Safety Zones; Marine Events in Captain of the Port Long Island Sound Zone, 34855-34859 [2011-14828]

Download as PDF Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations granted permission to enter the safety zone shall obey all lawful orders or directions of the Captain of the Port, Sector Lake Michigan, or his or her onscene representative. While within a safety zone, all vessels shall operate at the minimum speed necessary to maintain a safe course. This notice is issued under authority of 33 CFR 165.931 and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with advance notification of these enforcement periods via broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port, Sector Lake Michigan, will issue a Broadcast Notice to Mariners notifying the public when enforcement of the safety zone established by this section is suspended. If the Captain of the Port, Sector Lake Michigan, determines that the safety zone need not be enforced for the full duration stated in this notice, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the safety zone. The Captain of the Port, Sector Lake Michigan, or his or her onscene representative may be contacted via VHF Channel 16. Dated: June 3, 2011. L. Barndt, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. [FR Doc. 2011–14829 Filed 6–14–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2011–0470] RIN 1625–AA00 Safety Zones; Marine Events in Captain of the Port Long Island Sound Zone Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing 17 temporary safety zones for marine events within the Captain of the Port (COTP) Long Island Sound Zone for 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. WReier-Aviles on DSKGBLS3C1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:05 Jun 14, 2011 Jkt 223001 This rule is effective in the CFR on June 15, 2011 through 10:30 p.m. on July 16, 2011. This rule is effective with actual notice for purposes of enforcement beginning at 8:30 p.m. on June 11, 2011. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2011– 0470 and are available online by going to http://www.regulations.gov, inserting USCG–2011–0470 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ They are also available for inspection or copying at the 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or e-mail Petty Officer Joseph Graun, Prevention Department, Coast Guard Sector Long Island Sound, (203) 468–4544, joseph.l.graun@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: DATES: Regulatory 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 any delay encountered in this regulation’s effective date by publishing a NPRM would be contrary to public interest since immediate action is needed to provide for the safety of life and property on navigable waters from the hazardous nature of fireworks including unexpected detonation and burning debris. We spoke with each event sponsor and each indicated they were unable and unwilling to move their event date to a later time for the following reasons. Sponsors for Sag Harbor, Mason’s Island Yacht Club, Lawrence Beach Club, Cancer Center for Kids, Barnum Festival, Devon Yacht Club, Independence Day Celebration, Go 4th on the Bay, Dolan Family Fourth, PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 34855 City of Long Beach, Shelter Island, Point O’Woods Fire Company, South Bay Go 4th on the Bay Davis Park, North Bay Go 4th on the Bay, and Montauk Yacht Club Independence Day fireworks displays stated they are unwilling to reschedule these events because they are held in conjunction with the Fourth of July holiday and various holiday festivities. Many community members have made holiday plans based on these fireworks events, changing the date would cause numerous cancelations and hurt small businesses. Rescheduling would not be a viable option because most event venues, entertainers and venders have fully booked summer schedules making rescheduling nearly impossible. These fireworks displays are all reoccurring marine events with a proposed permanent rule currently in a public comment period under docket number USCG–2008–0384 titled, Special Local Regulations; Safety and Security Zones; Recurring Events in Captain of the Port Long Island Sound Zone. Additionally, the Coast Guard has ordered safety zones or special local regulations for all of these areas for past events and has not received public comments or concerns regarding the impact to waterway traffic from those events. The sponsor of the Claim Shell Foundation Fireworks stated they are unwilling to reschedule their event due to other activities being held in conjunction