Special Local Regulations & Safety Zones; Marine Events in Captain of the Port Long Island Sound Zone, 39292-39298 [2011-16892]

Download as PDF 39292 Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations 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)(h), of the Instruction. This rule involves a special local regulation issued in conjunction with a regatta or marine parade, therefore (34)(h) of the Instruction applies. An environmental analysis checklist and a categorical exclusion determination are not required for this rule. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: mstockstill on DSK4VPTVN1PROD with RULES ■ Authority: 33 U.S.C. 1233. 2. Amend § 100.918 to revise paragraph (c) to read as follows: ■ § 100.918 MI. Detroit APBA Gold Cup, Detroit, * * * VerDate Mar<15>2010 * * 17:43 Jul 05, 2011 Jkt 223001 (c) Enforcement Period. The first or second week in July. The exact dates and times for this event will be determined annually. Dated: June 27, 2011. J. E. Ogden, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2011–16914 Filed 7–5–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 100 and 165 [Docket No. USCG–2011–0550] RIN 1625–AA08; 1625–AA00 Special Local Regulations & 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 fourteen temporary special local regulations and safety zones for marine events and fireworks displays within the Captain of the Port (COTP) Long Island Sound Zone. 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 COTP Sector Long Island Sound. DATES: This rule is effective in the CFR on July 6, 2011 through 6 p.m. on October 2, 2011. This rule is effective with actual notice for purposes of enforcement beginning at 8:30 p.m. on June 25, 2011. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2011– 0550 and are available online by going to http://www.regulations.gov, inserting USCG–2011–0550 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 SUMMARY: PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 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 an NPRM would be contrary to public interest since immediate action is needed to protect both spectators and participants from the safety hazards created by these events including powerboats traveling at high speeds, unexpected pyrotechnics 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. The sponsor for Salute to Veterans fireworks display (the Town of Hempstead) stated they are unwilling to reschedule their event to a later date because the town expended funds on advertising the current event date. Changing the date would require the town to spend more of their limited funds on advertising. The town was not aware of the requirements for submitting a recurring marine event application 60 days in advance resulting in a late notification to the Coast Guard. The town is now aware of this reporting requirement. The sponsors for the town of Islip and Port Jefferson fireworks displays stated they are unwilling to reschedule their events because they are held in conjunction with the Fourth of July holiday and holiday festivities. Since announced, community members have made holiday plans based on these fireworks displays. Rescheduling these events would not be a viable option because most event venues, entertainers and venders have fully booked summer schedules making rescheduling nearly impossible. This year’s fireworks displays were originally canceled due to lack of funding; however, funding became available late in May allowing the fireworks displays to take place. E:\FR\FM\06JYR1.SGM 06JYR1 mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations This unique funding situation which was unpredictable caused the late notification to the Coast Guard. The sponsors are aware of the requirements for submitting a recurring marine event application 60 days in advance. The Sponsor for Battle on the Bay Powerboat Race is unwilling to reschedule the event because the powerboats that will be racing in the event are part of a traveling circuit with a schedule established more than a year ahead of time, the earliest opportunity to reschedule the event is 2012. In spring the event’s host town for the past several years unexpectedly decided not to host this year’s event. The event sponsor was surprised and rushed to find a new host town. After a month of meetings with towns and filing permits the sponsors made an agreement with a new town. When that agreement was reached the Coast Guard was provided less than 90 days notice an insufficient amount of time to publish an NPRM for a new event. This unique host town situation which was unpredictable caused the late notification to the Coast Guard. The sponsor is aware of the requirements for submitting a new marine event application 135 days in advance. The sponsors for Xirinachs Family Foundation Fireworks; Icim’s 40th Birthday Party Fireworks and Berman Wedding Fireworks are unwilling to move their events to a later date because they are held in conjunction with other events that cannot be moved. The sponsors were 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 sponsors are now aware of the reporting requirements. The sponsors for Riverfront US title Series Powerboat Race; Head of the Riverfront Regatta; Fairfield Aerial Fireworks; Town of Babylon Fireworks; East Hampton Fire Department Fireworks; Village of Island Park Fireworks and Ports Washington Sons of Italy Fireworks all submitted marine event applications with sufficient notice to the Coast Guard. These fireworks displays and marine events are all recurring 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. The Coast Guard is establishing these temporary special local regulations and safety zones to provide for safety of life during this year’s events. Additionally, the Coast Guard has ordered special local regulations or safety zones for all of VerDate Mar<15>2010 17:43 Jul 05, 2011 Jkt 223001 these areas during past events and has received no public comments or concerns regarding the impact to waterway traffic from those events. 