Safety Zones; July Fireworks Displays and Swim Events in the Captain of the Port New York Zone, 43124-43128 [2011-18284]
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Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Rules and Regulations
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. Joe Arca, Project Officer,
First Coast Guard District,
joe.m.arca@uscg.mil, telephone (212)
668–7165. If you have questions on
viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: The Route
35 Bridge, across Cheesequake Creek,
mile 0.0, at Morgan, New Jersey, has a
vertical clearance in the closed position
of 25 feet at mean high water and 30 feet
at mean low water. The drawbridge
operation regulations are listed at 33
CFR 117.709(a).
The waterway is predominantly used
by recreational vessels on a seasonal
basis.
The owner of the bridge, the New
Jersey Department of Transportation,
requested a temporary deviation from
the regulations to facilitate a public
event, the Rolling Thunder Freedom
Ride. The bridge must remain in the
closed position to facilitate the above
public event.
Under this temporary deviation the
Route 35 Bridge may remain in the
closed position between 11:30 a.m. and
1 p.m. on September 18, 2011. Vessels
that can pass under the bridge in the
closed position may do so at any time.
In accordance with 33 CFR 117.35(e),
the bridge 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.
Dated: June 27, 2011.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 2011–18224 Filed 7–19–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0565]
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RIN 1625–AA00; 1625–AA08
Safety Zones; July Fireworks Displays
and Swim Events in the Captain of the
Port New York Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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The Coast Guard is
establishing nine temporary safety zones
for marine events within the Coast
Guard Captain of the Port (COTP) New
York Zone for fireworks displays and
swim events. 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 New York.
DATES: This rule is effective from July
20, 2011 until July 30, 2011. These
regulations have been enforced with
actual notice since July 1, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0565 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0565 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 LT Eunice James,
Coast Guard Sector New York
Waterways Management Division; 718–
354–4163, e-mail
Eunice.A.James@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because any
delay encountered in this regulation’s
effective date by publishing a NPRM
would be contrary to public interest,
since immediate action is needed to
provide for the safety of life and
property on navigable waters from the
hazards associated with fireworks
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including unexpected detonation and
burning debris; also immediate action is
needed to provide for the safety of life
and property on navigable waters from
the hazards associated with swimmers
in the water in or near navigable
channels. We spoke with each event
sponsor and each indicated they were
unable and unwilling to move their
event date to a later time. Sponsors for
the Fort Hamilton Independence Day
Celebration Fireworks Display; Rumson,
NJ Fireworks Display; the City of
Poughkeepsie Fireworks Display;
Larchmont Yacht Club Fireworks
Display; City of New Rochelle Fireworks
Display; and Keyport Firemen’s Fair
Fireworks Display stated they are
unwilling to reschedule these events
because they are being held in
conjunction with various Independence
Day celebrations. Many community
members have made holiday plans
based on these fireworks events and
changing the date would cause
numerous cancelations and hurt small
businesses. Rescheduling would not be
a viable option because most event
venues, entertainers, and venders have
fully booked summer schedules making
rescheduling nearly impossible.
Sponsors for the Brooklyn Bridge Swim,
Swim Across America, and Hudson
Valley Triathlon stated they are
unwilling to reschedule these events
because the dates of each swim event
were chosen based on optimal tide,
current, and weather conditions needed
to promote the safety of swim
participants. In addition, any change to
the dates of the events would cause
economic hardship on the marine event
sponsors, negatively impacting other
activities being held in conjunction with
these events and creating unsafe event
conditions.
Additionally, due to the dangers
posed by the pyrotechnics used in
fireworks displays and the hazards
associated with swim events, the safety
zones are necessary to provide for the
safety of event participants, spectator
crafts, and other vessels operating near
the event areas. For the safety concerns
noted, it is in the public interest to have
this regulation in effect during these
events.
These fireworks displays and swim
events are all reoccurring marine events
with a proposed permanent rule
currently in a public comment period
under docket number USCG–2010–1001
titled, Special Local Regulations and
Safety Zones; Recurring Events in
Captain of the Port New York Sound
Zone. Additionally, the Coast Guard has
ordered safety zones or special local
regulations for all of these areas for past
events and has not received public
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Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Rules and Regulations
comments or concerns regarding
establishment of waterways restrictions.
