Safety Zones; Annually Recurring Marine Events in Coast Guard Southeastern New England Captain of the Port Zone, 30188-30194 [2012-12316]

Download as PDF 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. sroberts on DSK5SPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:49 May 21, 2012 Jkt 226001 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 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 http:// 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: E:\FR\FM\22MYR1.SGM 22MYR1 Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations 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. sroberts on DSK5SPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:49 May 21, 2012 Jkt 226001 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 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 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. E:\FR\FM\22MYR1.SGM 22MYR1 30190 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 sroberts on DSK5SPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:49 May 21, 2012 Jkt 226001 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 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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: ■ E:\FR\FM\22MYR1.SGM 22MYR1 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 sroberts on DSK5SPTVN1PROD with RULES 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 ..................................... VerDate Mar<15>2010 17:26 May 21, 2012 Jkt 226001 PO 00000 • Event Type: Fireworks Display. Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\22MYR1.SGM 22MYR1 30192 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 sroberts on DSK5SPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:49 May 21, 2012 Jkt 226001 PO 00000 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°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. Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\22MYR1.SGM 22MYR1 Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations 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 sroberts on DSK5SPTVN1PROD with RULES 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 AUGUST VerDate Mar<15>2010 16:49 May 21, 2012 Jkt 226001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\22MYR1.SGM 22MYR1 30194 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] sroberts on DSK5SPTVN1PROD with RULES BILLING CODE 9110–04–P VerDate Mar<15>2010 16:49 May 21, 2012 Jkt 226001 PO 00000 Frm 00010 Fmt 4700 Sfmt 9990 E:\FR\FM\22MYR1.SGM 22MYR1

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 
http://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