Safety Zone; Electric Zoo Fireworks, East River, Randall's Island, NY, 43167-43170 [2012-17947]
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Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Rules and Regulations
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protestors.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule would 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.
Emcdonald on DSK67QTVN1PROD with RULES
9. 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.
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
regulation of drawbridge operations.
This rule is categorically excluded,
under figure 2–1, paragraph (32)(e), of
the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
10. 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 might
disproportionately affect children.
■
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
(a) The draws of the following bridges
shall open on signal; except that, from
August 1 through May 31, the draw
need not open for the passage of vessels
Monday through Friday except Federal
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Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.465, paragraphs (a)
introductory text and (a)(3) are revised
to read as follows:
■
§ 117.465
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43167
holidays from 7 a.m. to 8:30 a.m.; from
2 p.m. to 4 p.m. and from 4:30 p.m. to
5:30 p.m., unless otherwise indicated:
* * *
(3) SR 308 (South Lafourche (Tarpon))
Bridge, mile 30.6, at Galliano, need not
open for the passage of vessels from
August 1 through May 31, Monday
through Friday except Federal holidays
from 6:45 a.m. to 8:30 a.m.; from 2 p.m.
to 4 p.m. and from 4:30 p.m. to 5:30
p.m.
*
*
*
*
*
Dated: July 13, 2012.
Peter Troedsson,
Captain, U.S. Coast Guard, Commander,
Eighth Coast Guard District Acting.
[FR Doc. 2012–17949 Filed 7–23–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0588]
RIN 1625–AA00
Safety Zone; Electric Zoo Fireworks,
East River, Randall’s Island, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the East River in
the vicinity of Randall’s Island, NY for
a fireworks display. This temporary
safety zone is necessary to protect
spectators and vessels from the hazards
associated with fireworks displays. This
rule is intended to restrict all vessels
from a portion of the East River before,
during, and immediately after the
fireworks event.
DATES: This rule will be effective from
10:30 p.m. on August 31, 2012 until
11:40 p.m. on September 2, 2012. The
rule will be enforced daily from 10:30
p.m. to 11:40 p.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0588]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
SUMMARY:
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Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Rules and Regulations
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
If
you have questions on this rule, call or
email Ensign Kimberly Farnsworth,
Coast Guard; Telephone (718) 354–4163,
email Kimberly.A.Farnsworth@uscg.mil.
If you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b) (B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
sufficient information about the event
was not received in time to publish a
NPRM followed by a final rule before
the effective date, thus making the
publication of a NPRM impractical. The
Coast Guard received the information
about the event on June 8, 2012. Any
delay encountered in this regulation’s
effective date by publishing a NPRM
would be contrary to public interest,
since immediate action is needed to
provide for the safety of life and
property on navigable waters from the
hazards associated with fireworks
including unexpected detonation and
burning debris.
Emcdonald on DSK67QTVN1PROD with RULES
B. Basis and Purpose
The legal basis for this 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; Department of
Homeland Security Delegation No.
0170.1.
This temporary safety zone is
necessary to ensure the safety of
spectators and vessels from hazards
associated with the fireworks display.
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C. Discussion of the Final Rule
This rule establishes a temporary
safety zone on the waters of the East
River in the vicinity of Randall’s Island,
NY. All persons and vessels shall
comply with the instructions of the
Captain of the Port (COTP) New York or
the designated representative during the
enforcement of the temporary safety
zone. Entering into, transiting through,
or anchoring within the temporary
safety zone is prohibited unless
authorized by the COTP New York, or
the designated representative.
Based on the inherent hazards
associated with fireworks, the COTP
New York has determined that fireworks
launches in close proximity to water
crafts pose a significant risk to public
safety and property. The combination of
increased number of recreational
vessels, congested waterways, darkness
punctuated by bright flashes of light,
and debris especially burning debris
falling on passing or spectator vessels
has the potential to result in serious
injuries or fatalities. This temporary
safety zone will restrict vessels from a
portion of the East River around the
location of the fireworks launch
platform before, during, and
immediately after the fireworks display.
The Coast Guard determined that this
regulated area will not have a significant
impact on vessel traffic due to its
temporary nature and limited size and
the fact that vessels are allowed to
transit the navigable waters outside of
the regulated area.
Advanced public notifications will
also be made to the local mariners
through appropriate means, which will
include, but are not limited to, the Local
Notice to Mariners as well as Broadcast
Notice to Mariners.