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. The rule must become
effective on the dates specified in Table
1 and 2 in order to provide for the safety
of the public including spectators and
vessels operating in the area near these
events. Delaying the effective date of
this rule until after 30 days have elapsed
after publication is impractical and
would expose spectators, vessels, and
other property to the hazards associated
with these marine events.
Basis and Purpose
The legal basis for the temporary rule
is 33 U.S.C. 1226, 1231, 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; Pub. L. 107–295, 116 Stat. 2064;
and Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to define safety zones.
These fireworks displays and swim
events are being held during the month
of July on the navigable waters within
the COTP New York Zone. In the past,
the Coast Guard has established special
local regulations, regulated areas, and
safety zones for these events on a case
by case basis to ensure the protection of
the maritime public and event
participants from the hazards associated
with these events. The Coast Guard has
not received public comments or
concerns regarding the impact to
waterway traffic from these events.
This temporary final rule will apprise
the public in a timely manner through
publication in the Federal Register.
These events pose significant risk to
participants, spectators and the
maritime public because of hazardous
conditions associated with fireworks
displays and swim events. These
temporary safety zones are necessary to
ensure the safety of participants,
spectators and vessels.
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Discussion of Rule
This rule establishes temporary safety
zones on the waters of the COTP New
York zone. These temporary safety
zones will encompass various locations,
listed in Table 1 and Table 2 below.
All persons and vessels shall comply
with the instructions of the COTP New
York or the designated on-scene
representative. Entry into, transiting, or
anchoring within the temporary safety
zones are prohibited unless authorized
by the COTP New York, or the
designated representative. The COTP
New York or the designated
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representative may be reached on VFH
Channel 16.
Because large numbers of spectator
vessels are expected to congregate
around the location of these events, the
regulated areas are needed to protect
both spectators and participants from
the safety hazards created by fireworks
displays and swimmers in the water.
During the enforcement period of the
regulated areas, persons and vessels are
prohibited from entering, transiting
through, remaining, anchoring or
mooring within the zone unless
specifically authorized by the COTP or
the designated representatives. The
Coast Guard may be assisted by other
federal, state and local agencies in the
enforcement of these regulated areas.
The Coast Guard determined that
these regulated areas will not have a
significant impact on vessel traffic due
to their temporary nature and limited
size and the fact that vessels are allowed
to transit the navigable waters outside of
the regulated areas. Additionally, the
Coast Guard has ordered safety zones for
all of these nine areas for past events
and has not received public comments
or concerns regarding the impact to
waterway traffic from events.
Advanced public notifications will
also be made to the local maritime
community by the Local Notice to
Mariners as well as Broadcast Notice to
Mariners.
Small Entities
Regulatory Analyses
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.
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.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, as
supplemented by Executive Order
13563, Regulatory Planning and Review,
and does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order.
The Coast Guard’s implementation of
these temporary special local
regulations and safety zones will be of
short duration and designed to
minimize the impact to vessel traffic on
the navigable waters. These safety zones
will only be enforced for a short
duration. Furthermore, vessels may be
authorized to transit the zones with
permission of the COTP New York or
the designated on-scene representative.
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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 and operators of
vessels intending to transit or anchor in
a portion of the navigable waterway in
the vicinity of these marine events
during the effective period.
This rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: Vessel traffic can
safely transit around the zone. Before
the effective period, we will issue
maritime advisories widely available to
users of the waterway. This rule will be
in effect for a short duration at various
times from July 02, 2011 until July 30,
2011.
Assistance for Small Entities
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).
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Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Rules and Regulations
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such 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.
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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
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Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of temporary
safety zones. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–0565 to read as
follows:
■
§ 165.T01–0565 Safety Zones; July
Fireworks Displays and Swim Events in the
Captain of the Port New York Zone.
