Safety Zones; Annually Recurring Marine Events in Coast Guard Southeastern New England Captain of the Port Zone, 30188-30194 [2012-12316]
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30188
Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations
effort by submitting written comments
on the proposal to the FAA. No
comments were received.
Class E airspace designations are
published in paragraph 6002 and 6005,
respectively, of FAA Order 7400.9V
dated August 9, 2011, and effective
September 15, 2011, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in that Order.
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The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) Part 71 by
amending Class E surface airspace, and
Class E airspace extending upward from
700 feet above the surface, at Rock
Springs-Sweetwater County Airport.
Airspace reconfiguration is necessary
due to the decommissioning of the Rock
Springs TACAN. Also, the geographic
coordinates of the airport are updated to
coincide with the FAA’s aeronautical
database. This action is necessary for
the safety and management of IFR
operations at the airport.
The FAA has determined this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
Current. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified this rule, when promulgated,
will not have a significant economic
impact on a substantial number of small
entities under the criteria of the
Regulatory Flexibility Act. The FAA’s
authority to issue rules regarding
aviation safety is found in Title 49 of the
U.S. Code. Subtitle 1, Section 106
discusses the authority of the FAA
Administrator. Subtitle VII, Aviation
Programs, describes in more detail the
scope of the agency’s authority. This
rulemaking is promulgated under the
authority described in Subtitle VII, Part
A, Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it amends
controlled airspace at Rock SpringsSweetwater County Airport, Rock
Springs, WY.
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Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1E, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 311a. This airspace action is
not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
and 6.3 miles south of the Rock SpringsSweetwater County Airport 269° and 089°
bearings extending from the 10.1-mile radius
to 23.4 miles west and 20.4 miles east of the
airport, and within 2.2 miles north and 4.4
miles south of the Rock Springs-Sweetwater
County Airport 109° bearing extending to
18.6 miles east of the airport; that airspace
extending upward from 1,200 feet above the
surface within a 20.1-mile radius of the Rock
Springs VOR/DME, including that airspace
bounded on the north by V–4 and V–6, on
the southeast by V–208, and on the
southwest by V–328.
Issued in Seattle, Washington, on May 11,
2012.
Robert Henry,
Acting Manager, Operations Support Group,
Western Service Center.
Adoption of the Amendment
[FR Doc. 2012–12324 Filed 5–21–12; 8:45 am]
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
BILLING CODE 4910–13–P
PART 71—DESIGNATION OF CLASS A,
B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
Part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9V, Airspace
Designations and Reporting Points,
dated August 9, 2011, and effective
September 15, 2011 is amended as
follows:
■
Paragraph 6002 Class E airspace designated
as surface areas.
*
*
*
*
*
ANM WY E2 Rock Springs, WY [Modified]
Rock Springs-Sweetwater County Airport,
WY
(Lat. 41°35′39″ N., long. 109°03′55″ W.)
Within 4.8 miles each side of the Rock
Springs-Sweetwater County Airport 095° and
275° bearings extending from the airport to
13.5 miles west and 13.2 miles east.
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
*
ANM WY E5 Rock Springs, WY [Modified]
Rock Springs-Sweetwater County Airport,
WY
(Lat. 41°35′39″ N., long. 109°03′55″ W.)
Rock Springs VOR/DME
(Lat. 41°35′25″ N., long. 109°00′55″ W.)
That airspace extending upward from 700
feet above the surface within a 10.1-mile
radius of the Rock Springs-Sweetwater
County Airport, and within 8.5 miles north
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG–2011–1026]
RIN 1625–AA08; AA00
Safety Zones; Annually Recurring
Marine Events in Coast Guard
Southeastern New England Captain of
the Port Zone
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
special local regulations and
establishing permanent safety zones in
Coast Guard Southeastern New England
Captain of the Port (COTP) Zone for
annually recurring marine events.
DATES: This rule is effective June 21,
2012.
SUMMARY:
Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–1026 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–1026 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call Mr.
Edward G. LeBlanc at Coast Guard
ADDRESSES:
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Sector Southeastern New England, 401–
435–2351. If you have questions on
viewing the docket, please call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 3, 2012, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Safety Zones; Annually
Recurring Marine Events in Coast Guard
Southeastern New England Captain of
the Port Zone’’ in the Federal Register
(77 FR 5463). We received no comments
on the proposed rule.
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Basis and Purpose
The legal basis for the rule is 33
U.S.C. 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, 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 safety zones.
Many marine events are held annually
on a recurring basis on or over the
navigable waters within the Coast Guard
Southeastern New England COTP Zone.
These events include sailing regattas,
powerboat races, rowboat races,
parades, swim events, air shows, and
fireworks displays. This rule will
consistently apprise the public of
recurring marine events in the Coast
Guard Southeastern New England COTP
Zone in a timely manner through
permanent publication in Title 33 of the
Code of Federal Regulations. The Table
in this rule lists each annually recurring
event requiring a regulated area as
administered by the Coast Guard.
By establishing permanent regulations
for these events, the Coast Guard
eliminates the need to establish
temporary rules for events that occur on
an annual basis. This rule also amends
local regulations for events already
contained in 33 CFR Part 100 both to
update event information as well as to
move fireworks displays to part 165, a
citation that better meets the Coast
Guard’s intended purpose of ensuring
safety during these events.
Background
This rule removes sections 33 CFR
100.112, 100.113, 100.116, revises 33
CFR 100.114, and adds a new section,
33 CFR 165.173. The rule removes seven
outdated marine events and establishes
permanent regulated areas in
conjunction with 24 other recurring
marine events. The rule applies to each
recurring marine event listed in the
attached Table in the Coast Guard
Southeastern New England COTP Zone.
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The Table provides the event name,
type, and approximate safety zone
dimensions as well as approximate
dates, times, and locations of the events.