D. 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.
1. Regulatory Planning and Review
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, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
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The Coast Guard’s implementation of
this temporary safety zone will be of
short duration and is designed to
minimize the impact to vessel traffic on
the navigable waters. This temporary
safety zone will only be enforced for
approximately 70 minutes, in the late
evening. Due to the location, vessels
will be able to transit around the zone
in a safe manner.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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.
(1) This rule will affect the following
entities, some of which may be small
entities: The owners and operators of
vessels intending to transit or anchor in
a portion of the navigable waters in the
vicinity of the marine event during the
effective period.
(2) This safety zone would not have
a significant economic impact on a
substantial number of small entities for
the following reasons: This rule will be
in effect for 70 minutes; late at night
when vessel traffic is low, vessel traffic
could pass safely around the safety
zone, and the Coast Guard will notify
mariners before activating the zone by
appropriate means including but not
limited to Local Notice to Mariners and
Broadcast Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
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
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Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Rules and Regulations
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. 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.
Emcdonald on DSK67QTVN1PROD with RULES
9. 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.
10. 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
VerDate Mar<15>2010
15:03 Jul 23, 2012
Jkt 226001
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a temporary safety
zone. This rule is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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43169
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREA
1. The authority citation for part 165
continues to read as follows:
■
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; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–0588 to read as
follows:
■
§ 165.T01–0588 Safety Zone; Electronic
Zoo Fireworks, East River, Randall’s Island,
NY.
(a) Regulated Area. The following area
is a temporary safety zone: all navigable
waters of the East River within a 164yard radius of the fireworks barge
located in approximate position
40°47′34.14″ N, 073°55′48.71″ W, in the
vicinity of Randall’s Island, NY,
approximately 200 yards west of the
Southern tip of Randall’s Island Park,
Randall’s Island, NY.
(b) Effective Dates and Enforcement
Periods. This rule will be effective from
10:30 p.m. on August 31, 2012 until
11:40 p.m. on September 2, 2012. The
rule will be enforced daily from 10:30
p.m. to 11:40 p.m.
(c) Definitions. The following
definitions apply to this section:
(1) Designated Representative. A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the Captain of the
Port Sector New York (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.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23,
as well as the following regulations,
apply.
(2) No vessels, except for fireworks
barge and accompanying vessels, will be
allowed to transit the safety zone
without the permission of the COTP.
(3) All persons and vessels shall
comply with the instructions of the
COTP or the designated representative.
Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
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light, or other means, the operator of a
vessel shall proceed as directed.
(4) Vessel operators desiring to enter
or operate within the regulated area
shall contact the COTP or the
designated representative via VHF
channel 16 or 718–354–4353 (Sector
New York command center) to obtain
permission to do so.
(5) Spectators or other vessels shall
not anchor, block, loiter, or impede the
transit of event participants or official
patrol vessels in the regulated areas
during the effective dates and times, or
dates and times as modified through the
Local Notice to Mariners, unless
authorized by COTP or the designated
representative.
(6) Upon being hailed by a U.S. Coast
Guard vessel or the designated
representative, by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed. Failure
to comply with a lawful direction may
result in expulsion from the area,
citation for failure to comply, or both.
(7) The COTP or the designated
representative may delay or terminate
any marine event in this subpart at any
time it is deemed necessary to ensure
the safety of life or property.
Dated: July 6, 2012.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2012–17947 Filed 7–23–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R9–IA–2011–0093;
FF09A30000 123 FXIA16710900000R4]
RIN 1018–AX96
Endangered and Threatened Wildlife
and Plants; Publishing Notice of
Receipt of Captive-Bred Wildlife
Registration Applications
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are amending
the regulations that implement the
Endangered Species Act (Act) by
establishing public notice-and-comment
procedures for applications to conduct
certain otherwise-prohibited activities
under the Act that are authorized under
the Captive-Bred Wildlife (CBW)
regulations. This action adds procedural
requirements to the processing of
Emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:03 Jul 23, 2012
Jkt 226001
applications for registration under the
CBW regulations. Notices of receipt of
each application will be published in
the Federal Register, and the Service
will accept public comments on each
application for 30 days. If the
registration is granted, the Service will
publish certain findings in the Federal
Register. In addition, for persons
meeting the criteria for registering under
the CBW Program, each registration will
now remain effective for 5 years rather
than 3 years.
DATES: This rule becomes effective on
August 23, 2012.
ADDRESSES: You may obtain information
about permits or other authorizations to
carry out otherwise-prohibited activities
by contacting the U.S. Fish and Wildlife
Service, Division of Management
Authority, Branch of Permits, 4401 N.
