Safety Zone; Tom Lyons Productions Fireworks, Long Island Sound, Sands Point, NY, 51912-51915 [2012-21193]
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Federal Register / Vol. 77, No. 167 / Tuesday, August 28, 2012 / Rules and Regulations
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comment is significant and warrants
withdrawing a direct final rule, we will
consider whether the comment raises an
issue serious enough to warrant a
substantive response in a notice-andcomment process in accordance with
section 553 of the Administrative
Procedure Act (5 U.S.C. 553). A
comment recommending a rule change
in addition to this rule will not be
considered a significant adverse
comment unless the comment also
states why this rule would be ineffective
without the additional change.
If FDA does not receive significant
adverse comment, the Agency will
publish a document in the Federal
Register confirming the effective date of
the final rule. The Agency intends to
make the direct final rule effective 30
days after publication of the
confirmation document in the Federal
Register.
A full description of FDA’s policy on
direct final rule procedures may be
found in a guidance document
published in the Federal Register of
November 21, 1997 (62 FR 62466). The
guidance document may be accessed at
https://www.fda.gov/
RegulatoryInformation/Guidances/
ucm125166.htm.
III. Analysis of Impacts
HHS/FDA has examined the impacts
of the final rule under Executive Order
12866, Executive Order 13563, the
Regulatory Flexibility Act (5 U.S.C.
601–612), and the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4).
Executive Orders 12866 and 13563
direct Agencies to assess all costs and
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity). The Agency
believes that this final rule is not a
significant regulatory action under
Executive Order 12866.
The Regulatory Flexibility Act
requires Agencies to analyze regulatory
options that would minimize any
significant impact of a rule on small
entities. Because the final rule imposes
no duties or obligations on small
entities, the Agency certifies that the
final rule will not have a significant
economic impact on a substantial
number of small entities.
Section 202(a) of the Unfunded
Mandates Reform Act of 1995 requires
that Agencies prepare a written
statement, which includes an
assessment of anticipated costs and
benefits, before proposing ‘‘any rule that
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includes any Federal mandate that may
result in the expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100,000,000
or more (adjusted annually for inflation)
in any one year.’’ The current threshold
after adjustment for inflation is $136
million, using the most current (2010)
Implicit Price Deflator for the Gross
Domestic Product. FDA does not expect
this final rule to result in any 1-year
expenditure that would meet or exceed
this amount.
IV. Request for Comments
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) either electronic or written
comments regarding this document. It is
only necessary to send one set of
comments. Identify comments with the
docket number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
4. Section 5b.11 is amended by adding
paragraph (b)(2)(vii)(C) to read as
follows:
■
§ 5b.11
Exempt systems.
*
*
*
*
*
(b) * * *
(2) * * *
(vii) * * *
(C) FDA Records Related to Research
Misconduct Proceedings, HHS/FDA/OC.
*
*
*
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*
Dated: July 20, 2012.
Kathleen Sebelius,
Secretary of Health and Human Services.
[FR Doc. 2012–20889 Filed 8–27–12; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
List of Subjects
[Docket Number USCG–2012–0618]
21 CFR Part 21
RIN 1625–AA00
Privacy.
45 CFR Part 5b
Privacy.
Therefore, the Department of Health
and Human Services is amending 21
CFR part 21 and 45 CFR part 5b to read
as follows:
Title 21
PART 21—PROTECTION OF PRIVACY
1. The authority citation for 21 CFR
part 21 continues to read as follows:
■
Authority: 21 U.S.C. 371; 5 U.S.C. 552,
552a.
2. Section 21.61 is amended by adding
paragraph (d) to read as follows:
■
§ 21.61
Exempt systems.
*
*
*
*
*
(d) Records in the following Food and
Drug Administration Privacy Act
Records Systems are exempt under 5
U.S.C. 552a(k)(2) and (k)(5) from the
provisions enumerated in paragraph
(a)(1) through paragraph (3) of this
section: FDA Records Related to
Research Misconduct Proceedings,
HHS/FDA/OC, 09–10–0020.
Title 45
PART 5b—PRIVACY ACT
REGULATIONS
3. The authority citation for 45 CFR
part 5b continues to read as follows:
■
Authority: 5 U.S.C. 301, 5 U.S.C. 552a.
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Safety Zone; Tom Lyons Productions
Fireworks, Long Island Sound, Sands
Point, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of Long Island
Sound, in the vicinity of Sands Point,
NY. 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
Long Island Sound before, during, and
immediately after the fireworks event.