The specific times, dates, regulated
areas and enforcement period for each
event will be provided through the
Local Notice to Mariners, Broadcast
Notice to Mariners or through a Notice
of Enforcement published in the Federal
Register.
Three fireworks displays include
safety zones which may be enforced 365
days a year. The purpose of these 365
day safety zones is to permit sponsors
the flexibility to hold similar fireworks
displays at the same location on
different days and for different events
without the need of creating temporary
final rules. These three 365 day Safety
Zones can be found in section 1.0 in the
Table below.
The particular size of the safety zones
established for each event will be
reevaluated on an annual basis in
accordance with Navigational and
Vessel Inspection Circular (NVIC) 07–
02, Marine Safety at Firework Displays,
the National Fire Protection Association
Standard 1123, Code for Fireworks
Displays (100-foot distance per inch of
diameter of the fireworks mortars), and
other pertinent regulations and
publications.
Discussion of Comments and Changes
No comments were received, and no
changes were made to the language
contained in the NPRM.
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.
We expect minimal additional cost
impacts to the industry because this rule
is not imposing fees, permits, or
specialized requirements for the
maritime industry to utilize this
anchorage area. The effect of this rule is
not significant as it only updates
currently listed annually recurring
events, and serves to permanently
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30189
publish special local regulations and
safety zones for annually recurring
events that heretofore had been
published on an individual case-by-case
basis.
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 may affect the following
entities, some of which might be small
entities: Owners or operators of vessels
intending to transit, fish, or anchor in
the areas where the listed annually
recurring events are being held.
This rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: Vessels will only be
restricted from safety zones for a short
duration of time; vessels may transit in
portions of the affected waterway except
for those areas covered by this rule; and
vessels may enter or pass through the
affected waterway with the permission
of the COTP or the COTP’s
representative. The Coast Guard has
promulgated safety zones or special
local regulations in accordance with 33
CFR parts 100 and 165 for all event
areas in the past and has not received
notice of any negative impact caused by
any of the safety zones or special local
regulations; and notifications will be
made to the local maritime community
through the Local Notice to Mariners
well in advance of the events. If the
event does not have a date listed, then
exact dates and times of the
enforcement period will be announced
through a Notice of Enforcement in the
Federal Register. No new or additional
restrictions would be imposed on vessel
traffic.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding this rule so
that they can better evaluate its effects
on them and participate in the
rulemaking process.
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Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
state, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
does not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
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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
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
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Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. Any comments made in
response to the previously published
Notice of Proposed Rulemaking for this
action were also considered in arriving
at this conclusion. This rule is
categorically excluded, under figure 2–
1, paragraphs (34)(g) and (34)(h) of the
Instruction since it involves
establishment of safety zones for
annually recurring marine events,
including marine related fireworks
events and special local regulations for
regattas. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
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 parts 100 and 165 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
reads as follows:
■
Authority: 33 U.S.C. 1233.
■
2. Remove §§ 100.112 and 100.113.
§ 100.114
[Amended]
3. Remove the following entries in the
‘‘Fireworks Display Table’’ in § 100.114
(along with the associated
‘‘Massachusetts’’ and ‘‘Rhode Island’’
titles and the headings for August,
September, October and December) as
follows: 7.16, 7.18, 7.19, 7.20, 7.21, 7.22,
7.24, 7.25, 7.26, 7.27, 7.28, 7.38, 8.2, 8.5,
9.4, 10.1, 12.2, 12.3, and 12.5.
■ 4. Remove § 100.116.
■
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
5. The authority citation for part 165
reads as follows:
■
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Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations
Authority: 33 U.S.C. 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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
6. Add a new § 165.173 to read as
follows:
■
§ 165.173 Safety Zones for annually
recurring marine events held in Coast
Guard Southeastern New England Captain
of the Port Zone.
(a) Regulations. (1) 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 the Table to
§ 165.173. These regulations may be
enforced for the duration of each event.
(2) Notifications will be made to the
local maritime community through the
Local Notice to Mariners well in
advance of the events. If the event does
not have a date listed, then exact dates
and times of the enforcement period
will be announced through a Notice of
Enforcement in the Federal Register.
Note to paragraph (a): Although listed in
the Code of Federal Regulations, sponsors of
events listed in the Table shall submit an
application each year in accordance with 33
CFR 100.15.
(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, Southeastern New England
(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) The Coast Guard may patrol each
event area under the direction of a
designated Coast Guard Patrol
Commander. The Patrol Commander
may be contacted on Channel 16 VHF–
FM (156.8 MHz) by the call sign
‘‘PATCOM.’’ The ‘‘official patrol
vessels’’ may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the Captain of the Port,
Southeastern New England.
(d) Vessels may not transit the
regulated areas without Patrol
Commander approval. Vessels permitted
to transit must operate at a no wake
speed, in a manner which will not
30191
endanger participants or other crafts in
the event.
(e) Spectators or other vessels shall
not anchor, block, loiter, or impede the
movement of event participants or
official patrol vessels in the regulated
areas during the effective dates and
times, or dates and times as modified
through a Notice of Enforcement
published in the Federal Register,
unless authorized by an official patrol
vessel.
(f) The Patrol Commander may
control the movement of all vessels in
the regulated area. When hailed or
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the lawful directions
issued. Failure to comply with a lawful
direction may result in expulsion from
the area, citation for failure to comply,
or both.
(g) The Patrol Commander may delay
or terminate any event in this subpart at
any time to ensure safety. Such action
may be justified as a result of weather,
traffic density, spectator operation or
participant behavior.
(h) For all fireworks displays listed
below, the regulated area is that area of
navigable waters within the specified
radius of the launch platform or launch
site for each fireworks display, unless
modified later in a Notice of
Enforcement published in the Federal
Register.
TABLE TO § 165.173
365 DAY JANUARY–DECEMBER
1.1
Provincetown Fireworks ............................................
