Safety Zones; Fireworks Displays in Captain of the Port Long Island Sound Zone, 61947-61950 [2011-25816]
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Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations
is corrected to read ‘‘§ 1.170A–9T(f)(9).
The final regulations’’.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. 2011–25776 Filed 10–5–11; 8:45 am]
BILLING CODE 4830–01–P
Correction of Publication
Accordingly, 26 CFR part 602 is
corrected by making the following
correcting amendment:
PART 602—OMB CONTROL NUMBER
UNDER THE PAPERWORK
REDUCTIONS ACT
Paragraph 1. The authority citation
for part 602 continues to read as
follows:
■
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Authority: 26 U.S.C. 7805.
[TD 9543]
Par. 2. In § 602.101, paragraph (b) is
amended by adding the following entry
in numerical order to the table:
RIN 1545–BA99
§ 602.101
■
26 CFR Part 301
Timely Mailing Treated as Timely Filing
Internal Revenue Service,
Treasury.
ACTION: Correcting amendment.
AGENCY:
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CFR part or section where
identified and described
This document contains
corrections to final regulations (TD
9543) that were published in the
Federal Register on Tuesday, August
23, 2011 (76 FR 52561), the regulations
provide guidance on the proper use of
registered or certified mail, or a service
of a private delivery service designated
under criteria established by the
Internal Revenue Service, will
constitute prima facie evidence of
delivery. The regulations affect
taxpayers who mail Federal tax
documents to the Internal Revenue
Service or the United States Tax Court.
DATES: This correction is effective on
October 6, 2011 and applies to any
payment or document mailed and
delivered in accordance with the
requirements of § 301.7502–1 in an
envelope bearing a postmark dated after
September 21, 2004.
FOR FURTHER INFORMATION CONTACT:
Steven Karon, (202) 622–4570 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
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301.7502–1 ...........................
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Current OMB
control No.
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1545–1899
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Diane O. Williams,
Federal Register Liaison, Publications and
Regulations Branch, Legal Processing
Division, Associate Chief Counsel, Procedure
and Administration.
[FR Doc. 2011–25616 Filed 10–5–11; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0870]
RIN 1625–AA00
Safety Zones; Fireworks Displays in
Captain of the Port Long Island Sound
Zone
Background
AGENCY:
The final regulations (TD 9543) that is
the subject of this correction is under
section 602 of the Internal Revenue
Code.
ACTION:
Need for Correction
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OMB Control numbers.
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(b) * * *
As published on August 23, 2011 (76
FR 52561), the final regulations (TD
9543) contains an error that may prove
to be misleading and is in need of
clarification.
Lists of Subjects in 26 CFR Part 602
Reporting and recordkeeping
requirements.
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Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing safety zones for 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
these 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
from October 6, 2011 until 10:30 p.m.
on October 28, 2011. This rule is
SUMMARY:
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61947
effective with actual notice for purposes
of enforcement from 8:30 p.m. on
September 24, 2011 until 10:30 p.m. on
October 28, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0870 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0870 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, U. S.
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 potential safety hazards
associated with these events. We spoke
to the event sponsors, and they are
unable and unwilling to move their
event dates for the following reasons.
The sponsor for CDM Chamber of
Commerce Annual Music Festival
Fireworks submitted a marine event
application with sufficient notice to the
Coast Guard. This fireworks display is a
recurring marine event with a
corresponding entry in a proposed
permanent rule for which the NPRM
just closed its public comment period
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Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations
(docket number USCG–2008–0384); No
public comments were received. The
Coast Guard is establishing this
temporary safety zone to provide for
safety of life during this year’s event.
The sponsor for the Dooley Wedding
Fireworks stated their event is held in
conjunction with a wedding that cannot
be moved. The sponsor was not aware
of the requirements for submitting a
marine event application 135 days in
advance resulting in a late notification
to the Coast Guard. The sponsor is now
aware of the reporting requirements.
The sponsor for the Charles W.
Morgan 70th Anniversary Fireworks
Display stated they are unable and
unwilling to reschedule their event
because it is held in conjunction with a
70th anniversary festival that cannot be
moved. Rescheduling the event would
not be a viable option because the
festival is a large public event with
numerous venders already scheduled.
This is a first time event, the sponsor
was not aware of the requirements for
submitting a marine event application
135 days in advance, resulting in a late
notification to the Coast Guard. The
sponsor is now aware of the reporting
requirements. 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 potential safety hazards associated
with these events including unexpected
pyrotechnics detonation and burning
debris.
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Basis and Purpose
The legal basis for this temporary rule
is 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; 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 safety zones.
This temporary rule establishes safety
zones for fireworks displays. Fireworks
displays 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 Sound has
determined that fireworks displays
proximate to watercrafts pose significant
risk to public safety and property.
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In order to protect the safety of all
waterway users including event
participants and spectators, this
temporary rule establishes safety zones
for the time and location of each event.
Discussion of Rule
This temporary rule establishes safety
zones for three fireworks displays in the
COTP Long Island Sound Zone. These
events are listed below in the text of the
regulation in table format.