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 both spectators and participants from the safety hazards created by these events including powerboats traveling at high speeds, unexpected pyrotechnics detonation and burning debris. Basis and Purpose The legal basis for this rule is 33 U.S.C. 1225, 1226, 1231, 1233; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107–295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to define regulatory special local regulations and safety zones. This regulation carries out two related actions: (1) Establishing special local regulations, and (2) establishing 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 the past and the explosive hazards of fireworks, the COTP Long Island has determined that regattas and fireworks launches proximate to watercrafts pose significant risk to public safety and property. To protect the safety of all waterway users including event participants and spectators, this rule establishes temporary special local regulations or safety zones for the time and location of each marine 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 representative. Discussion of Rule This temporary rule establishes special local regulations for all navigable waters around each powerboat race and regatta and safety zones for all navigable waters within a 1000 foot zone around each fireworks display. These events are listed below in the text of the regulation. PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 39293 Because large numbers of spectator vessels are expected to congregate around the location of these events, these regulated areas are needed to protect both spectators and participants from the safety hazards created by them including powerboats traveling at high speeds, unexpected pyrotechnics detonation, and burning debris. During the enforcement periods, persons and vessels are prohibited from entering, transiting through, remaining, anchoring or mooring within the regulated areas unless stipulated otherwise or specifically authorized by the COTP or the designated representative. 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, limited size, and the fact that vessels are allowed to transit the navigable waters outside of the regulated areas. The Coast Guard has published an NPRM proposing permanent regulated areas for each of these events. The NPRM can be viewed and comments can be submitted by following the procedure under ADDRESSES and typing in docket number USCG–2008–0384. Thus far we have received no comments or requests for a public meeting on the NPRM. Additionally, the Coast Guard has ordered special local regulations or safety zones for all of these areas during past events and has received no public comments or concerns regarding the impact to waterway traffic from those 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. E:\FR\FM\06JYR1.SGM 06JYR1 39294 Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations The Coast Guard determined that these regulated areas will not have a significant impact on vessel traffic due to their temporary nature, 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 special local regulations or safety zones for all fourteen areas during past events and has received no public comments or concerns regarding 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. mstockstill on DSK4VPTVN1PROD with RULES 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. The Coast Guard has previously promulgated safety zones or special local regulations, in accordance with 33 CFR Parts 165 and 100, for all event areas contained within this proposed regulation and has not received notice of any negative impact caused by any of the safety zones or special local regulations. No new or additional restrictions will be imposed on vessel traffic. 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 VerDate Mar<15>2010 17:43 Jul 05, 2011 Jkt 223001 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 list below in the regulatory text. The temporary special local regulations and 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, notifications will be made to the local maritime community through the Local Notice to Mariners and Broadcast Notice to Mariners well in advance of the events. 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. 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. 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. 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 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 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 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 E:\FR\FM\06JYR1.SGM 06JYR1 Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations 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)&(h), of the Instruction. This rule involves the establishment of temporary special local regulations and safety zones. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recording requirements, Waterways. 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 parts 100 and 165 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. 2. Add Sec. 100.T01–0550 to read as follows: ■ § 100.T01–0550 Special Local Regulations; Regattas and Boat Races in the Coast Guard Sector Long Island Sound Captain of the Port Zone. (a) Regulations. The following regulations apply to the marine events listed in the Table to § 100.T01–0550. These regulations will be enforced for the duration of each event, on or about the dates indicated. These regulations will be enforced for the duration of each event. Notifications will be made to the local maritime community through the Local Notice to Mariners and Broadcast Notice to Mariners in advance of the events. 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 39295 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 shall contact the COTP or the designated representative via VHF channel 16 or by telephone at (203) 468–4404 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 dates and times as modified through the Local Notice to Mariners, unless authorized by COTP or designated representative. (e) The COTP or designated representative may control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the lawful directions issued. 