with their fireworks display, including a large community fund raising festival and many festivals put on by local small businesses. Many community members have made plans based on these events and changing the date would cause numerous cancelations and hurt small businesses. This event is a reoccurring marine events with a proposed permanent rule currently in a public comment period under docket number USCG–2008–0384 titled, Special Local Regulations; Safety and Security Zones; Recurring Events in Captain of the Port Long Island Sound Zone. Additionally, the Coast Guard has ordered safety zones or special local regulations for this area for past events and has not received public comments or concerns regarding the impact to waterway traffic from events. The sponsor for the Chezzam Entertainment Group Fireworks was not aware of the requirements for submitting a marine event application 135 days in advance resulting in a late notification to the Coast Guard. The sponsor is now aware of this for future events. It is not viable for the sponsor to reschedule the event due to other activities being held in conjunction with their fireworks display, including a E:\FR\FM\15JNR1.SGM 15JNR1 34856 Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations birthday party celebration involving many out of town guests. 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. 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 hazardous nature of fireworks including unexpected detonation and burning debris. WReier-Aviles on DSKGBLS3C1PROD with RULES Basis and Purpose The legal basis for the temporary rule is 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; Public Law 107–295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to define safety zones. Marine events are frequently held on the navigable waters within the COTP Long Island Sound Zone. Based on accidents that have occurred in other Captain of the Port zones, and the explosive hazards of fireworks, the COTP Long Island has determined that fireworks launches proximate to watercrafts pose significant risk to public safety and property. The combination of increased numbers of recreation vessels, congested waterways, darkness punctuated by bright flashes of light, and debris falling into the water has the potential to result in serious injuries or fatalities. In order to protect the safety of all waterway users including event participants and spectators, this temporary rule establishes temporary 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 COTP, or designated on-scene patrol personnel. Discussion of Rule This temporary rule creates safety zones for all navigable waters within a 1000 foot zone around each firework displays. These events are listed below in the text of the regulation. Because 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 fireworks displays including unexpected detonation and burning debris. During VerDate Mar<15>2010 15:05 Jun 14, 2011 Jkt 223001 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. Additionally, The Coast Guard has ordered safety zones or special local regulations for all of these 17 areas for past events and has not received public comments or concerns regarding the impact to waterway traffic from events. 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 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. Executive Order 12866 and Executive Order 13563 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, 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 significant economic impact on a substantial number of small entities. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 temporary 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. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 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). E:\FR\FM\15JNR1.SGM 15JNR1 Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations 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 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 effect 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. WReier-Aviles on DSKGBLS3C1PROD with RULES 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 VerDate Mar<15>2010 15:05 Jun 14, 2011 Jkt 223001 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. 