DATES: This rule will be effective from
10:30 p.m. on October 6, 2012 until
11:45 p.m. on October 7, 2012. This rule
will be enforced from 10:30 p.m. to
11:45 p.m. on October 6, 2012, and from
10:30 p.m. to 11:45 p.m. on October 7,
2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2012–0618. 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. 167 / Tuesday, August 28, 2012 / Rules and Regulations
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 Lieutenant Junior Grade
Kristopher Kesting, Sector NY
Waterways Management, U.S. Coast
Guard; Telephone (718) 354–4154, EMail Kristopher.R.Kesting@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
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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 25, 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.
The rule must become effective on the
date specified in order to provide for the
safety of spectators and vessels
operating in the area near this event.
Delaying this rule would be
impracticable and contrary to the public
interest, and would expose spectators
and vessels to the hazards associated
with the fireworks event.
B. Basis and Purpose
The legal basis for this rule is 33
U.S.C. 1231; 46 U.S.C. Chapter 701,
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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.
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 navigable waters of
Long Island Sound, in the vicinity of
Sands Point, 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 Long Island Sound around
the location of the fireworks launch
platform before, during, and
immediately after the fireworks display.
The Coast Guard has 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.
Advance 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
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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 75 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 75 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
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Federal Register / Vol. 77, No. 167 / Tuesday, August 28, 2012 / Rules and Regulations
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.
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).
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
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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.
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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.
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
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.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREA
11. Indian Tribal Governments
5. Federalism
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9. Civil Justice Reform
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
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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; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–0618 to read as
follows:
■
§ 165.T01–0618 Safety Zone; Tom Lyons
Productions Fireworks, Long Island Sound,
Sands Point, NY.
(a) Regulated Area. The following area
is a temporary safety zone: all navigable
waters of Long Island Sound within a
240-yard radius of the fireworks barge
located in approximate position
40°51′57.09″ N, 073°44′04.20″ W, in the
vicinity of Sands Point, NY,
approximately 390 yards west of the tip
of Sands Point.
(b) Effective Dates and Enforcement
Periods. This rule will be effective from
10:30 p.m. on October 6, 2012 until
11:45 p.m. on October 7, 2012. This rule
will be enforced from 10:30 p.m. to
11:45 p.m. on October 6, 2012, and from
10:30 p.m. to 11:45 p.m. on October 7,
2012.
(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.
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(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
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: August 17, 2012.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2012–21193 Filed 8–27–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R02–OAR–2012–0296; FRL–9720–6]
Approval and Promulgation of Air
Quality Implementation Plans; State of
New York; Regional Haze State
Implementation Plan and Federal
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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The Environmental Protection
Agency (EPA) is taking final action on
the Regional Haze State Implementation
Plan (SIP) submitted by the State of New
York. EPA is approving seventeen
source-specific SIP revisions containing
permits for Best Available Retrofit
Technology, revisions for Title 6 of the
New York Codes, Rules and
Regulations, Part 249, ‘‘Best Available
Retrofit Technology (BART)’’ and
section 19–0325 of the New York
Environmental Conservation Law which
regulates the sulfur content of fuel oil.
These revisions to the SIP addressing
regional haze were submitted by the
State of New York on March 15, 2010,
and supplemented on August 2, 2010,
April 16, 2012 and July 2, 2012. These
SIP revisions were submitted to address
Clean Air Act requirements and EPA’s
rules for states to prevent and remedy
future and existing anthropogenic
impairment of visibility in mandatory
Class I areas through a regional haze
program. Although New York State
addressed most of the issues identified
in EPA’s proposal, EPA is promulgating
a Federal Implementation Plan to
address two sources where EPA is
disapproving New York’s BART
determinations.
SUMMARY:
This rule is effective on
September 27, 2012.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2012–0296. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region II Office, Air Programs Branch,
290 Broadway, 25th Floor, New York,
New York 10007–1866. This Docket
Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The Docket telephone
number is 212–637–4249.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Robert F. Kelly, Air Planning Section,
Air Programs Branch, EPA Region 2, 290
Broadway, New York, New York 10007–
1866. The telephone number is (212)
637–4249. Mr. Kelly can also be reached
via electronic mail at kelly.bob@epa.gov.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. What action is EPA taking?
II. What additional SIP revisions did New
York submit consistent with EPA’s
proposal?