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 unexpected pyrotechnics
detonation and burning debris.
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.
The Coast Guard has 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 COTP will
cause public notifications to be made by
all appropriate means including but not
limited to 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 and
cover only a small portion of the
navigable waterways. Furthermore,
vessels may transit the navigable
waterways outside of the regulated
areas. Vessels requiring entry into the
regulated areas may be authorized to do
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so by the COTP or the designated
representative.
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
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 areas during
the enforcement periods stated for each
event listed below in the List of
Subjects.
The temporary safety zones will not
have a significant economic impact on
a substantial number of small entities
for the following reasons: The regulated
areas will be of limited size and of short
duration, and vessels that can safely do
so may navigate in all other portions of
the waterways except for the areas
designated as regulated areas.
Additionally, notifications will be made
before the effective period by all
appropriate means, including but not
limited to 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
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Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations
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.
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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
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61949
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.
involves the establishment of safety
zones.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
Energy Effects
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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
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
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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;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; and
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T01–0870 to read as
follows:
■
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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§ 165.T01–0870 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 events listed in
the TABLE of § 165.T01–0870. These
regulations will be enforced for the
duration of each event.
(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
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Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations
channel 16 or by telephone at (203)
468–4404 to obtain permission to do so.
(d) Spectators 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 delay or terminate
any marine event in this subpart at any
time it is deemed necessary to ensure
the safety of life or property.
(f) The regulated area for all fireworks
displays listed in the TABLE of
§ 165.T01–0870 is that area of navigable
waters within a 1000 foot radius of the
launch platform or launch site for each
fireworks display. 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 OF § 165.T01–0870
Fireworks display events
1
CDM Chamber of Commerce Annual Music Festival Fireworks ........
•
•
•
•
2
Dooley Wedding Fireworks .................................................................
•
•
•
•
3
Charles W. Morgan 70th Anniversary Fireworks ................................
•
•
•
Dated: September 23, 2011.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2011–25816 Filed 10–5–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0800]
RIN 1625–AA87
Security Zones, 2011 Asia-Pacific
Economic Cooperation Conference,
Oahu, HI
Coast Guard, DHS.
ACTION: Temporary interim rule; request
for comments.
AGENCY:
The Coast Guard is
establishing four temporary security
zones on the navigable waters of Oahu’s
southern and western shores in support
of the Asia-Pacific Economic
Cooperation (APEC) conference in
Oahu, Hawaii. The establishment of
these security zones is necessary to
ensure the safety of all APEC attendees
to include the President of the United
States, as well as numerous foreign
dignitaries and senior government
officials. Entry into the temporary
security zones established by this rule is
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SUMMARY:
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Date: September 24, 2011.
Rain date: September 25, 2011.
Time: 8:30 p.m. to 10:30 p.m.
Location: A point off of Cedar Beach Town Park, Mount Sinai, NY in
approximate position 40°57′54.02″ N, 073°01′57.52″ W (NAD 83).
Date: October 1, 2011.
Rain Date: October 2, 2011.
Time: 8:30 p.m. to 10:30 p.m.
Location: A point off of Oyster Bay Harbor, Mill Neck, NY in approximate position 40°53′04.27″ N, 073°32′38.53″ W (NAD 83).
Date: October 28, 2011.
Time: 8:30 p.m. to 10:30 p.m.
Location: A point on the Mystic River, Mystic, CT in approximate position 41°21′56.455″ N, 071°57′58.32″ W (NAD 83).
prohibited unless authorized by the
Coast Guard Captain of the Port,
Honolulu, or her designated
representatives.
DATES: This rule will be effective from
11 p.m. HST on November 9, 2011
through 11 p.m. HST on November 16,
2011. The § 165.T14–0800 (a)(2) and (4)
security zones, West Waikiki and Ala
Wai Harbor and Canal, will be enforced
from 11 p.m. HST on November 9, 2011
through 11 p.m. HST on November 16,
2011. The § 165.T14–0800 (a)(1) security
zone, Ko’olina Offshore, will be
enforced from 11 p.m. HST on
November 12, 2011, to 11 p.m. HST on
November 13, 2011. The § 165.T14–
0800 (a)(3) security zone, East Waikiki,
will be enforced from 12 a.m. HST to 11
p.m. HST on November 12, 2011.
Comments and related material must
be submitted to the Coast Guard no later
than October 17, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0800 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
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Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this interim rule,
call or e-mail Lt. Scott O. Whaley, U.S.
Coast Guard; telephone 808–522–8264
(ext. 352), e-mail
Scott.O.Whaley@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0800),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
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]]>Agencies
[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Rules and Regulations]
[Pages 61947-61950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25816]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0870]
RIN 1625-AA00
Safety Zones; Fireworks Displays in Captain of the Port Long
Island Sound Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing safety zones for 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 these 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 from October 6, 2011 until
10:30 p.m. on October 28, 2011. This rule is effective with actual
notice for purposes of enforcement from 8:30 p.m. on September 24, 2011
until 10:30 p.m. on October 28, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0870 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0870 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, U. S. 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 potential safety hazards
associated with these events. We spoke to the event sponsors, and they
are unable and unwilling to move their event dates for the following
reasons.