Fairfax Drive, Room 212, Arlington, VA
22203; telephone: 703–358–2104 or (toll
free) 800–358–2104; facsimile: 703–
358–2281; email:
managementauthority@fws.gov; Web
site: https://www.fws.gov/international/
index.html.
FOR FURTHER INFORMATION CONTACT:
Timothy J. Van Norman, Chief, Branch
of Permits, Division of Management
Authority, U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, Suite
212, Arlington, VA 22203; telephone
703–358–2104; fax 703–358–2281. If
you use a telecommunications device
for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
The Endangered Species Act of 1973,
as amended (16 U.S.C. 1531 et seq.)
(Act), and its implementing regulations
prohibit any person subject to the
jurisdiction of the United States from
conducting certain activities unless
authorized by a permit. These activities
include take, import, export, and
interstate or foreign commerce of fish or
wildlife species listed as endangered or
threatened under the Act. In the case of
endangered species, the Service may
permit otherwise-prohibited activities
for scientific research or enhancement
of the propagation or survival of the
species. In the case of threatened
species, regulations allow permits to be
issued for the above-mentioned
purposes, as well as zoological,
horticultural, or botanical exhibition;
education; and special purposes
consistent with the Act.
In 1979, the Service published the
Captive-Bred Wildlife (CBW)
regulations at 50 CFR 17.21(g) (44 FR
54002, September 17, 1979) to
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Frm 00022
Fmt 4700
Sfmt 4700
streamline Federal permitting
requirements and facilitate captive
breeding of endangered and threatened
species under certain prescribed
conditions. Specifically, under these
regulations, the Service promulgated a
general regulatory permit to authorize
persons to take; export or reimport;
deliver, receive, carry, transport, or ship
in interstate or foreign commerce, in the
course of a commercial activity; or sell
or offer for sale in interstate or foreign
commerce endangered or threatened
wildlife bred in captivity in the United
States. Qualifying persons and facilities
seeking such authorization under the
regulations are required to register with
the Service. By establishing a more
flexible management framework for
regulating routine activities related to
captive propagation, these regulations
have benefited wild populations by, for
example, increasing sources of genetic
stock that can be used to bolster or
reestablish wild populations, decreasing
the need to take stock from the wild,
and providing for research
opportunities.
The authorization granted under the
CBW regulations is limited by several
conditions. These conditions include:
(1) The wildlife is of a species having
a natural geographic distribution not
including any part of the United States,
or the wildlife is of a species that the
Director has determined to be eligible in
accordance with 50 CFR 17.21(g)(5);
(2) The purpose of authorized
activities is to enhance the propagation
or survival of the affected species;
(3) Activities do not involve interstate
or foreign commerce, in the course of
commercial activity, with respect to
nonliving wildlife;
(4) That each specimen of wildlife to
be reimported is uniquely identified by
a band, tattoo, or other means that was
reported in writing to an official of the
Service at a port of export prior to the
export from the United States; and
(5) Any person subject to the
jurisdiction of the United States who
engages in any of the authorized
activities does so in accordance with 50
CFR 17.21(g) and with all other
applicable regulations.
The regulations also specify
application requirements for registration
that are designed to provide the Service
with information needed to determine
whether the applicant has the means to
enhance the propagation or survival of
the affected species. For example, the
application must include a description
of the applicant’s experience in
maintaining and propagating the types
of wildlife sought to be covered under
the registration; documentation
depicting the facilities in which the
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]]>Agencies
[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Rules and Regulations]
[Pages 43167-43170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17947]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0588]
RIN 1625-AA00
Safety Zone; Electric Zoo Fireworks, East River, Randall's
Island, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the East River in the vicinity of Randall's Island,
NY for a fireworks display. This temporary safety zone is necessary to
protect spectators and vessels from the hazards associated with
fireworks displays. This rule is intended to restrict all vessels from
a portion of the East River before, during, and immediately after the
fireworks event.
DATES: This rule will be effective from 10:30 p.m. on August 31, 2012
until 11:40 p.m. on September 2, 2012. The rule will be enforced daily
from 10:30 p.m. to 11:40 p.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0588]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE.,
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Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ensign Kimberly Farnsworth, Coast Guard; Telephone (718)
354-4163, email Kimberly.A.Farnsworth@uscg.mil. If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b) (B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because sufficient information about the
event was not received in time to publish a NPRM followed by a final
rule before the effective date, thus making the publication of a NPRM
impractical. The Coast Guard received the information about the event
on June 8, 2012. Any delay encountered in this regulation's effective
date by publishing a NPRM would be contrary to public interest, since
immediate action is needed to provide for the safety of life and
property on navigable waters from the hazards associated with fireworks
including unexpected detonation and burning debris.