(a) Regulations. The general
regulations contained in 33 CFR 165.23
as well as the following regulations
apply to the fireworks displays and
swim events listed in Table 1 and Table
2 of § 165.T01–0565. These regulations
will be enforced for the duration of each
event. Notifications of exact dates and
times of the enforcement period will be
made to the local maritime community
through the Local Notice to Mariners,
and Broadcast Notice to Mariners. First
Coast Guard District Local Notice to
Mariners can be found at 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 COTP, Sector
New York 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 718–354–4353 (Sector
New York command center) 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
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Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Rules and Regulations
dates and times as modified through the
Local Notice to Mariners, unless
authorized by COTP or designated onscene representative.
(e) Upon being hailed by a U.S. Coast
Guard vessel or the designated
representative, by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed. Failure
to comply with a lawful direction may
result in expulsion from the area,
citation for failure to comply, or both.
(f) The COTP or the 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 is that area of
navigable waters within a 360 yard
radius of the launch platform or launch
site for each fireworks display, unless
otherwise noted in Table 1 or modified
in USCG First District Local Notice to
43127
Mariners at: https://
www.navcen.uscg.gov/.
(h) Fireworks barges used in these
locations will also have a sign on their
port and starboard side labeled
‘‘FIREWORKS—STAY AWAY’’. This
sign will consist of 10 inch high by 1.5
inch wide red lettering on a white
background. Shore sites used in these
locations will display a sign labeled
‘‘FIREWORKS—STAY AWAY’’ with the
same dimensions.
TABLE 1 OF § 165.T01–0565
1.0
1.1
New York Harbor
Fort Hamilton Independence Day Celebration Fireworks Display ..
•
•
•
•
Date: July 2, 2011.
Rain Date: July 3, 2011.
Time: 9:15 p.m. to 10:15 p.m.
Launch site: A barge located in approximate position 40°36′02.5″ N,
074°01′36.6″ W (NAD 1983), approximately 1400 yards southeast of
the Verrazano-Narrows Bridge. This Safety Zone is a 240-yard radius from the barge.
2.0
2.1
Navesink River
Rumson, NJ, Fireworks Display ......................................................
•
•
•
•
Date: July 3, 2011.
Rain Date: July 4, 2011.
Time: 8:45 p.m. to 10:15 p.m.
Launch site: A barge located in approximate position 40°22′42″ N
074°01′07″ W (NAD 1983), approximately 550 yards south of the
Oceanic Bridge. This Safety Zone is a 300-yard radius from the
barge.
3.0
3.1
Hudson River
City of Poughkeepsie, Fireworks Display ........................................
•
•
•
•
Date: July 4, 2011.
Rain Date: July 5, 2011.
Time: 9 p.m. to 10:30 p.m.
Launch site: A barge located in approximate position 41°42′24.50″ N
073°56′44.16″ W (NAD 1983), approximately 420 yards north of the
Mid Hudson Bridge. This Safety Zone is a 300-yard radius from the
barge.
4.0
Western Long Island Sound
4.1
Larchmont Yacht Club Fireworks Display .......................................
•
•
•
•
Date: July 4, 2011.
Rain Date: July 5, 2011.
Time: 9 p.m. to 10:20 p.m.
Launch site: A barge located in approximate position 40°55′17.3″ N,
073°44′13.8″ W (NAD 1983), approximately 620 yards northwest of
Umbrella Point. This Safety Zone is a 240-yard radius from the
barge.
4.2
City of Rochelle, NY, Echo Bay Harbor Fireworks Display .............
•
•
•
•
Date: July 4, 2011.
Rain Date: July 5, 2011.
Time: 9 p.m. to 10:20 p.m.
Launch site: A shore launch located in approximate position
40°54′34.4″ N, 073°45′56.6″ W (NAD 1983). This Safety Zone is a
180-yard radius from the launch site.
5.0
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5.1
Raritan Bay
•
•
•
•
Keyport Firemen’s Fair Fireworks Display
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Date: July 23, 2011.
Rain Date: July 24, 2011.
Time: 10:30 p.m. to 12 a.m.
Launch site: A barge located in approximate position 40°26′24″ N.
074°12′18″ W (NAD 1983), approximately 200 yards north of
Keyport, NJ shoreline. This Safety Zone is a 150-yard radius from
the barge.