• Event Type: Fireworks Display.
• Date: Enforced on any day during the duration of the event as specified by a Notice of Enforcement published in the Federal Register.
• Time: Approximately 5:00 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of the Provincetown Harbor, Provincetown,
MA.
• Position: Within 500 yards of 41°28′44″ N, 070°10′83″ W (NAD 83).
• Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks
barge.
1.2
Providence Fireworks ................................................
• Event Type: Fireworks Display.
• Date: Enforced on any day during the duration of the event as specified by a Notice of Enforcement published in the Federal Register.
• Time: Approximately 5:00 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of the Hurricane Barrier in the Providence
River, Providence, RI.
• Position: Within 500 yards of 41°48′50″ N, 071°23′43″ W (NAD 83).
• Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks
barge.
1.3
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1.0
Fall River Fireworks ...................................................
• Event Type: Fireworks Display.
• Date: Enforced on any day during the duration of the event as specified by a Notice of Enforcement published in the Federal Register.
• Time: Approximately 5:00 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of Battleship Cove, Fall River, MA.
• Position: Within 500 yards of 41°42′37″ N, 071°09′53″ W (NAD 83).
• Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks
barge.
6.0
JUNE
6.1
Oak Bluffs Summer Solstice .....................................
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• Event Type: Fireworks Display.
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Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations
TABLE TO § 165.173—Continued
•
•
•
•
•
Date: One night on the 3rd or 4th weekend of June.
Time: Approximately 8:00 p.m. to 11:59 p.m.
Location: From a barge in the vicinity of Town Beach, Oak Bluffs, MA.
Position: Within 500 yards of 41°27′19″ N, 070°33′08″ W (NAD 83).
Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks
barge.
•
•
•
•
RI National Guard Air Show ......................................
7.0
JULY
7.1
Marion 4th of July Fireworks .....................................
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice
to Mariners.
• Time: Approximately 8:00 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of Outer Sipican Harbor, Marion, MA.
• Position: Within 500 yards of 41°42′17″ N, 070°45′08″ W (NAD 83).
• Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks
barge.
7.2
Oyster Harbors July 4th Festival ...............................
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice
to Mariners.
• Time: Approximately 8:00 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of Tim’s Cove, North Bay, Osterville, MA.
• Position: Within 500 yards of 41°37′29″ N, 070°25′12″ W (NAD 83).
• Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks
barge.
7.3
North Kingstown Fireworks Display. .........................
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice
to Mariners.
• Time: Approximately 8:00 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of Town Beach, North Kingston, RI.
• Position: Within 500 yards of 41°33′59″ N, 071°26′23″ W (NAD 83).
• Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks
barge.
7.4
Falmouth Fireworks ...................................................
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice
to Mariners.
• Time: Approximately 8:00 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of Falmouth Beach, Falmouth, MA.
• Position: Within 500 yards of 41°32′27″ N, 070°35′26″ W (NAD 83).
• Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks
barge.
7.5
Town of Nantucket Fireworks ....................................
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice
to Mariners.
• Time: Approximately 8:00 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of Jetties Beach, Nantucket Sound, MA.
• Position: Within 500 yards of 41°19′00″ N, 070°06′30″ W (NAD 83).
• Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks
barge.
7.6
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6.2
City of Newport 4th of July Fireworks .......................
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice
to Mariners.
• Time: Approximately 8:00 p.m. to 11:59 p.m.
• Location: From the shore in the vicinity of Fort Adams, Newport, RI.
• Position: Within 500 yards of 41°28′49″ N, 071°20′12″ W (NAD 83).
• Safety Zone Dimension: Approximately 350 yard radius circle around the launch
site.
7.7
Town of Barnstable/Hyannis July 4th Fireworks .......
• Event Type: Fireworks Display.
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Date: One weekend (Friday, Saturday, and Sunday) in June or July.
Time: Approximately 9:00 a.m. to 7:00 p.m.
Location: (1) All waters over the West Passage of Narragansett Bay, in the vicinity
of the Quonset State Airport, North Kingston, RI which are within a 4000-yard radius arc extending from position 41°35′44″ N, 071°24′14″ W (NAD 83); and (2) All
waters over the West Passage of Narragansett Bay, in the vicinity of Narragansett
Pier, Narragansett, RI, which are within a 2000-yard radius arc extending from position 41°26′17″ N, 071°27′02″ W (NAD 83) (Friday only).
• Safety Zone Dimension: Approximately 1000 yards long by 1000 yards wide.
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30193
TABLE TO § 165.173—Continued
• Date: One night between July 1st and July 10th, as announced in the Local Notice
to Mariners.
• Time: Approximately 8:00 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of Lewis Bay, Hyannis, MA.
• Position: Within 500 yards of 41°38′20″ N, 070°15′08″ W (NAD 83).
• Safety Zone Dimension: Approximately 350 yard radius circle around the fireworks
barge.
Edgartown 4th of July Fireworks Celebration ...........
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice
to Mariners.
• Time: Approximately 8:00 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of Edgartown Outer Harbor, Edgartown, MA.
• Position: Within 500 yards of 41°22′39″ N, 070°30′14″ W (NAD 83).
• Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks
barge.
7.9
City of New Bedford Fireworks Display ....................
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice
to Mariners.
• Time: Approximately 8:00 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of New Bedford Harbor, New Bedford, MA.
• Position: Within 500 yards of 41°37′55″ N, 070°54′44″ W (NAD 83).
• Safety Zone Dimension: Approximately 250 yard radius circle around the fireworks
barge.
7.10
Onset Fireworks ......................................................
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice
to Mariners.
• Time: Approximately 8:00 p.m. to 11:59 p.m.
• Location: On the shore, in the vicinity of Shellpoint Beach, Onset, MA.
• Position: Within 500 yards of 41°44′13″ N, 070°39′51″ W (NAD 83).
• Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks
launch site.
7.11
Bristol 4th of July Fireworks ....................................
• Event Type: Fireworks Display.
• Date: One night between July 1st and July 10th, as announced in the Local Notice
to Mariners.
• Time: Approximately 8:00 p.m. to 11:59 p.m.
• Location: In the vicinity of Northern portion of the Bristol Harbor, Bristol, RI, on the
section of Poppasquash Rd separating the harbor and Mill Pond.
• Position: Within 500 yards of 41°40′53.4″ N, 071°17′00″ W (NAD 83).
• Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks
launch site.
7.12
Swim Buzzards Bay ................................................
• Event Type: Swim Event.
• Date: One Saturday or Sunday in July or August, as announced in the Local Notice to Mariners.
• Time: Start times will vary from 6:00 a.m. to 11:59 a.m., and last approximately
two hours until the last swimmer is ashore. Start time will be announced in advance in the Local Notice to Mariners.
• Location: The regulated area includes all waters in the vicinity of the Outer New
Bedford Harbor, within 500 yards along a centerline with an approximate start
point of 41°36′35″ N, 070°54′18″ W (NAD 83) and an approximate end point of
41°37′26″ N, 070°53′48″ W (NAD 83) at Davy’s Locker Restaurant in New Bedford, MA, to Fort Phoenix Beach in Fairhaven, MA.
• Safety Zone Dimension: 500 yards on either side of the centerline described
above.
7.13
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7.8
Save the Bay Swim .................................................
• Event Type: Swim Event.
• Date: One Saturday or Sunday in July or August, as announced in the Local Notice to Mariners.
• Time: Start time will vary from 6:00 a.m. to 11:59 a.m. and last for approximately
four hours, until the last swimmer is ashore. Start time will be announced in advance in the Local Notice to Mariners.
• Location: The regulated area includes all waters in the vicinity of the Newport/Pell
Bridge, East Passage of Narragansett Bay, along a centerline with an approximate
start point of 41°30′24″ N, 071°19′49″ W (NAD 83) and an approximate end point
of 41°30′39″ N, 071°21′50″ W (NAD 83), i.e., a line drawn from the Officers’ Club,
Coaster’s Harbor Island, Naval Station Newport, to Potter Cove, Jamestown.
• Safety Zone Dimension: 500 yards on either side of the centerline described
above.
8.0
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Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations
TABLE TO § 165.173—Continued
8.1
Boston Pops Nantucket .............................................
•
•
•
•
•
•
Event Type: Fireworks Display.
Date: One night in August as announced in the Local Notice to Mariners.
Time: Approximately 8:00 p.m. to 11:59 p.m.
Location: On the shore, in the vicinity of Jetties Beach, Nantucket, MA.
Position: Within 500 yards of 41°17′43″ N, 070°06′10″ W (NAD 83).
Safety Zone Dimension: Approximately 400 yard radius circle around the fireworks
barge.
8.2
Oak Bluffs Fireworks .................................................
•
•
•
•
•
•
Event Type: Fireworks Display.
Date: One night in August.
Time: Approximately 8:00 p.m. to 11:59 p.m.
Location: From a barge in the vicinity of Oak Bluffs Harbor, Oak Bluffs, MA.
Position: Within 500 yards of 41°27′27″ N, 070°33′17″ W (NAD 83).
Safety Zone Dimension: Approximately 350 yard radius circle around the fireworks
barge.
8.3
Newport Salute to Summer Fireworks ......................
• Event Type: Fireworks Display.
• Date: One night during the last two weekends in August or 1st weekend in September.
• Time: Approximately 8:00 p.m. to 11:59 p.m.
• Location: From a barge in the vicinity of Naval Station Newport, Newport, RI.
• Position: Within 500 yards of 41°30′15″ N, 071°19′50″ W (NAD 83).
• Safety Zone Dimension: Approximately 400 yard radius circle around the fireworks
barge.
9.0
SEPTEMBER
9.1
Provincetown Harbor Swim for Life ...........................
• Event Type: Swim Event.
• Date: On a day in September as announced in the Local Notice to Mariners.
• Time: Times will vary from 10:00 a.m. until the last swimmer is ashore, no later
than 2:00 p.m.
• Location: The regulated area includes all waters in the vicinity of the Provincetown
Harbor along a centerline between the start point, the Long Point Lighthouse. approximate position 42°01′59″ N, 070°10′07″ W (NAD 83), and the end point, the
Boatslip Resort, Provincetown, MA., approximate position 42°02′48″ N, 070°11′24″
W (NAD 83).
• Safety Zone Dimension: 250 yards on either side of the centerline described
above.
9.2
Spirit of Somerset Celebration ..................................
•
•
•
•
•
•
Event Type: Fireworks Display.
Date: One night in September, as announced in the Local Notice to Mariners.
Time: Approximately 8:00 p.m. to 11:59 p.m.
Location: On the shore, in the vicinity of Mallard Point, Somerset, MA.
Position: Within 500 yards of 41°46′18″ N, 071°07′14″ W (NAD 83).
Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks
launch site.
•
•
•
•
•
•
Event Type: Fireworks Display.
Date: One night in October, as announced in the Local Notice to Mariners.
Time: Approximately 7:00 p.m. to 11:59 p.m.
Location: On the shore, in the vicinity of Seagull Beach, West Yarmouth, MA.
Position: Within 500 yards of 41°38′06″ N, 070°13′13″ W (NAD 83).
Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks
launch site.
10.0
OCTOBER
10.1
Yarmouth Seaside Festival Fireworks .....................
Dated: May 7, 2012.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Southeastern New England.