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) For all events listed, vessels not participating in this event, swimmers, and personal watercraft of any nature are prohibited from entering or moving within the regulated area unless stipulated otherwise or authorized by the COTP or a designated representative. Vessels within the regulated area must be at anchor within a designated spectator area or moored to a waterfront facility in a way that will not interfere with the progress of the event. TABLE TO § 100.T01–0550 mstockstill on DSK4VPTVN1PROD with RULES 1. Battle on the Bay Powerboat Race ...................................................... VerDate Mar<15>2010 17:43 Jul 05, 2011 Jkt 223001 PO 00000 Frm 00051 Fmt 4700 • Event type: Boat race. • Date & time: August 27 and 28, 2011 7 a.m. until 7 p.m. • Locations: All waters of the Great South Bay, Islip, NY within the following zones: Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 39296 Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations TABLE TO § 100.T01–0550—Continued (1) The Race Course Zone forms a quadrilateral shape The eastern boundary begins at the tip of the Brown Creek western jetty approximate position 40°43′18″ N, 073°04′10″ W continues south to 40°42′38″ N, 073°04′05″ W, The southern boundary begins at 40°42′38″ N, 073°04′05″ W continues west to 40°42′07″ N, 073°07′50″ W, the western boundary begins at 40°42′07″ N, 073°07′50″ W continues north to 40°43′12″ N, 073°06′38″ W the northern boundary begins at 40°43′12″ N, 073°06′38″ W continues east to land at 40°43′12″ N, 073°06′38″ W and continues along the shore to tip of the Brown Creek western jetty 40°43′18″ N, 073°04′10″ W (NAD 83). (2) Spectator anchorage zone, all waters within 100 yards of the Race Course Zones southern boundary. (3) Transit Only zone, all waters within 100 yards of the Race Course Zones eastern, western and northern boundaries. • Additional stipulations: (1) Vessel within the spectator anchorage zone must operate at a no wake speed not to exceed 5 knots and must proceed as directly as possible to and from an anchorage location. (2) Vessels within the transit only zone must maintain a steady course and speed anchoring, stopping, mooring and other activities are prohibited within this zone. 2. Riverfront U.S. Title series Powerboat Race, Hartford, CT ................. • Event type: Boat race. Date & time: September 2 and 3, 2011, 10 a.m. until 6 p.m. and September 4, 2011, 12:01 p.m. until 6 p.m. • Location: All water of the Connecticut River, Hartford, CT, between the Founders Bridge on the North approximate position 41° 45′53.47″ N, 072° 39′55.77″ W and 41° 45′37.39″ N, 072° 39′47.49″ W (NAD 83) to the South. 3. Head of the Riverfront Regatta ............................................................ • Event Type: Rowing regatta. • Date & time: October 2, 2011 6 a.m. until 6 p.m. • Location: All water of the Connecticut River, Hartford, CT, 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 (NAD 83). PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 3. The authority citation for Part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 4. Add § 165.T01–0550 to read as follows: ■ mstockstill on DSK4VPTVN1PROD with RULES § 165.T01–0550 Safety Zones; Fireworks Displays 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 T01–0550. These regulations will be enforced for the duration of each event. Notifications will be made to the local maritime community through the Local Notice to Mariners and Broadcast Notice to Mariners in advance of the events. 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: VerDate Mar<15>2010 17:43 Jul 05, 2011 Jkt 223001 (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 or by telephone at (203) 468–4404 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 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 during the effective dates and times, or dates and times as modified through the Local Notice to Mariners, unless authorized by COTP or designated representative. (e) The COTP or the designated representative may control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the lawful directions issued. 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 T01–0550 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 E:\FR\FM\06JYR1.SGM 06JYR1 Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations background. Shore sites used in these locations will display a sign labeled 39297 ‘‘FIREWORKS—STAY AWAY’’ with the same dimensions. TABLE 1 OF T01–0550 6 6.1 June Salute to Veterans ........................................................................... • • • • Date: June 25, 2011. Rain date: June 26, 2011. Time: 8:30 p.m. to 10:30 p.m. Hempstead, NY in approximate 073°35′20.72″ W (NAD 83). 7 position 40°35′36.62″ N, July 7.1 Town of Islip Fireworks .................................................................... • • • • Date: July 4, 2011. Rain date: July 5, 2011. Time: 8:30 p.m. to 10:30 p.m. Location: Waters of Great South Bay off Bay Shore Manor Park, Islip, NY in approximate position 40°42′24″ N, 073°14′24″ W (NAD 83). 7.2 Village of Port Jefferson Fireworks .................................................. • • • • Date: July 4, 2011. Rain date: July 5, 2011. Time: 8:30 p.m. to 10:30 p.m. Location: Waters of Long Island Sound, Port Jefferson Harbor off East Beach, Village of Port Jefferson, NY in approximate position 40°57′53.189″ N, 073°3′9.72″ W (NAD 83). 7.3 Fairfield Aerial Fireworks ................................................................. • • • • Date: July 4, 2011. Rain date: July 5, 2011. Time: 8:30 p.m. to 10:30 p.m. Location: Waters of long Island Sound off Jennings Beach, Fairfield, CT in approximate position 41°08′17.232″ N, 073°14′1.028″ W (NAD 83). 7.4 Xirinachs Family Foundation Fireworks ........................................... • • • • Date: July 10, 2011. Rain date: July 11, 2011. Time: 8:30 p.m. to 10:30 p.m. Location: Water of Long Island Sound, Huntington Bay, Huntington, NY approximate position 40°54′23.27″ N, 073°25′08.04″ W (NAD 83). 