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TABLE 2 TO § 165.T01–0565
1.0
1.1
East River
Brooklyn Bridge Swim ......................................................................
•
•
•
•
•
Event Type: Swim Event.
Date: July 30, 2011.
Rain Date: July 31, 2011.
Time: 9 a.m. to 12 p.m.
Location: Participants will swim between Brooklyn and Manhattan,
New York crossing the East River along the Brooklyn Bridge.
• Rain Date: July 31, 2011.
• Time: 10:05 a.m. to 11:55 a.m.
2.0
2.1
Western Long Island Sound
Swim Across America ......................................................................
•
•
•
•
•
Event Type: Swim Event.
Date: July 30, 2011.
Rain Date: NA.
Time: 5:30 a.m. to 10:30 a.m.
Location: Participants will swim between Glen Cove and Larchmont,
New York and an area of Hempstead Harbor between Glen Cove
and the vicinity of Umbrella Point.
3.0
3.1
Hudson River
Hudson Valley Triathlon ...................................................................
Dated: July 1, 2011.
L.L. Fagan,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2011–18284 Filed 7–19–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–1013–201128; FRL–
9438–1]
Approval and Promulgation of Air
Quality Implementation Plan; Alabama;
Disapproval of Interstate Transport
Submission for the 2006 24-Hour PM2.5
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
disapprove the portion of Alabama’s
September 23, 2009, submission which
was intended to meet the requirement to
address interstate transport for the 2006
24-hour fine particulate matter (PM2.5)
national ambient air quality standards
(NAAQS). Additionally, EPA is
responding to comments received on
EPA’s January 26, 2011, proposed
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SUMMARY:
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•
•
•
•
•
Event Type: Swim Event.
Date: July 24, 2011.
Rain Date: NA.
Time: 5 a.m to 11 a.m.
The following area is a safety zone: All waters of the Hudson River
in the vicinity of Ulster Landing, Bound by the following points:
42°00′03.7″ N, 073°56′43.1″ W; thence to 41°59′52.5″ N,
073°56′34.2″ W; thence to 42°00′15.1″ N, 073°56′25.2″ W
• thence to 42°00′05.4″ N, 073°56′41.9″ W; thence along the shoreline
to the point of beginning.
disapproval of the aforementioned
portion of Alabama’s September 23,
2009, submission. On September 23,
2009, the State of Alabama, through the
Alabama Department of Environmental
Management (ADEM), provided a letter
to EPA certifying that the Alabama state
implementation plan (SIP) meets the
interstate transport requirements with
regard to the 2006 24-hour PM2.5
NAAQS. Specifically, the interstate
transport requirements under the Clean
Air Act (CAA or Act) prohibit a state’s
emissions from significantly
contributing to nonattainment or
interfering with the maintenance of the
NAAQS in any other state. The effect of
today’s action will be the promulgation
of a Federal Implementation Plan (FIP)
for Alabama no later than two years
from the date of disapproval. The
proposed Transport Rule, when final, is
the FIP that EPA intends to implement
for Alabama.
DATES: Effective Date: This rule will be
effective August 19, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2010–1013. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., Confidential
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m. excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: For
information regarding the Alabama SIP,
contact Mr. Zuri Farngalo, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Mr.
Farngalo’s telephone number is (404)
562–9152; e-mail address:
E:\FR\FM\20JYR1.SGM
20JYR1
]]>Agencies
[Federal Register Volume 76, Number 139 (Wednesday, July 20, 2011)]
[Rules and Regulations]
[Pages 43124-43128]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18284]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0565]
RIN 1625-AA00; 1625-AA08
Safety Zones; July Fireworks Displays and Swim Events in the
Captain of the Port New York Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing nine temporary safety zones
for marine events within the Coast Guard Captain of the Port (COTP) New
York Zone for fireworks displays and swim events. 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 New York.
DATES: This rule is effective from July 20, 2011 until July 30, 2011.