[FR Doc. 2012–12316 Filed 5–21–12; 8:45 am]
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]]>Agencies
[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Rules and Regulations]
[Pages 30188-30194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12316]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG-2011-1026]
RIN 1625-AA08; AA00
Safety Zones; Annually Recurring Marine Events in Coast Guard
Southeastern New England Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending special local regulations and
establishing permanent safety zones in Coast Guard Southeastern New
England Captain of the Port (COTP) Zone for annually recurring marine
events.
DATES: This rule is effective June 21, 2012.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-1026 and are available online by going to
https://www.regulations.gov, inserting USCG-2011-1026 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Mr. Edward G. LeBlanc at Coast Guard
[[Page 30189]]
Sector Southeastern New England, 401-435-2351. If you have questions on
viewing the docket, please call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 3, 2012, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zones; Annually Recurring Marine Events in
Coast Guard Southeastern New England Captain of the Port Zone'' in the
Federal Register (77 FR 5463). We received no comments on the proposed
rule.
Basis and Purpose
The legal basis for the rule is 33 U.S.C. 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,
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 safety zones.
Many marine events are held annually on a recurring basis on or
over the navigable waters within the Coast Guard Southeastern New
England COTP Zone. These events include sailing regattas, powerboat
races, rowboat races, parades, swim events, air shows, and fireworks
displays. This rule will consistently apprise the public of recurring
marine events in the Coast Guard Southeastern New England COTP Zone in
a timely manner through permanent publication in Title 33 of the Code
of Federal Regulations. The Table in this rule lists each annually
recurring event requiring a regulated area as administered by the Coast
Guard.
By establishing permanent regulations for these events, the Coast
Guard eliminates the need to establish temporary rules for events that
occur on an annual basis. This rule also amends local regulations for
events already contained in 33 CFR Part 100 both to update event
information as well as to move fireworks displays to part 165, a
citation that better meets the Coast Guard's intended purpose of
ensuring safety during these events.
Background
This rule removes sections 33 CFR 100.112, 100.113, 100.116,
revises 33 CFR 100.114, and adds a new section, 33 CFR 165.173. The
rule removes seven outdated marine events and establishes permanent
regulated areas in conjunction with 24 other recurring marine events.
The rule applies to each recurring marine event listed in the attached
Table in the Coast Guard Southeastern New England COTP Zone. The Table
provides the event name, type, and approximate safety zone dimensions
as well as approximate dates, times, and locations of the events. The
specific times, dates, regulated areas and enforcement period for each
event will be provided through the Local Notice to Mariners, Broadcast
Notice to Mariners or through a Notice of Enforcement published in the
Federal Register.
Three fireworks displays include safety zones which may be enforced
365 days a year. The purpose of these 365 day safety zones is to permit
sponsors the flexibility to hold similar fireworks displays at the same
location on different days and for different events without the need of
creating temporary final rules. These three 365 day Safety Zones can be
found in section 1.0 in the Table below.
The particular size of the safety zones established for each event
will be reevaluated on an annual basis in accordance with Navigational
and Vessel Inspection Circular (NVIC) 07-02, Marine Safety at Firework
Displays, the National Fire Protection Association Standard 1123, Code
for Fireworks Displays (100-foot distance per inch of diameter of the
fireworks mortars), and other pertinent regulations and publications.
Discussion of Comments and Changes
No comments were received, and no changes were made to the language
contained in the NPRM.
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.
We expect minimal additional cost impacts to the industry because
this rule is not imposing fees, permits, or specialized requirements
for the maritime industry to utilize this anchorage area. The effect of
this rule is not significant as it only updates currently listed
annually recurring events, and serves to permanently publish special
local regulations and safety zones for annually recurring events that
heretofore had been published on an individual case-by-case basis.
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 may affect the following entities, some of which
might be small entities: Owners or operators of vessels intending to
transit, fish, or anchor in the areas where the listed annually
recurring events are being held.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessels
will only be restricted from safety zones for a short duration of time;
vessels may transit in portions of the affected waterway except for
those areas covered by this rule; and vessels may enter or pass through
the affected waterway with the permission of the COTP or the COTP's
representative. The Coast Guard has promulgated safety zones or special
local regulations in accordance with 33 CFR parts 100 and 165 for all
event areas in the past and has not received notice of any negative
impact caused by any of the safety zones or special local regulations;
and notifications will be made to the local maritime community through
the Local Notice to Mariners well in advance of the events. If the
event does not have a date listed, then exact dates and times of the
enforcement period will be announced through a Notice of Enforcement in
the Federal Register. No new or additional restrictions would be
imposed on vessel traffic.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding this rule so that they can
better evaluate its effects on them and participate in the rulemaking
process.
[[Page 30190]]
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a state, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule does 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 that do not individually or
cumulatively have a significant effect on the human environment. Any
comments made in response to the previously published Notice of
Proposed Rulemaking for this action were also considered in arriving at
this conclusion. This rule is categorically excluded, under figure 2-1,
paragraphs (34)(g) and (34)(h) of the Instruction since it involves
establishment of safety zones for annually recurring marine events,
including marine related fireworks events and special local regulations
for regattas. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
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 parts 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 reads as follows:
Authority: 33 U.S.C. 1233.
0
2. Remove Sec. Sec. 100.112 and 100.113.
Sec. 100.114 [Amended]
0
3. Remove the following entries in the ``Fireworks Display Table'' in
Sec. 100.114 (along with the associated ``Massachusetts'' and ``Rhode
Island'' titles and the headings for August, September, October and
December) as follows: 7.16, 7.18, 7.19, 7.20, 7.21, 7.22, 7.24, 7.25,
7.26, 7.27, 7.28, 7.38, 8.2, 8.5, 9.4, 10.1, 12.2, 12.3, and 12.5.
0
4. Remove Sec. 100.116.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
5. The authority citation for part 165 reads as follows:
[[Page 30191]]
Authority: 33 U.S.C. 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, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
6. Add a new Sec. 165.173 to read as follows:
Sec. 165.173 Safety Zones for annually recurring marine events held
in Coast Guard Southeastern New England Captain of the Port Zone.