7.5 Icim’s 40th Birthday Party Fireworks ............................................... • • • • Date: July 16, 2011. Rain date: July 17, 2011. Time: 8:30 p.m. to 10:30 p.m. Location: Waters of Shelter Island Sound, off Lomangino Dock, Southold, NY approximate position 41°02′22.53″ N, 072°23′20.11″ W (NAD 83). 7.6 Berman Wedding Fireworks ............................................................ • • • • Date: July 16, 2011. Rain date: July 17, 2011 Time: 8:30 p.m. to 10:30 p.m. Location: Waters of Bellport Bay, Bellport, NY approximate position 40°44′59.73″ N, 072°55′58.67″ W (NAD 83). 8 8.1 August Town of Babylon Fireworks ............................................................. • Date: August 27, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters off of Cedar Beach Town Park, Babylon, NY in approximate position 40°37′53″ N, 073°20′12″ W (NAD 83). 9 September mstockstill on DSK4VPTVN1PROD with RULES 9.1 East Hampton Fire Department Fireworks ...................................... • Date: September 03, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters off Main Beach, East Hampton, NY in approximate position 40°56′40.28″ N, 072°11′21.26″ W (NAD 83). 9.2 Port Washington Sons of Italy Fireworks ........................................ • Date: September 9, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: 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). VerDate Mar<15>2010 17:43 Jul 05, 2011 Jkt 223001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 39298 Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations TABLE 1 OF T01–0550—Continued 9.3 Village of Island Park Labor Day Celebration Fireworks ................ Dated: June 24, 2011. H.L. Najarian, Commander, U.S. Coast Guard, Acting Captain of the Port Sector Long Island Sound. [FR Doc. 2011–16892 Filed 7–5–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2011–0561] Drawbridge Operation Regulation; Christina River, Wilmington, DE Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: The Commander, Fifth Coast Guard District has issued a temporary deviation from the regulations governing the operation of the Walnut Street Bridge, across the Christina River, at mile 2.8, in Wilmington, DE. The deviation restricts the operation of the draw span in order to facilitate the inspection of the operational equipment. DATES: This deviation is effective from 8 a.m. June 23, 2011 until 5 p.m. July 22, 2011. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket USCG–2011– 0561 and are available online by going to http://www.regulations.gov, inserting USCG–2011–0561, 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 rule, call or e-mail Terrance Knowles, Environmental Protection Specialist, Fifth Coast Guard District, at telephone 757–398–6587, e-mail Terrance.A.Knowles@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 17:43 Jul 05, 2011 Jkt 223001 • Date: September 03, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters off Village of Island Park Fishing Pier, Village Beach, NY in approximate position 40°36′30.95″ N, 073°39′22.23″ W (NAD 83). Docket Operations, telephone 202–366– 9826. The Delaware Department of Transportation (DELDOT), who owns and operates this bascule type drawbridge, has requested a temporary deviation from the current operating regulations set out in 33 CFR 117.237(c) to facilitate the inspection of the operational equipment within the structure. The Walnut Street Bridge, at mile 2.8, across the Christina River in Wilmington, DE has a vertical clearance in the closed position to vessels of 13 feet above mean high water. Under the regular operating schedule the bridge opens on signal as required by 117.237(c). Under this temporary deviation, the Walnut Street Bridge will be closed to vessels and will require two hours advance notice to open each day from 8 a.m. to 5 p.m., on June 23, 2011 until July 1, 2011, and on July 18, 2011 until July 22, 2011. At all other times, the Walnut Street Bridge will open on signal. Vessels that can pass under the closed span without an opening may do so at all times. There are no alternate routes for vessels transiting this section of the Christina River. There are three vessels that travel through the bridge several times per week whose vertical clearance surpasses the closed bridge position, requiring an opening of the draw span. DELDOT has coordinated this replacement work with these three waterway users and the Coast Guard will inform the other users of the waterway through our Local and Broadcast Notices to Mariners of the closure periods for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation. The bridge may be delayed when opening for an emergency during the proposed equipment inspections. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. SUPPLEMENTARY INFORMATION: PO 00000 Dated: June 23, 2011. Frm 00054 Fmt 4700 Sfmt 4700 By direction of the Commander. Waverly W. Gregory, Jr., Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2011–16909 Filed 7–5–11; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2011–0566] Drawbridge Operation Regulation; Cape Fear River, and Northeast Cape Fear River, in Wilmington, NC Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Cape Fear River Memorial Bridge across the Cape Fear River, mile 26.8, and the Isabel S. Holmes Bridge across Northeast Cape Fear River, at mile 1.0, both in Wilmington, NC. The deviation restricts the operation of the draw spans to accommodate the 29th Annual Wilmington Family YMCA Tri-Span race. DATES: This deviation is effective from 7 a.m. to 9 a.m. on July 9, 2011. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of the docket USCG– 2011–0566 and are available online by going to http://www.regulations.gov, inserting USCG–2011–0566 in the ‘‘Keywords’’ 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 rule, call or e-mail Mr. Waverly W. Gregory, Jr., Bridge Program Manager, Fifth Coast Guard District; telephone 757–398– SUMMARY: E:\FR\FM\06JYR1.SGM 06JYR1