These regulations have been enforced with actual notice since July 1,
2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0565 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0565 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 LT Eunice James, Coast Guard Sector New
York Waterways Management Division; 718-354-4163, e-mail
Eunice.A.James@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because any delay encountered in this
regulation's effective date by publishing a NPRM would be contrary to
public interest, since immediate action is needed to provide for the
safety of life and property on navigable waters from the hazards
associated with fireworks including unexpected detonation and burning
debris; also immediate action is needed to provide for the safety of
life and property on navigable waters from the hazards associated with
swimmers in the water in or near navigable channels. We spoke with each
event sponsor and each indicated they were unable and unwilling to move
their event date to a later time. Sponsors for the Fort Hamilton
Independence Day Celebration Fireworks Display; Rumson, NJ Fireworks
Display; the City of Poughkeepsie Fireworks Display; Larchmont Yacht
Club Fireworks Display; City of New Rochelle Fireworks Display; and
Keyport Firemen's Fair Fireworks Display stated they are unwilling to
reschedule these events because they are being held in conjunction with
various Independence Day celebrations. Many community members have made
holiday plans based on these fireworks events and changing the date
would cause numerous cancelations and hurt small businesses.
Rescheduling would not be a viable option because most event venues,
entertainers, and venders have fully booked summer schedules making
rescheduling nearly impossible. Sponsors for the Brooklyn Bridge Swim,
Swim Across America, and Hudson Valley Triathlon stated they are
unwilling to reschedule these events because the dates of each swim
event were chosen based on optimal tide, current, and weather
conditions needed to promote the safety of swim participants. In
addition, any change to the dates of the events would cause economic
hardship on the marine event sponsors, negatively impacting other
activities being held in conjunction with these events and creating
unsafe event conditions.
Additionally, due to the dangers posed by the pyrotechnics used in
fireworks displays and the hazards associated with swim events, the
safety zones are necessary to provide for the safety of event
participants, spectator crafts, and other vessels operating near the
event areas. For the safety concerns noted, it is in the public
interest to have this regulation in effect during these events.
These fireworks displays and swim events are all reoccurring marine
events with a proposed permanent rule currently in a public comment
period under docket number USCG-2010-1001 titled, Special Local
Regulations and Safety Zones; Recurring Events in Captain of the Port
New York Sound Zone. Additionally, the Coast Guard has ordered safety
zones or special local regulations for all of these areas for past
events and has not received public
[[Page 43125]]
comments or concerns regarding establishment of waterways restrictions.
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. The rule must become effective on
the dates specified in Table 1 and 2 in order to provide for the safety
of the public including spectators and vessels operating in the area
near these events. Delaying the effective date of this rule until after
30 days have elapsed after publication is impractical and would expose
spectators, vessels, and other property to the hazards associated with
these marine events.
Basis and Purpose
The legal basis for the temporary rule is 33 U.S.C. 1226, 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Pub. L. 107-295,
116 Stat. 2064; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to define safety
zones.
These fireworks displays and swim events are being held during the
month of July on the navigable waters within the COTP New York Zone. In
the past, the Coast Guard has established special local regulations,
regulated areas, and safety zones for these events on a case by case
basis to ensure the protection of the maritime public and event
participants from the hazards associated with these events. The Coast
Guard has not received public comments or concerns regarding the impact
to waterway traffic from these events.
This temporary final rule will apprise the public in a timely
manner through publication in the Federal Register.
These events pose significant risk to participants, spectators and
the maritime public because of hazardous conditions associated with
fireworks displays and swim events. These temporary safety zones are
necessary to ensure the safety of participants, spectators and vessels.
Discussion of Rule
This rule establishes temporary safety zones on the waters of the
COTP New York zone. These temporary safety zones will encompass various
locations, listed in Table 1 and Table 2 below.
All persons and vessels shall comply with the instructions of the
COTP New York or the designated on-scene representative. Entry into,
transiting, or anchoring within the temporary safety zones are
prohibited unless authorized by the COTP New York, or the designated
representative. The COTP New York or the designated representative may
be reached on VFH Channel 16.
Because large numbers of spectator vessels are expected to
congregate around the location of these events, the regulated areas are
needed to protect both spectators and participants from the safety
hazards created by fireworks displays and swimmers in the water. During
the enforcement period of the regulated areas, persons and vessels are
prohibited from entering, transiting through, remaining, anchoring or
mooring within the zone unless specifically authorized by the COTP or
the designated representatives. The Coast Guard may be assisted by
other federal, state and local agencies in the enforcement of these
regulated areas.