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 establishment of temporary safety zones. An environmental analysis checklist and a categorical exclusion determination are available in the 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. Fmt 4700 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. Chapters 701, 3306, 3703; 33 CFR 1.05–1 and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T01–0470 to read as follows: 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. Frm 00013 For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: ■ Technical Standards PO 00000 34857 Sfmt 4700 § 165.T01–0470 Safety Zones; Maine Events in Captain of the Port Long Island Sound Zone (a) Regulations. The general regulations contained in 33 CFR 165.23 as well as the following regulations apply to the fireworks displays listed in TABLE 1 of T01–0470. These regulations will be enforced for the duration of each event. Notifications of exact dates and times of the enforcement period will be made to the local maritime community through the Local Notice to Mariners and Broadcast Notice to Mariners. First Coast Guard District Local Notice to Mariners can be found at http://www.navcen.uscg.gov/. (b) Definitions. The following definitions apply to this section: (1) 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 Captain of the Port, Sector Long Island Sound (COTP), to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF–FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. (2) 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. (3) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels. (c) Vessel operators desiring to enter or operate within the regulated areas should contact the COTP or the designated representative via VHF channel 16 to obtain permission to do so. (d) Spectators or other vessels shall not anchor, block, loiter, or impede the transit of event participants or official patrol vessels in the regulated areas during the effective dates and times, or E:\FR\FM\15JNR1.SGM 15JNR1 34858 Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations dates and times as modified through the Local Notice to Mariners, unless authorized by COTP or designated representative. (e) 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. (f) The COTP or designated representative may delay or terminate any marine event in this subpart at any time it is deemed necessary to ensure the safety of life or property. (g) The regulated area for all fireworks displays listed in TABLE 1 of T01–0470 is that area of navigable waters within a 1000 foot radius of the launch platform or launch site for each fireworks display. (h) Fireworks barges used in these locations will also 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. Shore sites used in these locations will display a sign labeled ‘‘FIREWORKS—STAY AWAY’’ with the same dimensions. TABLE 1 OF T01–0470 6 6.1 June Chezzam Entertainment Group Fireworks Display ......................... • Date: June 11, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: All water of Great South Bay, Ocean Bay Park, NY in approximate position 40°39′06.45″ N, 073°8′45.26″ W (NAD 83). 7 July Sag Harbor Fireworks ...................................................................... • Date: July 2, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Sag Harbor Bay off Havens Beach, Sag Harbor, NY in approximate position 41°00′26″ N, 072°17′9″ W (NAD 83). 7.2 Mason’s Island Yacht Club Fireworks ............................................. • • • • 7.3 Lawrence Beach Club Fireworks ..................................................... • Date: July 2, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: 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). 7.4 Cancer Center for Kids Fireworks ................................................... • Date: July 2, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Long Island Sound, Bayville, NY in approximate position 40°54′38.20″ N, 073°34′56.88″ W (NAD 83). 7.5 Barnum Festival Fireworks .............................................................. • • • • 7.6 Devon Yacht Club ............................................................................ • Date: July 3, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Water of Napeague Bay, Block Island Sound, Amagansett, NY in approximate position 40°59′41.4″ N, 072°6′8.7″ W (NAD 83). 7.7 Independence Day Celebration Fireworks ...................................... • • • • 7.8 WReier-Aviles on DSKGBLS3C1PROD with RULES 7.1 Go 4th on the Bay ........................................................................... • Date: July 4, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Water of the Great South Bay, Blue Point, NY in approximate position 40°44′06.28″ N, 073°01′02.50″ W (NAD 83). 7.9 Dolan Family Fourth ........................................................................ • Date: July 4, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Water of Long Island Sound, Oyster Bay Harbor, Oyster Bay, NY in approximate position 40°53′42.50″ N, 073°30′04.30″ W (NAD 83). VerDate Mar<15>2010 15:05 Jun 14, 2011 Jkt 223001 PO 00000 Frm 00014 Fmt 4700 Date: July 2, 2011. Rain date: July 3, 2011. Time: 8:30 p.m. to 10:30 p.m. Location: Waters of Fisher’s Island Sound, Noank, CT in approximate position 41°19′30.61″ N, 071°57′48.22″ W (NAD 83). Date: July 3, 2011. Rain Date: following day. Time: 8:30 p.m. to 10:30 p.m. Location: Waters of Bridgeport Harbor, Bridgeport, CT in approximate position 41°9′04″ N, 073°12′49″ W (NAD 83). Date: July 4, 2011. Rain date: July 5, 2011. Time: 8:30 p.m. to 10:30 p.m. Location: Waters of Atlantic Ocean off Umbrella Beach, Montauk, NY in approximate position 41°01′44″ N, 071°57′13″ W (NAD 83). Sfmt 4700 E:\FR\FM\15JNR1.SGM 15JNR1 Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations 34859 TABLE 1 OF T01–0470—Continued 7.10 City of Long Beach Fireworks ....................................................... • Date: July 4, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters off Riverside Blvd, City of Long Beach, NY in approximate position 40°34′38.77″ N, 073°39′41.32″ W (NAD 83). 7.11 Shelter Island Fireworks ................................................................ • Date: July 4, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Gardiner Bay, Shelter Island, NY in approximate position 41°04′39.11″ N, 072°22′01.07″ W (NAD 83). 7.12 Point O’Woods Fire Company Summer Fireworks ....................... • • • • Date: July 3, 2011. Rain date: July 4, 2011. Time: 8:30 p.m. to 10:30 p.m. Location: Waters of the Great South Bay, Point O’Woods, NY in approximate position 40°39′18.57″ N, 073°08′5.73″ W (NAD 83). 7.13 South Bay Go 4th on the Bay Davis Park Fireworks .................... • • • • Date: July 4, 2011. Rain date: July 5, 2011. Time: 8:30 p.m. to 10:30 p.m. Location: Waters of the Great South Bay, Davis Park, NY in approximate position, 40°41′38.23″ N, 073°00′21.54″ W (NAD 83). 7.14 North Bay Go 4th on the Bay Fireworks ....................................... • • • • Date: July 4, 2011. Rain date: July 5, 2011. Time: 8:30 p.m. to 10:30 p.m. Location: Waters of the Great South Bay, Blue Point, NY in approximate position, 40°44′06.28″ N, 073°01′02.50″ W (NAD 83). 7.15 Montauk Yacht Club Independence Day Fireworks ...................... • • • • Date: July 2, 2011. Rain date: July 3, 2011. Time: 8:30 p.m. to 10:30 p.m. Location: Waters of Lake Montauk, Montauk, NY in approximate position, 41°03′58.80″ N, 071°55′42.83″ W (NAD 83). 7.16 Clam Shell Fireworks ..................................................................... • • • • Date: July 16, 2011. Rain date: July 17, 2011. Time: 8:30 p.m. to 10:30 p.m. Location: Waters of Three Mile Harbor, East Hampton, NY in approximate position, 41°01′14.58″ N, 072°11′11.38″ W (NAD 83). Dated: June 3, 2011. J.M. Vojvodich, Captain, U. S. Coast Guard, Captain of the Port Sector Long Island Sound. [FR Doc. 2011–14828 Filed 6–14–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2011–0438] RIN 1625–AA00 WReier-Aviles on DSKGBLS3C1PROD with RULES Safety Zone; Augusta Southern Nationals Drag Boat Race, Savannah River, Augusta, GA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the waters of the Savannah River in Augusta, Georgia during the Augusta Southern Nationals Drag Boat Race. The SUMMARY: VerDate Mar<15>2010 15:05 Jun 14, 2011 Jkt 223001 Augusta Southern Nationals Drag Boat Race will consist of a series of highspeed boat races. The event is scheduled to take place from Thursday, July 14, 2011 through Sunday, July 18, 2011. The temporary safety zone is necessary for the safety of race participants, participant vessels, spectators, and the general public during the event. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Savannah or a designated representative. DATES: This rule is effective from 6 a.m. on July 14, 2011 through 8 p.m. on July 18, 2011. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2011– 0438 and are available online by going to http://www.regulations.gov, inserting USCG–2011–0438 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ They are also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 Floor, Room W12–140, 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 temporary final rule, call or e-mail Lieutenant Junior Grade Deidre R. Harrison, Marine Safety Unit Savannah, Coast Guard; telephone 912–652–4353, e-mail Deidre.R.Harrison@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Regulatory 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 E:\FR\FM\15JNR1.SGM 15JNR1