Agencies

[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Rules and Regulations]
[Pages 39292-39298]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16892]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2011-0550]
RIN 1625-AA08; 1625-AA00


Special Local Regulations & Safety Zones; Marine Events in 
Captain of the Port Long Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing fourteen temporary special 
local regulations and safety zones for marine events and fireworks 
displays within the Captain of the Port (COTP) Long Island Sound Zone. 
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 
COTP Sector Long Island Sound.

DATES: This rule is effective in the CFR on July 6, 2011 through 6 p.m. 
on October 2, 2011. This rule is effective with actual notice for 
purposes of enforcement beginning at 8:30 p.m. on June 25, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0550 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0550 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 an NPRM would be contrary to 
public interest since immediate action is needed to protect both 
spectators and participants from the safety hazards created by these 
events including powerboats traveling at high speeds, unexpected 
pyrotechnics 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.
    The sponsor for Salute to Veterans fireworks display (the Town of 
Hempstead) stated they are unwilling to reschedule their event to a 
later date because the town expended funds on advertising the current 
event date. Changing the date would require the town to spend more of 
their limited funds on advertising. The town was not aware of the 
requirements for submitting a recurring marine event application 60 
days in advance resulting in a late notification to the Coast Guard. 
The town is now aware of this reporting requirement.
    The sponsors for the town of Islip and Port Jefferson fireworks 
displays stated they are unwilling to reschedule their events because 
they are held in conjunction with the Fourth of July holiday and 
holiday festivities. Since announced, community members have made 
holiday plans based on these fireworks displays. Rescheduling these 
events would not be a viable option because most event venues, 
entertainers and venders have fully booked summer schedules making 
rescheduling nearly impossible. This year's fireworks displays were 
originally canceled due to lack of funding; however, funding became 
available late in May allowing the fireworks displays to take place.

[[Page 39293]]

This unique funding situation which was unpredictable caused the late 
notification to the Coast Guard. The sponsors are aware of the 
requirements for submitting a recurring marine event application 60 
days in advance.
    The Sponsor for Battle on the Bay Powerboat Race is unwilling to 
reschedule the event because the powerboats that will be racing in the 
event are part of a traveling circuit with a schedule established more 
than a year ahead of time, the earliest opportunity to reschedule the 
event is 2012. In spring the event's host town for the past several 
years unexpectedly decided not to host this year's event. The event 
sponsor was surprised and rushed to find a new host town. After a month 
of meetings with towns and filing permits the sponsors made an 
agreement with a new town. When that agreement was reached the Coast 
Guard was provided less than 90 days notice an insufficient amount of 
time to publish an NPRM for a new event. This unique host town 
situation which was unpredictable caused the late notification to the 
Coast Guard. The sponsor is aware of the requirements for submitting a 
new marine event application 135 days in advance.
    The sponsors for Xirinachs Family Foundation Fireworks; Icim's 40th 
Birthday Party Fireworks and Berman Wedding Fireworks are unwilling to 
move their events to a later date because they are held in conjunction 
with other events that cannot be moved. The sponsors were 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 
sponsors are now aware of the reporting requirements.
    The sponsors for Riverfront US title Series Powerboat Race; Head of 
the Riverfront Regatta; Fairfield Aerial Fireworks; Town of Babylon 
Fireworks; East Hampton Fire Department Fireworks; Village of Island 
Park Fireworks and Ports Washington Sons of Italy Fireworks all 
submitted marine event applications with sufficient notice to the Coast 
Guard. These fireworks displays and marine events are all recurring 
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. The Coast Guard is establishing these temporary 
special local regulations and safety zones to provide for safety of 
life during this year's events. Additionally, the Coast Guard has 
ordered special local regulations or safety zones for all of these 
areas during past events and has received no public comments or 
concerns regarding the impact to waterway traffic from those events. 
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 both 
spectators and participants from the safety hazards created by these 
events including powerboats traveling at high speeds, unexpected 
pyrotechnics detonation and burning debris.

Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1225, 1226, 1231, 1233; 
46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-
295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 
0170.1, which collectively authorize the Coast Guard to define 
regulatory special local regulations and safety zones. This regulation 
carries out two related actions: (1) Establishing special local 
regulations, and (2) establishing 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 the past and the 
explosive hazards of fireworks, the COTP Long Island has determined 
that regattas and fireworks launches proximate to watercrafts pose 
significant risk to public safety and property.
    To protect the safety of all waterway users including event 
participants and spectators, this rule establishes temporary special 
local regulations or safety zones for the time and location of each 
marine 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 representative.

Discussion of Rule

    This temporary rule establishes special local regulations for all 
navigable waters around each powerboat race and regatta and safety 
zones for all navigable waters within a 1000 foot zone around each 
fireworks display.
    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, these regulated areas 
are needed to protect both spectators and participants from the safety 
hazards created by them including powerboats traveling at high speeds, 
unexpected pyrotechnics detonation, and burning debris. During the 
enforcement periods, persons and vessels are prohibited from entering, 
transiting through, remaining, anchoring or mooring within the 
regulated areas unless stipulated otherwise or specifically authorized 
by the COTP or the designated representative. 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, 
limited size, and the fact that vessels are allowed to transit the 
navigable waters outside of the regulated areas.
    The Coast Guard has published an NPRM proposing permanent regulated 
areas for each of these events. The NPRM can be viewed and comments can 
be submitted by following the procedure under ADDRESSES and typing in 
docket number USCG-2008-0384. Thus far we have received no comments or 
requests for a public meeting on the NPRM. Additionally, the Coast 
Guard has ordered special local regulations or safety zones for all of 
these areas during past events and has received no public comments or 
concerns regarding the impact to waterway traffic from those 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.

[[Page 39294]]

    The Coast Guard determined that these regulated areas will not have 
a significant impact on vessel traffic due to their temporary nature, 
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 special local regulations or safety zones for 
all fourteen areas during past events and has received no public 
comments or concerns regarding 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.
    The Coast Guard has previously promulgated safety zones or special 
local regulations, in accordance with 33 CFR Parts 165 and 100, for all 
event areas contained within this proposed regulation and has not 
received notice of any negative impact caused by any of the safety 
zones or special local regulations.
    No new or additional restrictions will be imposed on vessel 
traffic.

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 list below in the regulatory 
text.
    The temporary special local regulations and 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, notifications will be made to the local maritime community 
through the Local Notice to Mariners and Broadcast Notice to Mariners 
well in advance of the events.

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

[[Page 39295]]

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)&(h), of the Instruction. This rule involves the establishment 
of temporary special local regulations and safety zones.
    An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recording 
requirements, Waterways.

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 parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec. 100.T01-0550 to read as follows:


Sec.  100.T01-0550  Special Local Regulations; Regattas and Boat Races 
in the Coast Guard Sector Long Island Sound Captain of the Port Zone.