The Coast Guard determined that these regulated areas will not have
a significant impact on vessel traffic due to their temporary nature
and limited size and the fact that vessels are allowed to transit the
navigable waters outside of the regulated areas. Additionally, the
Coast Guard has ordered safety zones for all of these nine areas for
past events and has not received public comments or concerns regarding
the impact to waterway traffic from events.
Advanced public notifications will also be made to the local
maritime community by the Local Notice to Mariners as well as Broadcast
Notice to Mariners.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, as supplemented by Executive Order 13563,
Regulatory Planning and Review, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that Order. The
Office of Management and Budget has not reviewed it under that Order.
The Coast Guard's implementation of these temporary special local
regulations and safety zones will be of short duration and designed to
minimize the impact to vessel traffic on the navigable waters. These
safety zones will only be enforced for a short duration. Furthermore,
vessels may be authorized to transit the zones with permission of the
COTP New York or the designated on-scene representative.
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 and operators of vessels intending to
transit or anchor in a portion of the navigable waterway in the
vicinity of these marine events during the effective period.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic can safely transit around the zone. Before the effective
period, we will issue maritime advisories widely available to users of
the waterway. This rule will be in effect for a short duration at
various times from July 02, 2011 until July 30, 2011.
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).
[[Page 43126]]
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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of
temporary safety zones. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T01-0565 to read as follows:
Sec. 165.T01-0565 Safety Zones; July Fireworks Displays and Swim
Events in the Captain of the Port New York Zone.
(a) Regulations. The general regulations contained in 33 CFR 165.23
as well as the following regulations apply to the fireworks displays
and swim events listed in Table 1 and Table 2 of Sec. 165.T01-0565.
These regulations will be enforced for the duration of each event.
Notifications of exact dates and times of the enforcement period will
be made to the local maritime community through the Local Notice to
Mariners, and Broadcast Notice to Mariners. First Coast Guard District
Local Notice to Mariners can be found at 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 COTP, Sector New York 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 718-354-4353 (Sector New York command center) to
obtain permission to do so.
(d) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or
[[Page 43127]]
dates and times as modified through the Local Notice to Mariners,
unless authorized by COTP or designated on-scene representative.
(e) Upon being hailed by a U.S. Coast Guard vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
(f) The COTP or the 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
is that area of navigable waters within a 360 yard radius of the launch
platform or launch site for each fireworks display, unless otherwise
noted in Table 1 or modified in USCG First District Local Notice to
Mariners at: https://www.navcen.uscg.gov/.
(h) Fireworks barges used in these locations will also have a sign
on their port and starboard side labeled ``FIREWORKS--STAY AWAY''. This
sign will consist of 10 inch high by 1.5 inch wide red lettering on a
white background. Shore sites used in these locations will display a
sign labeled ``FIREWORKS--STAY AWAY'' with the same dimensions.
Table 1 of Sec. 165.T01-0565
------------------------------------------------------------------------
------------------------------------------------------------------------
1.0 New York Harbor
------------------------------------------------------------------------
1.1 Fort Hamilton Independence Day Date: July 2, 2011.
Celebration Fireworks Display. Rain Date: July 3,
2011.
Time: 9:15 p.m. to
10:15 p.m.
Launch site: A barge
located in approximate
position 40[deg]36'02.5'' N,
074[deg]01'36.6'' W (NAD
1983), approximately 1400
yards southeast of the
Verrazano-Narrows Bridge. This
Safety Zone is a 240-yard
radius from the barge.
------------------------------------------------------------------------
2.0 Navesink River
------------------------------------------------------------------------
2.1 Rumson, NJ, Fireworks Display...... Date: July 3, 2011.
Rain Date: July 4,
2011.
Time: 8:45 p.m. to
10:15 p.m.
Launch site: A barge
located in approximate
position 40[deg]22'42'' N
074[deg]01'07'' W (NAD 1983),
approximately 550 yards south
of the Oceanic Bridge. This
Safety Zone is a 300-yard
radius from the barge.