Agencies

[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Rules and Regulations]
[Pages 34855-34859]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14828]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0470]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 17 temporary safety zones for 
marine events within the Captain of the Port (COTP) Long Island Sound 
Zone for 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 in the CFR on June 15, 2011 through 10:30 
p.m. on July 16, 2011. This rule is effective with actual notice for 
purposes of enforcement beginning at 8:30 p.m. on June 11, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0470 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0470 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Petty Officer Joseph Graun, Prevention 
Department, Coast Guard Sector Long Island Sound, (203) 468-4544, 
joseph.l.graun@uscg.mil. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory 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 any delay encountered in this 
regulation's effective date by publishing a NPRM would be contrary to 
public interest since immediate action is needed to provide for the 
safety of life and property on navigable waters from the hazardous 
nature of fireworks including unexpected detonation and burning debris. 
We spoke with each event sponsor and each indicated they were unable 
and unwilling to move their event date to a later time for the 
following reasons. Sponsors for Sag Harbor, Mason's Island Yacht Club, 
Lawrence Beach Club, Cancer Center for Kids, Barnum Festival, Devon 
Yacht Club, Independence Day Celebration, Go 4th on the Bay, Dolan 
Family Fourth, City of Long Beach, Shelter Island, Point O'Woods Fire 
Company, South Bay Go 4th on the Bay Davis Park, North Bay Go 4th on 
the Bay, and Montauk Yacht Club Independence Day fireworks displays 
stated they are unwilling to reschedule these events because they are 
held in conjunction with the Fourth of July holiday and various holiday 
festivities. Many community members have made holiday plans based on 
these fireworks events, changing the date would cause numerous 
cancelations and hurt small businesses. Rescheduling would not be a 
viable option because most event venues, entertainers and venders have 
fully booked summer schedules making rescheduling nearly impossible. 
These fireworks displays are all reoccurring marine events with a 
proposed permanent rule currently in a public comment period under 
docket number USCG-2008-0384 titled, Special Local Regulations; Safety 
and Security Zones; Recurring Events in Captain of the Port Long Island 
Sound Zone. Additionally, the Coast Guard has ordered safety zones or 
special local regulations for all of these areas for past events and 
has not received public comments or concerns regarding the impact to 
waterway traffic from those events.
    The sponsor of the Claim Shell Foundation Fireworks stated they are 
unwilling to reschedule their event due to other activities being held 
in conjunction with their fireworks display, including a large 
community fund raising festival and many festivals put on by local 
small businesses. Many community members have made plans based on these 
events and changing the date would cause numerous cancelations and hurt 
small businesses. This event is a reoccurring marine events with a 
proposed permanent rule currently in a public comment period under 
docket number USCG-2008-0384 titled, Special Local Regulations; Safety 
and Security Zones; Recurring Events in Captain of the Port Long Island 
Sound Zone. Additionally, the Coast Guard has ordered safety zones or 
special local regulations for this area for past events and has not 
received public comments or concerns regarding the impact to waterway 
traffic from events.
    The sponsor for the Chezzam Entertainment Group Fireworks was not 
aware of the requirements for submitting a marine event application 135 
days in advance resulting in a late notification to the Coast Guard. 
The sponsor is now aware of this for future events. It is not viable 
for the sponsor to reschedule the event due to other activities being 
held in conjunction with their fireworks display, including a

[[Page 34856]]

birthday party celebration involving many out of town guests.
    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. 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 hazardous nature of fireworks including 
unexpected detonation and burning debris.

Basis and Purpose

    The legal basis for the temporary rule is 33 U.S.C. 1226, 1231; 46 
U.S.C. Chapter 701, 3306, 3703; Public Law 107-295, 116 Stat. 2064; and 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to define safety zones.
    Marine events are frequently held on the navigable waters within 
the COTP Long Island Sound Zone. Based on accidents that have occurred 
in other Captain of the Port zones, and the explosive hazards of 
fireworks, the COTP Long Island has determined that fireworks launches 
proximate to watercrafts pose significant risk to public safety and 
property. The combination of increased numbers of recreation vessels, 
congested waterways, darkness punctuated by bright flashes of light, 
and debris falling into the water has the potential to result in 
serious injuries or fatalities. In order to protect the safety of all 
waterway users including event participants and spectators, this 
temporary rule establishes temporary 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 COTP, or 
designated on-scene patrol personnel.

Discussion of Rule

    This temporary rule creates safety zones for all navigable waters 
within a 1000 foot zone around each firework displays. These events are 
listed below in the text of the regulation.
    Because 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 fireworks displays including unexpected detonation 
and burning debris. 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. Additionally, The 
Coast Guard has ordered safety zones or special local regulations for 
all of these 17 areas for past events and has not received public 
comments or concerns regarding the impact to waterway traffic from 
events.
    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 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.

