain of the Port or his designated
representatives. Vessel operators given permission to enter or operate
in the safety zones must comply with all directions given to them by
the Captain of the Port or his designated representatives. Vessels that
are granted permission to enter or remain within a safety zone may be
required to be at anchor or moored to a waterfront facility such that
the vessel's location will not interfere with the progress of the
event. At all times when a vessel has been granted permission to enter
within a safety zone, it shall endeavor to maintain at least 50 yards
distance from any event participant unless otherwise directed.
(3) The ``designated representative'' is any Coast Guard
commissioned, warrant or petty officer who has been designated by the
Captain of the Port to act on his behalf. The on-scene representative
may be on a Coast Guard vessel, a state or local law enforcement
vessel, or other designated craft, 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.
(4) Vessel operators desiring to enter or operate within the safety
zones shall request permission to do so by contacting the Captain of
the Port Sector Long Island Sound at 203-468-4404, or via VHF Channel
16.
(5) The Captain of the Port or his designated representative may
direct the delay, cancellation, or relocation of the specific area to
be regulated within the generally described locations listed in the
EVENTS TABLE above to ensure safety and compliance with environmental
laws. Such changes in implementation of the safety zones may be
required as a result of factors that could affect their associated
marine events such as weather, vessel traffic density, spectator
activities, participant behavior or potential environmental impacts.
Dated: June 21, 2010.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2010-16373 Filed 7-6-10; 8:45 am]
BILLING CODE 9110-04-P