------------------------------------------------------------------------
3.0 Hudson River
------------------------------------------------------------------------
3.1 City of Poughkeepsie, Fireworks Date: July 4, 2011.
Display. Rain Date: July 5,
2011.
Time: 9 p.m. to 10:30
p.m.
Launch site: A barge
located in approximate
position 41[deg]42'24.50'' N
073[deg]56'44.16'' W (NAD
1983), approximately 420 yards
north of the Mid Hudson
Bridge. This Safety Zone is a
300-yard radius from the
barge.
------------------------------------------------------------------------
4.0 Western Long Island Sound
------------------------------------------------------------------------
4.1 Larchmont Yacht Club Fireworks Date: July 4, 2011.
Display. Rain Date: July 5,
2011.
Time: 9 p.m. to 10:20
p.m.
Launch site: A barge
located in approximate
position 40[deg]55'17.3'' N,
073[deg]44'13.8'' W (NAD
1983), approximately 620 yards
northwest of Umbrella Point.
This Safety Zone is a 240-yard
radius from the barge.
------------------------------------------------------------------------
4.2 City of Rochelle, NY, Echo Bay Date: July 4, 2011.
Harbor Fireworks Display. Rain Date: July 5,
2011.
Time: 9 p.m. to 10:20
p.m.
Launch site: A shore
launch located in approximate
position 40[deg]54'34.4'' N,
073[deg]45'56.6'' W (NAD
1983). This Safety Zone is a
180-yard radius from the
launch site.
------------------------------------------------------------------------
5.0 Raritan Bay
------------------------------------------------------------------------
5.1 Keyport Firemen's Fair Fireworks Date: July 23, 2011.
Display Rain Date: July 24,
2011.
Time: 10:30 p.m. to 12
a.m.
Launch site: A barge
located in approximate
position 40[deg]26'24'' N.
074[deg]12'18'' W (NAD 1983),
approximately 200 yards north
of Keyport, NJ shoreline. This
Safety Zone is a 150-yard
radius from the barge.
------------------------------------------------------------------------
[[Page 43128]]
Table 2 to Sec. 165.T01-0565
------------------------------------------------------------------------
------------------------------------------------------------------------
1.0 East River
------------------------------------------------------------------------
1.1 Brooklyn Bridge Swim............... Event Type: Swim
Event.
Date: July 30, 2011.
Rain Date: July 31,
2011.
Time: 9 a.m. to 12
p.m.
Location: Participants
will swim between Brooklyn and
Manhattan, New York crossing
the East River along the
Brooklyn Bridge.
Rain Date: July 31,
2011.
Time: 10:05 a.m. to
11:55 a.m.
------------------------------------------------------------------------
2.0 Western Long Island Sound
------------------------------------------------------------------------
2.1 Swim Across America................ Event Type: Swim
Event.
Date: July 30, 2011.
Rain Date: NA.
Time: 5:30 a.m. to
10:30 a.m.
Location: Participants
will swim between Glen Cove
and Larchmont, New York and an
area of Hempstead Harbor
between Glen Cove and the
vicinity of Umbrella Point.
------------------------------------------------------------------------
3.0 Hudson River
------------------------------------------------------------------------
3.1 Hudson Valley Triathlon............ Event Type: Swim
Event.
Date: July 24, 2011.
Rain Date: NA.
Time: 5 a.m to 11 a.m.
The following area is
a safety zone: All waters of
the Hudson River in the
vicinity of Ulster Landing,
Bound by the following points:
42[deg]00'03.7'' N,
073[deg]56'43.1'' W; thence to
41[deg]59'52.5'' N,
073[deg]56'34.2'' W; thence to
42[deg]00'15.1'' N,
073[deg]56'25.2'' W
thence to
42[deg]00'05.4'' N,
073[deg]56'41.9'' W; thence
along the shoreline to the
point of beginning.
------------------------------------------------------------------------
Dated: July 1, 2011.
L.L. Fagan,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2011-18284 Filed 7-19-11; 8:45 am]
BILLING CODE 9110-04-P
