Special Local Regulations & Safety Zones; Marine Events in Captain of the Port Long Island Sound Zone, 39292-39298 [2011-16892]
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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:
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■
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,
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*
*
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(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 https://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:
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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 https://
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
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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
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1. Battle on the Bay Powerboat Race ......................................................
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• 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:
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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 https://
www.navcen.uscg.gov/.
(b) Definitions. The following
definitions apply to this section:
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(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
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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
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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).
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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 https://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 https://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
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]]>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]
-----------------------------------------------------------------------
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 https://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 https://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 https://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