(a) Regulations. (1) 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 the Table to Sec. 165.173. These
regulations may be enforced for the duration of each event.
(2) Notifications will be made to the local maritime community
through the Local Notice to Mariners well in advance of the events. If
the event does not have a date listed, then exact dates and times of
the enforcement period will be announced through a Notice of
Enforcement in the Federal Register.
Note to paragraph (a): Although listed in the Code of Federal
Regulations, sponsors of events listed in the Table shall submit an
application each year in accordance with 33 CFR 100.15.
(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,
Southeastern New England (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) The Coast Guard may patrol each event area under the direction
of a designated Coast Guard Patrol Commander. The Patrol Commander may
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM.'' The ``official patrol vessels'' may consist of any Coast
Guard, Coast Guard Auxiliary, state, or local law enforcement vessels
assigned or approved by the Captain of the Port, Southeastern New
England.
(d) Vessels may not transit the regulated areas without Patrol
Commander approval. Vessels permitted to transit must operate at a no
wake speed, in a manner which will not endanger participants or other
crafts in the event.
(e) Spectators or other vessels shall not anchor, block, loiter, or
impede the movement of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through a Notice of Enforcement published in the
Federal Register, unless authorized by an official patrol vessel.
(f) The Patrol Commander may control the movement of all vessels in
the regulated area. When hailed or signaled by an official patrol
vessel, a vessel shall come to an immediate stop and comply with the
lawful directions issued. Failure to comply with a lawful direction may
result in expulsion from the area, citation for failure to comply, or
both.
(g) The Patrol Commander may delay or terminate any event in this
subpart at any time to ensure safety. Such action may be justified as a
result of weather, traffic density, spectator operation or participant
behavior.
(h) For all fireworks displays listed below, the regulated area is
that area of navigable waters within the specified radius of the launch
platform or launch site for each fireworks display, unless modified
later in a Notice of Enforcement published in the Federal Register.
Table to Sec. 165.173
------------------------------------------------------------------------
------------------------------------------------------------------------
1.0 365 DAY JANUARY-DECEMBER
------------------------------------------------------------------------
1.1 Provincetown Fireworks........ Event Type: Fireworks
Display.
Date: Enforced on any day
during the duration of the event as
specified by a Notice of
Enforcement published in the
Federal Register.
Time: Approximately 5:00
p.m. to 11:59 p.m.
Location: From a barge in
the vicinity of the Provincetown
Harbor, Provincetown, MA.
Position: Within 500 yards
of 41[deg]28'44'' N,
070[deg]10'83'' W (NAD 83).
Safety Zone Dimension:
Approximately 300 yard radius
circle around the fireworks barge.
------------------------------------------------------------------------
1.2 Providence Fireworks.......... Event Type: Fireworks
Display.
Date: Enforced on any day
during the duration of the event as
specified by a Notice of
Enforcement published in the
Federal Register.
Time: Approximately 5:00
p.m. to 11:59 p.m.
Location: From a barge in
the vicinity of the Hurricane
Barrier in the Providence River,
Providence, RI.
Position: Within 500 yards
of 41[deg]48'50'' N,
071[deg]23'43'' W (NAD 83).
Safety Zone Dimension:
Approximately 300 yard radius
circle around the fireworks barge.
------------------------------------------------------------------------
1.3 Fall River Fireworks.......... Event Type: Fireworks
Display.
Date: Enforced on any day
during the duration of the event as
specified by a Notice of
Enforcement published in the
Federal Register.
Time: Approximately 5:00
p.m. to 11:59 p.m.
Location: From a barge in
the vicinity of Battleship Cove,
Fall River, MA.
Position: Within 500 yards
of 41[deg]42'37'' N,
071[deg]09'53'' W (NAD 83).
Safety Zone Dimension:
Approximately 200 yard radius
circle around the fireworks barge.
------------------------------------------------------------------------
6.0 JUNE
------------------------------------------------------------------------
6.1 Oak Bluffs Summer Solstice.... Event Type: Fireworks
Display.
[[Page 30192]]
Date: One night on the 3rd
or 4th weekend of June.
Time: Approximately 8:00
p.m. to 11:59 p.m.
Location: From a barge in
the vicinity of Town Beach, Oak
Bluffs, MA.
Position: Within 500 yards
of 41[deg]27'19'' N,
070[deg]33'08'' W (NAD 83).
Safety Zone Dimension:
Approximately 300 yard radius
circle around the fireworks barge.
------------------------------------------------------------------------
6.2 RI National Guard Air Show.... Event Type: Air Show.
Date: One weekend (Friday,
Saturday, and Sunday) in June or
July.
Time: Approximately 9:00
a.m. to 7:00 p.m.
Location: (1) All waters
over the West Passage of
Narragansett Bay, in the vicinity
of the Quonset State Airport, North
Kingston, RI which are within a
4000-yard radius arc extending from
position 41[deg]35'44'' N,
071[deg]24'14'' W (NAD 83); and (2)
All waters over the West Passage of
Narragansett Bay, in the vicinity
of Narragansett Pier, Narragansett,
RI, which are within a 2000-yard
radius arc extending from position
41[deg]26'17'' N, 071[deg]27'02'' W
(NAD 83) (Friday only).
Safety Zone Dimension:
Approximately 1000 yards long by
1000 yards wide.
------------------------------------------------------------------------
7.0 JULY
------------------------------------------------------------------------
7.1 Marion 4th of July Fireworks.. Event Type: Fireworks
Display.
Date: One night between
July 1st and July 10th, as
announced in the Local Notice to
Mariners.
Time: Approximately 8:00
p.m. to 11:59 p.m.
Location: From a barge in
the vicinity of Outer Sipican
Harbor, Marion, MA.
Position: Within 500 yards
of 41[deg]42'17'' N,
070[deg]45'08'' W (NAD 83).