Executive Order 12866 and Executive Order 13563

    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, 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 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 temporary 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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).

[[Page 34857]]

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 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 effect 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 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 establishment of 
temporary safety zones. An environmental analysis checklist and a 
categorical exclusion determination are available in the 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:

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; 33 CFR 1.05-1 and 160.5; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T01-0470 to read as follows:


Sec.  165.T01-0470  Safety Zones; Maine Events in Captain of the Port 
Long Island Sound Zone

    (a) Regulations.
    The general regulations contained in 33 CFR 165.23 as well as the 
following regulations apply to the fireworks displays listed in TABLE 1 
of T01-0470.
    These regulations will be enforced for the duration of each event. 
Notifications of exact dates and times of the enforcement period will 
be made to the local maritime community through the Local Notice to 
Mariners and Broadcast Notice to Mariners. First Coast Guard District 
Local Notice to Mariners can be found at http://www.navcen.uscg.gov/.
    (b) Definitions. The following definitions apply to this section:
    (1) 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 Captain of the Port, Sector 
Long Island Sound (COTP), to act on his or her behalf. The designated 
representative may be on an official patrol vessel or may be on shore 
and will communicate with vessels via VHF-FM radio or loudhailer. In 
addition, members of the Coast Guard Auxiliary may be present to inform 
vessel operators of this regulation.
    (2) 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.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (c) Vessel operators desiring to enter or operate within the 
regulated areas should contact the COTP or the designated 
representative via VHF channel 16 to obtain permission to do so.
    (d) Spectators or other vessels shall not anchor, block, loiter, or 
impede the transit of event participants or official patrol vessels in 
the regulated areas during the effective dates and times, or

[[Page 34858]]

dates and times as modified through the Local Notice to Mariners, 
unless authorized by COTP or designated representative.
    (e) 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.
    (f) The COTP or designated representative may delay or terminate 
any marine event in this subpart at any time it is deemed necessary to 
ensure the safety of life or property.
    (g) The regulated area for all fireworks displays listed in TABLE 1 
of T01-0470 is that area of navigable waters within a 1000 foot radius 
of the launch platform or launch site for each fireworks display.
    (h) Fireworks barges used in these locations will also 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. Shore sites used in these locations will display a 
sign labeled ``FIREWORKS--STAY AWAY'' with the same dimensions.

                           Table 1 of T01-0470
------------------------------------------------------------------------
 