A. SIP Revisions for BART Determinations
B. SIP Revision for 6 NYCRR, Part 249,
‘‘Best Available Retrofit Technology
(BART)’’
C. SIP Revision for New York’s Low Sulfur
Fuel Oil Strategy
III. What is contained in EPA’s federal
implementation plan for New York’s
regional haze program?
IV. What comments did EPA receive on its
proposal and what were EPA’s
responses?
V. What are EPA’s conclusions?
VI. Statutory and Executive Order Reviews
Throughout this document, wherever
‘‘Agency,’’ ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used,
we mean the EPA.
I. What action is EPA taking?
EPA is approving New York’s State
Implementation Plan (SIP) revisions
addressing regional haze submitted on
March 15, 2010, and supplemented on
August 2, 2010, April 16, 2012, and July
2, 2012. EPA is supplementing New
York’s SIP with a Federal
Implementation Plan (FIP) for three
units at two BART sources where EPA
is disapproving these BART
determinations. The following
paragraphs summarize each of EPA’s
actions.
EPA is approving aspects of New
York’s Regional Haze SIP revision as
follows:
• The measures enacted by New York
are shown to produce emission
reductions that are sufficient to meet
New York’s share of the emission
reductions needed to meet reasonable
progress goals (found at 40 CFR
51.308(d)(1)) at Class I areas affected by
New York’s emissions.
• New York’s Long Term Strategy,
since New York submitted final
approvable permit modifications for all
facilities on April 16, 2012 and July 2,
2012 (except for the Roseton and
Danskammer Generating Stations), in a
timely manner with the level of control
in EPA’s April 25, 2012 proposal. EPA’s
FIP contains BART determinations and
emission limits for the Roseton and
Danskammer Generating Stations.
• New York’s SIP revision consisting
of Title 6 of the New York Codes, Rules
and Regulations (6 NYCRR), Part 249,
‘‘Best Available Retrofit Technology
(BART).’’
• New York’s SIP revision consisting
of section 19–0325 of the New York
Environmental Conservation Law which
regulates the sulfur content of fuel oil.
EPA is approving the following
facility BART determinations and
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]]>Agencies
[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Rules and Regulations]
[Pages 51912-51915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21193]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0618]
RIN 1625-AA00
Safety Zone; Tom Lyons Productions Fireworks, Long Island Sound,
Sands Point, 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 Long Island Sound, in the vicinity of Sands Point,
NY. 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 Long Island Sound
before, during, and immediately after the fireworks event.
DATES: This rule will be effective from 10:30 p.m. on October 6, 2012
until 11:45 p.m. on October 7, 2012. This rule will be enforced from
10:30 p.m. to 11:45 p.m. on October 6, 2012, and from 10:30 p.m. to
11:45 p.m. on October 7, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0618. 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.,
[[Page 51913]]
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 Lieutenant Junior Grade Kristopher Kesting, Sector NY
Waterways Management, U.S. Coast Guard; Telephone (718) 354-4154, E-
Mail Kristopher.R.Kesting@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 25, 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.
The rule must become effective on the date specified in order to
provide for the safety of spectators and vessels operating in the area
near this event. Delaying this rule would be impracticable and contrary
to the public interest, and would expose spectators and vessels to the
hazards associated with the fireworks event.
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; Pub. L. 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 navigable
waters of Long Island Sound, in the vicinity of Sands Point, 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 Long
Island Sound around the location of the fireworks launch platform
before, during, and immediately after the fireworks display.
The Coast Guard has 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.
Advance 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 75 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 75 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
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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.
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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS 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; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-0618 to read as follows:
Sec. 165.T01-0618 Safety Zone; Tom Lyons Productions Fireworks, Long
Island Sound, Sands Point, NY.
(a) Regulated Area. The following area is a temporary safety zone:
all navigable waters of Long Island Sound within a 240-yard radius of
the fireworks barge located in approximate position 40[deg]51'57.09''
N, 073[deg]44'04.20'' W, in the vicinity of Sands Point, NY,
approximately 390 yards west of the tip of Sands Point.
(b) Effective Dates and Enforcement Periods. This rule will be
effective from 10:30 p.m. on October 6, 2012 until 11:45 p.m. on
October 7, 2012. This rule will be enforced from 10:30 p.m. to 11:45
p.m. on October 6, 2012, and from 10:30 p.m. to 11:45 p.m. on October
7, 2012.
(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.
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(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 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: August 17, 2012.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2012-21193 Filed 8-27-12; 8:45 am]
BILLING CODE 9110-04-P