The sponsor for CDM Chamber of Commerce Annual Music Festival
Fireworks submitted a marine event application with sufficient notice
to the Coast Guard. This fireworks display is a recurring marine event
with a corresponding entry in a proposed permanent rule for which the
NPRM just closed its public comment period
[[Page 61948]]
(docket number USCG-2008-0384); No public comments were received. The
Coast Guard is establishing this temporary safety zone to provide for
safety of life during this year's event.
The sponsor for the Dooley Wedding Fireworks stated their event is
held in conjunction with a wedding that cannot be moved. The sponsor
was not aware of the requirements for submitting a marine event
application 135 days in advance resulting in a late notification to the
Coast Guard. The sponsor is now aware of the reporting requirements.
The sponsor for the Charles W. Morgan 70th Anniversary Fireworks
Display stated they are unable and unwilling to reschedule their event
because it is held in conjunction with a 70th anniversary festival that
cannot be moved. Rescheduling the event would not be a viable option
because the festival is a large public event with numerous venders
already scheduled. This is a first time event, the sponsor was not
aware of the requirements for submitting a marine event application 135
days in advance, resulting in a late notification to the Coast Guard.
The sponsor is now aware of the reporting requirements. 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 potential safety hazards associated with these
events including unexpected pyrotechnics detonation and burning debris.
Basis and Purpose
The legal basis for this temporary rule is 33 U.S.C. 1226, 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; 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 safety
zones.
This temporary rule establishes safety zones for fireworks
displays. Fireworks displays 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 Sound has determined that fireworks displays proximate
to watercrafts pose significant risk to public safety and property.
In order to protect the safety of all waterway users including
event participants and spectators, this temporary rule establishes
safety zones for the time and location of each event.
Discussion of Rule
This temporary rule establishes safety zones for three fireworks
displays in the COTP Long Island Sound Zone. These events are listed
below in the text of the regulation in table format.
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 unexpected pyrotechnics detonation
and burning debris.
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.
The Coast Guard has 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 COTP will
cause public notifications to be made by all appropriate means
including but not limited to 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 and cover only a small portion of the navigable
waterways. Furthermore, vessels may transit the navigable waterways
outside of the regulated areas. Vessels requiring entry into the
regulated areas may be authorized to do so by the COTP or the
designated representative.
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
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 areas during the
enforcement periods stated for each event listed below in the List of
Subjects.
The temporary safety zones will not have a significant economic
impact on a substantial number of small entities for the following
reasons: The regulated areas will be of limited size and of short
duration, and vessels that can safely do so may navigate in all other
portions of the waterways except for the areas designated as regulated
areas. Additionally, notifications will be made before the effective
period by all appropriate means, including but not limited to 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
[[Page 61949]]
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions 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
safety zones.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; and Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T01-0870 to read as follows:
Sec. 165.T01-0870 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 events listed in the TABLE of Sec.
165.T01-0870. These regulations will be enforced for the duration of
each event.
(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
[[Page 61950]]
channel 16 or by telephone at (203) 468-4404 to obtain permission to do
so.
(d) Spectators 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 delay or terminate
any marine event in this subpart at any time it is deemed necessary to
ensure the safety of life or property.
(f) The regulated area for all fireworks displays listed in the
TABLE of Sec. 165.T01-0870 is that area of navigable waters within a
1000 foot radius of the launch platform or launch site for each
fireworks display. 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 of Sec. 165.T01-0870
------------------------------------------------------------------------
Fireworks display events
------------------------------------------------------------------------
1 CDM Chamber of Commerce Annual Music Date: September 24,
Festival Fireworks. 2011.
Rain date: September
25, 2011.
Time: 8:30 p.m. to
10:30 p.m.
Location: A point off
of Cedar Beach Town Park,
Mount Sinai, NY in approximate
position 40[deg]57'54.02'' N,
073[deg]01'57.52'' W (NAD 83).
2 Dooley Wedding Fireworks............. Date: October 1, 2011.
Rain Date: October 2,
2011.
Time: 8:30 p.m. to
10:30 p.m.
Location: A point off
of Oyster Bay Harbor, Mill
Neck, NY in approximate
position 40[deg]53'04.27'' N,
073[deg]32'38.53'' W (NAD 83).
3 Charles W. Morgan 70th Anniversary Date: October 28,
Fireworks. 2011.
Time: 8:30 p.m. to
10:30 p.m.
Location: A point on
the Mystic River, Mystic, CT
in approximate position
41[deg]21'56.455'' N,
071[deg]57'58.32'' W (NAD 83).
------------------------------------------------------------------------
Dated: September 23, 2011.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2011-25816 Filed 10-5-11; 8:45 am]
BILLING CODE 9110-04-P