Safety Zone Dimension:
Approximately 300 yard radius
circle around the fireworks barge.
------------------------------------------------------------------------
7.2 Oyster Harbors July 4th Event Type: Fireworks
Festival. Display.
Date: One night between
July 1st and July 10th, as
announced in the Local Notice to
Mariners.
Time: Approximately 8:00
p.m. to 11:59 p.m.
Location: From a barge in
the vicinity of Tim's Cove, North
Bay, Osterville, MA.
Position: Within 500 yards
of 41[deg]37'29'' N,
070[deg]25'12'' W (NAD 83).
Safety Zone Dimension:
Approximately 200 yard radius
circle around the fireworks barge.
------------------------------------------------------------------------
7.3 North Kingstown Fireworks Event Type: Fireworks
Display.. Display.
Date: One night between
July 1st and July 10th, as
announced in the Local Notice to
Mariners.
Time: Approximately 8:00
p.m. to 11:59 p.m.
Location: From a barge in
the vicinity of Town Beach, North
Kingston, RI.
Position: Within 500 yards
of 41[deg]33'59'' N,
071[deg]26'23'' W (NAD 83).
Safety Zone Dimension:
Approximately 200 yard radius
circle around the fireworks barge.
------------------------------------------------------------------------
7.4 Falmouth Fireworks............ Event Type: Fireworks
Display.
Date: One night between
July 1st and July 10th, as
announced in the Local Notice to
Mariners.
Time: Approximately 8:00
p.m. to 11:59 p.m.
Location: From a barge in
the vicinity of Falmouth Beach,
Falmouth, MA.
Position: Within 500 yards
of 41[deg]32'27'' N,
070[deg]35'26'' W (NAD 83).
Safety Zone Dimension:
Approximately 300 yard radius
circle around the fireworks barge.
------------------------------------------------------------------------
7.5 Town of Nantucket Fireworks... Event Type: Fireworks
Display.
Date: One night between
July 1st and July 10th, as
announced in the Local Notice to
Mariners.
Time: Approximately 8:00
p.m. to 11:59 p.m.
Location: From a barge in
the vicinity of Jetties Beach,
Nantucket Sound, MA.
Position: Within 500 yards
of 41[deg]19'00'' N,
070[deg]06'30'' W (NAD 83).
Safety Zone Dimension:
Approximately 200 yard radius
circle around the fireworks barge.
------------------------------------------------------------------------
7.6 City of Newport 4th of July Event Type: Fireworks
Fireworks. Display.
Date: One night between
July 1st and July 10th, as
announced in the Local Notice to
Mariners.
Time: Approximately 8:00
p.m. to 11:59 p.m.
Location: From the shore in
the vicinity of Fort Adams,
Newport, RI.
Position: Within 500 yards
of 41[deg]28'49'' N,
071[deg]20'12'' W (NAD 83).
Safety Zone Dimension:
Approximately 350 yard radius
circle around the launch site.
------------------------------------------------------------------------
7.7 Town of Barnstable/Hyannis Event Type: Fireworks
July 4th Fireworks. Display.
[[Page 30193]]
Date: One night between
July 1st and July 10th, as
announced in the Local Notice to
Mariners.
Time: Approximately 8:00
p.m. to 11:59 p.m.
Location: From a barge in
the vicinity of Lewis Bay, Hyannis,
MA.
Position: Within 500 yards
of 41[deg]38'20'' N,
070[deg]15'08'' W (NAD 83).
Safety Zone Dimension:
Approximately 350 yard radius
circle around the fireworks barge.
------------------------------------------------------------------------
7.8 Edgartown 4th of July Event Type: Fireworks
Fireworks Celebration. Display.
Date: One night between
July 1st and July 10th, as
announced in the Local Notice to
Mariners.
Time: Approximately 8:00
p.m. to 11:59 p.m.
Location: From a barge in
the vicinity of Edgartown Outer
Harbor, Edgartown, MA.
Position: Within 500 yards
of 41[deg]22'39'' N,
070[deg]30'14'' W (NAD 83).
Safety Zone Dimension:
Approximately 300 yard radius
circle around the fireworks barge.
------------------------------------------------------------------------
7.9 City of New Bedford Fireworks Event Type: Fireworks
Display. Display.
Date: One night between
July 1st and July 10th, as
announced in the Local Notice to
Mariners.
Time: Approximately 8:00
p.m. to 11:59 p.m.
Location: From a barge in
the vicinity of New Bedford Harbor,
New Bedford, MA.
Position: Within 500 yards
of 41[deg]37'55'' N,
070[deg]54'44'' W (NAD 83).
Safety Zone Dimension:
Approximately 250 yard radius
circle around the fireworks barge.
------------------------------------------------------------------------
7.10 Onset Fireworks.............. Event Type: Fireworks
Display.
Date: One night between
July 1st and July 10th, as
announced in the Local Notice to
Mariners.
Time: Approximately 8:00
p.m. to 11:59 p.m.
Location: On the shore, in
the vicinity of Shellpoint Beach,
Onset, MA.
Position: Within 500 yards
of 41[deg]44'13'' N,
070[deg]39'51'' W (NAD 83).
Safety Zone Dimension:
Approximately 300 yard radius
circle around the fireworks launch
site.
------------------------------------------------------------------------
7.11 Bristol 4th of July Fireworks Event Type: Fireworks
Display.
Date: One night between
July 1st and July 10th, as
announced in the Local Notice to
Mariners.
Time: Approximately 8:00
p.m. to 11:59 p.m.
Location: In the vicinity
of Northern portion of the Bristol
Harbor, Bristol, RI, on the section
of Poppasquash Rd separating the
harbor and Mill Pond.
Position: Within 500 yards
of 41[deg]40'53.4'' N,
071[deg]17'00'' W (NAD 83).