    (a) Regulations.
    The following regulations apply to the marine events listed in the 
Table to Sec.  100.T01-0550. These regulations will be enforced for the 
duration of each event, on or about the dates indicated.
    These regulations will be enforced for the duration of each event. 
Notifications will be made to the local maritime community through the 
Local Notice to Mariners and Broadcast Notice to Mariners in advance of 
the events. 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 shall contact the COTP or the designated representative 
via VHF channel 16 or by telephone at (203) 468-4404 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 dates and 
times as modified through the Local Notice to Mariners, unless 
authorized by COTP or designated representative.
    (e) The COTP or designated representative may control the movement 
of all vessels in the regulated area. When hailed or signaled by an 
official patrol vessel, a vessel shall come to an immediate stop and 
comply with the lawful directions issued. 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) For all events listed, vessels not participating in this event, 
swimmers, and personal watercraft of any nature are prohibited from 
entering or moving within the regulated area unless stipulated 
otherwise or authorized by the COTP or a designated representative. 
Vessels within the regulated area must be at anchor within a designated 
spectator area or moored to a waterfront facility in a way that will 
not interfere with the progress of the event.

                      Table to Sec.   100.T01-0550
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1. Battle on the Bay Powerboat Race....   Event type: Boat race.
                                          Date & time: August 27
                                          and 28, 2011 7 a.m. until 7
                                          p.m.
                                          Locations: All waters
                                          of the Great South Bay, Islip,
                                          NY within the following zones:

[[Page 39296]]

 
                                            (1) The Race Course Zone
                                             forms a quadrilateral shape
                                             The eastern boundary begins
                                             at the tip of the Brown
                                             Creek western jetty
                                             approximate position
                                             40[deg]43'18'' N,
                                             073[deg]04'10'' W continues
                                             south to 40[deg]42'38'' N,
                                             073[deg]04'05'' W, The
                                             southern boundary begins at
                                             40[deg]42'38'' N,
                                             073[deg]04'05'' W continues
                                             west to 40[deg]42'07'' N,
                                             073[deg]07'50'' W, the
                                             western boundary begins at
                                             40[deg]42'07'' N,
                                             073[deg]07'50'' W continues
                                             north to 40[deg]43'12'' N,
                                             073[deg]06'38'' W the
                                             northern boundary begins at
                                             40[deg]43'12'' N,
                                             073[deg]06'38'' W continues
                                             east to land at
                                             40[deg]43'12'' N,
                                             073[deg]06'38'' W and
                                             continues along the shore
                                             to tip of the Brown Creek
                                             western jetty
                                             40[deg]43'18'' N,
                                             073[deg]04'10'' W (NAD 83).
                                            (2) Spectator anchorage
                                             zone, all waters within 100
                                             yards of the Race Course
                                             Zones southern boundary.
                                            (3) Transit Only zone, all
                                             waters within 100 yards of
                                             the Race Course Zones
                                             eastern, western and
                                             northern boundaries.
                                          Additional
                                          stipulations:
                                            (1) Vessel within the
                                             spectator anchorage zone
                                             must operate at a no wake
                                             speed not to exceed 5 knots
                                             and must proceed as
                                             directly as possible to and
                                             from an anchorage location.
                                             (2) Vessels within the
                                             transit only zone must
                                             maintain a steady course
                                             and speed anchoring,
                                             stopping, mooring and other
                                             activities are prohibited
                                             within this zone.
------------------------------------------------------------------------
2. Riverfront U.S. Title series           Event type: Boat race.
 Powerboat Race, Hartford, CT.           Date & time: September 2 and 3,
                                          2011, 10 a.m. until 6 p.m. and
                                          September 4, 2011, 12:01 p.m.
                                          until 6 p.m.
                                          Location: All water of
                                          the Connecticut River,
                                          Hartford, CT, between the
                                          Founders Bridge on the North
                                          approximate position 41[deg]
                                          45'53.47'' N, 072[deg]
                                          39'55.77'' W and 41[deg]
                                          45'37.39'' N, 072[deg]
                                          39'47.49'' W (NAD 83) to the
                                          South.
------------------------------------------------------------------------
3. Head of the Riverfront Regatta......   Event Type: Rowing
                                          regatta.
                                          Date & time: October
                                          2, 2011 6 a.m. until 6 p.m.
                                          Location: All water of
                                          the Connecticut River,
                                          Hartford, CT, 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 (NAD 83).
------------------------------------------------------------------------

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. The authority citation for Part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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
4. Add Sec.  165.T01-0550 to read as follows:


Sec.  165.T01-0550  Safety Zones; Fireworks Displays 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 T01-0550.
    These regulations will be enforced for the duration of each event. 
Notifications will be made to the local maritime community through the 
Local Notice to Mariners and Broadcast Notice to Mariners in advance of 
the events. 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 or by telephone at (203) 468-4404 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 dates and 
times as modified through the Local Notice to Mariners, unless 
authorized by COTP or designated representative.
    (e) The COTP or the designated representative may control the 
movement of all vessels in the regulated area. When hailed or signaled 
by an official patrol vessel, a vessel shall come to an immediate stop 
and comply with the lawful directions issued. 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 T01-0550 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

[[Page 39297]]

background. Shore sites used in these locations will display a sign 
labeled ``FIREWORKS--STAY AWAY'' with the same dimensions.