B. Basis and Purpose
The legal basis for this 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; Department of Homeland
Security Delegation No. 0170.1.
This temporary safety zone is necessary to ensure the safety of
spectators and vessels from hazards associated with the fireworks
display.
C. Discussion of the Final Rule
This rule establishes a temporary safety zone on the waters of the
East River in the vicinity of Randall's Island, NY. All persons and
vessels shall comply with the instructions of the Captain of the Port
(COTP) New York or the designated representative during the enforcement
of the temporary safety zone. Entering into, transiting through, or
anchoring within the temporary safety zone is prohibited unless
authorized by the COTP New York, or the designated representative.
Based on the inherent hazards associated with fireworks, the COTP
New York has determined that fireworks launches in close proximity to
water crafts pose a significant risk to public safety and property. The
combination of increased number of recreational vessels, congested
waterways, darkness punctuated by bright flashes of light, and debris
especially burning debris falling on passing or spectator vessels has
the potential to result in serious injuries or fatalities. This
temporary safety zone will restrict vessels from a portion of the East
River around the location of the fireworks launch platform before,
during, and immediately after the fireworks display.
The Coast Guard determined that this regulated area will not have a
significant impact on vessel traffic due to its temporary nature and
limited size and the fact that vessels are allowed to transit the
navigable waters outside of the regulated area.
Advanced public notifications will also be made to the local
mariners through appropriate means, which will include, but are not
limited to, the Local Notice to Mariners as well as Broadcast Notice to
Mariners.
D. 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.
1. Regulatory Planning and Review
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, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The Coast Guard's implementation of this temporary safety zone will
be of short duration and is designed to minimize the impact to vessel
traffic on the navigable waters. This temporary safety zone will only
be enforced for approximately 70 minutes, in the late evening. Due to
the location, vessels will be able to transit around the zone in a safe
manner.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
(1) This rule will affect the following entities, some of which may
be small entities: The owners and operators of vessels intending to
transit or anchor in a portion of the navigable waters in the vicinity
of the marine event during the effective period.
(2) This safety zone would not have a significant economic impact
on a substantial number of small entities for the following reasons:
This rule will be in effect for 70 minutes; late at night when vessel
traffic is low, vessel traffic could pass safely around the safety
zone, and the Coast Guard will notify mariners before activating the
zone by appropriate means including but not limited to Local Notice to
Mariners and Broadcast Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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
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small entities that question or complain about this rule or any policy
or action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a temporary safety
zone. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA
0
1. The authority citation for part 165 continues to read as follows:
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; Public Law
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T01-0588 to read as follows:
Sec. 165.T01-0588 Safety Zone; Electronic Zoo Fireworks, East River,
Randall's Island, NY.
(a) Regulated Area. The following area is a temporary safety zone:
all navigable waters of the East River within a 164-yard radius of the
fireworks barge located in approximate position 40[deg]47'34.14'' N,
073[deg]55'48.71'' W, in the vicinity of Randall's Island, NY,
approximately 200 yards west of the Southern tip of Randall's Island
Park, Randall's Island, NY.
(b) Effective Dates and Enforcement Periods. This rule will be
effective from 10:30 p.m. on August 31, 2012 until 11:40 p.m. on
September 2, 2012. The rule will be enforced daily from 10:30 p.m. to
11:40 p.m.
(c) Definitions. The following definitions apply to this section:
(1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port Sector
New York (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.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply.
(2) No vessels, except for fireworks barge and accompanying
vessels, will be allowed to transit the safety zone without the
permission of the COTP.
(3) All persons and vessels shall comply with the instructions of
the COTP or the designated representative. Upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing
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light, or other means, the operator of a vessel shall proceed as
directed.
(4) Vessel operators desiring to enter or operate within the
regulated area shall contact the COTP or the designated representative
via VHF channel 16 or 718-354-4353 (Sector New York command center) to
obtain permission to do so.
(5) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP or the designated representative.
(6) Upon being hailed by a U.S. Coast Guard vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
(7) The COTP or the designated representative may delay or
terminate any marine event in this subpart at any time it is deemed
necessary to ensure the safety of life or property.
Dated: July 6, 2012.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2012-17947 Filed 7-23-12; 8:45 am]
BILLING CODE 9110-04-P