------------------------------------------------------------------------
6                                                      June
------------------------------------------------------------------------
6.1 Chezzam Entertainment Group           Date: June 11, 2011.
 Fireworks Display.                       Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All water of
                                          Great South Bay, Ocean Bay
                                          Park, NY in approximate
                                          position 40[deg]39'06.45'' N,
                                          073[deg]8'45.26'' W (NAD 83).
------------------------------------------------------------------------
7                                                      July
------------------------------------------------------------------------
7.1 Sag Harbor Fireworks...............   Date: July 2, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Sag Harbor Bay off Havens
                                          Beach, Sag Harbor, NY in
                                          approximate position
                                          41[deg]00'26'' N,
                                          072[deg]17'9'' W (NAD 83).
------------------------------------------------------------------------
7.2 Mason's Island Yacht Club Fireworks   Date: July 2, 2011.
                                          Rain date: July 3,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Fisher's Island Sound, Noank,
                                          CT in approximate position
                                          41[deg]19'30.61'' N,
                                          071[deg]57'48.22'' W (NAD 83).
------------------------------------------------------------------------
7.3 Lawrence Beach Club Fireworks......   Date: July 2, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: 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).
------------------------------------------------------------------------
7.4 Cancer Center for Kids Fireworks...   Date: July 2, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Long Island Sound, Bayville,
                                          NY in approximate position
                                          40[deg]54'38.20'' N,
                                          073[deg]34'56.88'' W (NAD 83).
------------------------------------------------------------------------
7.5 Barnum Festival Fireworks..........   Date: July 3, 2011.
                                          Rain Date: following
                                          day.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Bridgeport Harbor, Bridgeport,
                                          CT in approximate position
                                          41[deg]9'04'' N,
                                          073[deg]12'49'' W (NAD 83).
------------------------------------------------------------------------
7.6 Devon Yacht Club...................   Date: July 3, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Water of
                                          Napeague Bay, Block Island
                                          Sound, Amagansett, NY in
                                          approximate position
                                          40[deg]59'41.4'' N,
                                          072[deg]6'8.7'' W (NAD 83).
------------------------------------------------------------------------
7.7 Independence Day Celebration          Date: July 4, 2011.
 Fireworks.                               Rain date: July 5,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Atlantic Ocean off Umbrella
                                          Beach, Montauk, NY in
                                          approximate position
                                          41[deg]01'44'' N,
                                          071[deg]57'13'' W (NAD 83).
------------------------------------------------------------------------
7.8 Go 4th on the Bay..................   Date: July 4, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Water of the
                                          Great South Bay, Blue Point,
                                          NY in approximate position
                                          40[deg]44'06.28'' N,
                                          073[deg]01'02.50'' W (NAD 83).
------------------------------------------------------------------------
7.9 Dolan Family Fourth................   Date: July 4, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Water of
                                          Long Island Sound, Oyster Bay
                                          Harbor, Oyster Bay, NY in
                                          approximate position
                                          40[deg]53'42.50'' N,
                                          073[deg]30'04.30'' W (NAD 83).
------------------------------------------------------------------------

[[Page 34859]]

 
7.10 City of Long Beach Fireworks......   Date: July 4, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters 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).
------------------------------------------------------------------------
7.11 Shelter Island Fireworks..........   Date: July 4, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Gardiner Bay, Shelter Island,
                                          NY in approximate position
                                          41[deg]04'39.11'' N,
                                          072[deg]22'01.07'' W (NAD 83).
------------------------------------------------------------------------
7.12 Point O'Woods Fire Company Summer    Date: July 3, 2011.
 Fireworks.                               Rain date: July 4,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          the Great South Bay, Point
                                          O'Woods, NY in approximate
                                          position 40[deg]39'18.57'' N,
                                          073[deg]08'5.73'' W (NAD 83).
------------------------------------------------------------------------
7.13 South Bay Go 4th on the Bay Davis    Date: July 4, 2011.
 Park Fireworks.                          Rain date: July 5,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          the Great South Bay, Davis
                                          Park, NY in approximate
                                          position, 40[deg]41'38.23'' N,
                                          073[deg]00'21.54'' W (NAD 83).
------------------------------------------------------------------------
7.14 North Bay Go 4th on the Bay          Date: July 4, 2011.
 Fireworks.                               Rain date: July 5,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          the Great South Bay, Blue
                                          Point, NY in approximate
                                          position, 40[deg]44'06.28'' N,
                                          073[deg]01'02.50'' W (NAD 83).
------------------------------------------------------------------------
7.15 Montauk Yacht Club Independence      Date: July 2, 2011.
 Day Fireworks.                           Rain date: July 3,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Lake Montauk, Montauk, NY in
                                          approximate position,
                                          41[deg]03'58.80'' N,
                                          071[deg]55'42.83'' W (NAD 83).
------------------------------------------------------------------------
7.16 Clam Shell Fireworks..............   Date: July 16, 2011.
                                          Rain date: July 17,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Three Mile Harbor, East
                                          Hampton, NY in approximate
                                          position, 41[deg]01'14.58'' N,
                                          072[deg]11'11.38'' W (NAD 83).
------------------------------------------------------------------------


    Dated: June 3, 2011.
J.M. Vojvodich,
Captain, U. S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2011-14828 Filed 6-14-11; 8:45 am]
BILLING CODE 9110-04-P