                           Table 1 of T01-0550
------------------------------------------------------------------------
 
------------------------------------------------------------------------
6                                                      June
------------------------------------------------------------------------
6.1 Salute to Veterans.................   Date: June 25, 2011.
                                          Rain date: June 26,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Hempstead, NY in
                                          approximate position
                                          40[deg]35'36.62'' N,
                                          073[deg]35'20.72'' W (NAD 83).
------------------------------------------------------------------------
7                                                      July
------------------------------------------------------------------------
7.1 Town of Islip Fireworks............   Date: July 4, 2011.
                                          Rain date: July 5,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Great South Bay off Bay Shore
                                          Manor Park, Islip, NY in
                                          approximate position
                                          40[deg]42'24'' N,
                                          073[deg]14'24'' W (NAD 83).
------------------------------------------------------------------------
7.2 Village of Port Jefferson Fireworks   Date: July 4, 2011.
                                          Rain date: July 5,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Long Island Sound, Port
                                          Jefferson Harbor off East
                                          Beach, Village of Port
                                          Jefferson, NY in approximate
                                          position 40[deg]57'53.189'' N,
                                          073[deg]3'9.72'' W (NAD 83).
------------------------------------------------------------------------
7.3 Fairfield Aerial Fireworks.........   Date: July 4, 2011.
                                          Rain date: July 5,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          long Island Sound off Jennings
                                          Beach, Fairfield, CT in
                                          approximate position
                                          41[deg]08'17.232'' N,
                                          073[deg]14'1.028'' W (NAD 83).
------------------------------------------------------------------------
7.4 Xirinachs Family Foundation           Date: July 10, 2011.
 Fireworks.                               Rain date: July 11,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Water of
                                          Long Island Sound, Huntington
                                          Bay, Huntington, NY
                                          approximate position
                                          40[deg]54'23.27'' N,
                                          073[deg]25'08.04'' W (NAD 83).
------------------------------------------------------------------------
7.5 Icim's 40th Birthday Party            Date: July 16, 2011.
 Fireworks.                               Rain date: July 17,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Shelter Island Sound, off
                                          Lomangino Dock, Southold, NY
                                          approximate position
                                          41[deg]02'22.53'' N,
                                          072[deg]23'20.11'' W (NAD 83).
------------------------------------------------------------------------
7.6 Berman Wedding Fireworks...........   Date: July 16, 2011.
                                          Rain date: July 17,
                                          2011
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Bellport Bay, Bellport, NY
                                          approximate position
                                          40[deg]44'59.73'' N,
                                          072[deg]55'58.67'' W (NAD 83).
------------------------------------------------------------------------
8                                                     August
------------------------------------------------------------------------
8.1 Town of Babylon Fireworks..........   Date: August 27, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters off
                                          of Cedar Beach Town Park,
                                          Babylon, NY in approximate
                                          position 40[deg]37'53'' N,
                                          073[deg]20'12'' W (NAD 83).
------------------------------------------------------------------------
9                                                   September
------------------------------------------------------------------------
9.1 East Hampton Fire Department          Date: September 03,
 Fireworks.                               2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters off
                                          Main Beach, East Hampton, NY
                                          in approximate position
                                          40[deg]56'40.28'' N,
                                          072[deg]11'21.26'' W (NAD 83).
------------------------------------------------------------------------
9.2 Port Washington Sons of Italy         Date: September 9,
 Fireworks.                               2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: 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).
------------------------------------------------------------------------

[[Page 39298]]

 
9.3 Village of Island Park Labor Day      Date: September 03,
 Celebration Fireworks.                   2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters off
                                          Village of Island Park Fishing
                                          Pier, Village Beach, NY in
                                          approximate position
                                          40[deg]36'30.95'' N,
                                          073[deg]39'22.23'' W (NAD 83).
------------------------------------------------------------------------


    Dated: June 24, 2011.
H.L. Najarian,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Long 
Island Sound.
[FR Doc. 2011-16892 Filed 7-5-11; 8:45 am]
BILLING CODE 9110-04-P