Safety Zone Dimension:
Approximately 300 yard radius
circle around the fireworks launch
site.
------------------------------------------------------------------------
7.12 Swim Buzzards Bay............ Event Type: Swim Event.
Date: One Saturday or
Sunday in July or August, as
announced in the Local Notice to
Mariners.
Time: Start times will vary
from 6:00 a.m. to 11:59 a.m., and
last approximately two hours until
the last swimmer is ashore. Start
time will be announced in advance
in the Local Notice to Mariners.
Location: The regulated
area includes all waters in the
vicinity of the Outer New Bedford
Harbor, within 500 yards along a
centerline with an approximate
start point of 41[deg]36'35'' N,
070[deg]54'18'' W (NAD 83) and an
approximate end point of
41[deg]37'26'' N, 070[deg]53'48'' W
(NAD 83) at Davy's Locker
Restaurant in New Bedford, MA, to
Fort Phoenix Beach in Fairhaven,
MA.
Safety Zone Dimension: 500
yards on either side of the
centerline described above.
------------------------------------------------------------------------
7.13 Save the Bay Swim............ Event Type: Swim Event.
Date: One Saturday or
Sunday in July or August, as
announced in the Local Notice to
Mariners.
Time: Start time will vary
from 6:00 a.m. to 11:59 a.m. and
last for approximately four hours,
until the last swimmer is ashore.
Start time will be announced in
advance in the Local Notice to
Mariners.
Location: The regulated
area includes all waters in the
vicinity of the Newport/Pell
Bridge, East Passage of
Narragansett Bay, along a
centerline with an approximate
start point of 41[deg]30'24'' N,
071[deg]19'49'' W (NAD 83) and an
approximate end point of
41[deg]30'39'' N, 071[deg]21'50'' W
(NAD 83), i.e., a line drawn from
the Officers' Club, Coaster's
Harbor Island, Naval Station
Newport, to Potter Cove, Jamestown.
Safety Zone Dimension: 500
yards on either side of the
centerline described above.
------------------------------------------------------------------------
8.0 AUGUST
------------------------------------------------------------------------
[[Page 30194]]
8.1 Boston Pops Nantucket......... Event Type: Fireworks
Display.
Date: One night in August
as announced in the Local Notice to
Mariners.
Time: Approximately 8:00
p.m. to 11:59 p.m.
Location: On the shore, in
the vicinity of Jetties Beach,
Nantucket, MA.
Position: Within 500 yards
of 41[deg]17'43'' N,
070[deg]06'10'' W (NAD 83).
Safety Zone Dimension:
Approximately 400 yard radius
circle around the fireworks barge.
------------------------------------------------------------------------
8.2 Oak Bluffs Fireworks.......... Event Type: Fireworks
Display.
Date: One night in August.
Time: Approximately 8:00
p.m. to 11:59 p.m.
Location: From a barge in
the vicinity of Oak Bluffs Harbor,
Oak Bluffs, MA.
Position: Within 500 yards
of 41[deg]27'27'' N,
070[deg]33'17'' W (NAD 83).
Safety Zone Dimension:
Approximately 350 yard radius
circle around the fireworks barge.
------------------------------------------------------------------------
8.3 Newport Salute to Summer Event Type: Fireworks
Fireworks. Display.
Date: One night during the
last two weekends in August or 1st
weekend in September.
Time: Approximately 8:00
p.m. to 11:59 p.m.
Location: From a barge in
the vicinity of Naval Station
Newport, Newport, RI.
Position: Within 500 yards
of 41[deg]30'15'' N,
071[deg]19'50'' W (NAD 83).
Safety Zone Dimension:
Approximately 400 yard radius
circle around the fireworks barge.
------------------------------------------------------------------------
9.0 SEPTEMBER
------------------------------------------------------------------------
9.1 Provincetown Harbor Swim for Event Type: Swim Event.
Life.
Date: On a day in September
as announced in the Local Notice to
Mariners.
Time: Times will vary from
10:00 a.m. until the last swimmer
is ashore, no later than 2:00 p.m.
Location: The regulated
area includes all waters in the
vicinity of the Provincetown Harbor
along a centerline between the
start point, the Long Point
Lighthouse. approximate position
42[deg]01'59'' N, 070[deg]10'07'' W
(NAD 83), and the end point, the
Boatslip Resort, Provincetown, MA.,
approximate position 42[deg]02'48''
N, 070[deg]11'24'' W (NAD 83).
Safety Zone Dimension: 250
yards on either side of the
centerline described above.
------------------------------------------------------------------------
9.2 Spirit of Somerset Celebration Event Type: Fireworks
Display.
Date: One night in
September, as announced in the
Local Notice to Mariners.
Time: Approximately 8:00
p.m. to 11:59 p.m.
Location: On the shore, in
the vicinity of Mallard Point,
Somerset, MA.
Position: Within 500 yards
of 41[deg]46'18'' N,
071[deg]07'14'' W (NAD 83).
Safety Zone Dimension:
Approximately 200 yard radius
circle around the fireworks launch
site.
------------------------------------------------------------------------
10.0 OCTOBER
------------------------------------------------------------------------
10.1 Yarmouth Seaside Festival Event Type: Fireworks
Fireworks. Display.
Date: One night in October,
as announced in the Local Notice to
Mariners.
Time: Approximately 7:00
p.m. to 11:59 p.m.
Location: On the shore, in
the vicinity of Seagull Beach, West
Yarmouth, MA.
Position: Within 500 yards
of 41[deg]38'06'' N,
070[deg]13'13'' W (NAD 83).
Safety Zone Dimension:
Approximately 300 yard radius
circle around the fireworks launch
site.
------------------------------------------------------------------------
Dated: May 7, 2012.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New
England.
[FR Doc. 2012-12316 Filed 5-21-12; 8:45 am]
BILLING CODE 9110-04-P
