Safety Zones; Fireworks Displays in Captain of the Port Long Island Sound Zone, 24679-24682 [2013-10013]
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Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations
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.
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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
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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, 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
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.T01–0208 to read as
follows:
■
§ 165.T01–0208 Safety Zone; XA The
Experimental Agency Fireworks, Pier 34,
East River, NY.
(a) Regulated Area. The following area
is a temporary safety zone: all navigable
waters of East River within a 180-yard
radius of the fireworks barge located in
approximate position 40°42′28.5″ N,
073°59′9.9″ W, approximately 182 yards
south east of Pier 34, Manhattan, NY.
(b) Effective Dates and Enforcement
Periods. This rule is effective and will
be enforced on May 16, 2013 from 8:00
p.m. until 9:15 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.
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24679
(d) Regulations.
(1) The general regulations contained
in 33 CFR 165.23, as well as the
following regulations, apply.
(2) No spectators, except for fireworks
barge and accompanying vessels, will be
allowed to enter into, transit through, or
anchor in the safety zone without the
permission of the COTP or the
designated representative.
(3) All spectators given permission to
enter or operate in the regulated area
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, vessel
spectator shall proceed as directed.
(4) Spectators 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.
Dated: April 10, 2013.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2013–09855 Filed 4–25–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0227]
RIN 1625–AA00
Safety Zones; Fireworks Displays in
Captain of the Port Long Island Sound
Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing three temporary safety
zones for fireworks displays within the
Captain of the Port (COTP) Long Island
Sound (LIS) Zone. This action is
necessary to provide for the safety of life
on navigable waters during these events.
Entry into, transit through, mooring or
anchoring within these zones is
prohibited unless authorized by the
COTP Sector Long Island Sound.
DATES: This rule is effective from April
27, 2013, until June 22, 2013. This rule
will be enforced during the specific
dates and times listed in Table of
§ 165.T01–0227.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0227]. To view documents
SUMMARY:
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Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations
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.,
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 Petty Officer Scott Baumgartner,
Prevention Department, Coast Guard
Sector Long Island Sound, (203) 468–
4428, Scott.A.Baumgartner@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Barbara Hairston, Program Manager,
Docket Operations, telephone (202)
366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
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). Because the information for
the list of events in the Captain of the
Port Long Island Sound Zone was not
finalized until recently, it is
impracticable to undertake notice and
comment with regard to the events in
this regulation because the events are
set to occur as scheduled. Additionally,
events listed in this temporary final rule
are currently open for comment in the
related NPRM published at 78 FR 20277
and Docket Number USCG–2013–1036
titled, ‘‘Safety Zones & Special Local
Regulations; Recurring Marine Events in
Captain of the Port’’ (April 4, 2013).
For the same reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register. Any
delay encountered in this regulation’s
effective date by waiting for the NPRM
comment period to close would be
impracticable and contrary to public
interest since immediate action is
needed to provide for the safety of life
and property on navigable waters from
the hazardous nature of fireworks
including unexpected detonation and
burning debris.
B. Basis and Purpose
The legal basis for this temporary rule
is 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; Public Law 107–295, 116 Stat.
2064; and Department of Homeland
Security Delegation No. 0170.1, which
collectively authorize the Coast Guard
to define regulatory safety zones.
This rulemaking establishes safety
zones for marine events involving
fireworks displays on the navigable
waters of the COTP Sector LIS zone.
This rule is necessary to protect
waterway users from the dangers
inherent to fireworks displays.
C. Discussion of the Final Rule
This temporary rule establishes safety
zones for three fireworks displays in the
COTP Sector LIS zone. Each zone
encompasses a 600 foot radius around
the launch site. These events are:
FIREWORKS DISPLAY EVENTS
Bridgeport Bluefish April Fireworks ....................................................
2
Cherry Grove Arts Project Fireworks ..................................................
3
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1
Bridgeport Bluefish June Fireworks ....................................................
Because large numbers of spectator
vessels are expected to congregate
around the location of these events,
these regulated areas are needed to
protect both spectators and participants
from the safety hazards created by them
including unexpected pyrotechnics
detonation and burning debris.
This rule prevents vessels from
entering, transiting, mooring or
anchoring within areas specifically
designated as regulated areas during the
periods of enforcement unless
authorized by the COTP or designated
representative.
The Coast Guard has determined that
these regulated areas will not have a
significant impact on vessel traffic due
to their temporary nature, limited size,
and the fact that vessels are allowed to
transit the navigable waters outside of
the regulated areas. The COTP will
cause public notifications to be made by
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• Location: Waters of the Pequannock south of the Interstate 95
bridge surrounding Steel Point in Bridgeport, CT.
• Location: Waters of the Great South Bay 1200 feet north of Cherry
Grove, NY.
• Location: Waters of the Pequannock south of the Interstate 95
bridge surrounding Steel Point in Bridgeport, CT.
all appropriate means including but not
limited to the Local Notice to Mariners
and 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 these statutes and 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
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Budget has not reviewed it under those
Orders.
The Coast Guard determined that this
rule is not a significant regulatory action
for the following reasons: The regulated
areas will be of limited duration and
cover only a small portion of the
navigable waterways. Furthermore,
vessels may transit the navigable
waterways outside of the regulated
areas. Vessels requiring entry into the
regulated areas may be authorized to do
so by the COTP or designated
representative.
Advanced public notifications will
also be made to the local maritime
community by the Local Notice to
Mariners as well as Broadcast Notice to
Mariners.
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
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potential impact of regulations on small
entities during rulemaking. 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.
The owners or operators of vessels
intending to transit or anchor in the
designated regulated areas during the
enforcement periods stated for each
event listed below in the List of
Subjects.
The temporary safety zones will not
have a significant economic impact on
a substantial number of small entities
for the following reasons: The regulated
areas will be of limited size and of short
duration, and vessels that can safely do
so may navigate in all other portions of
the waterways except for the areas
designated as regulated areas.
Additionally, notifications will be made
before the effective period by all
appropriate means, including but not
limited to the Local Notice to Mariners
and Broadcast Notice to Mariners well
in advance of the events.
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
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
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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
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 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
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24681
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 safety zones. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; and
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T0–0227 to read as
follows:
■
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Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations
§ 165.T0–0227 Safety Zones; Fireworks
Displays in Captain of the Port Long Island
Sound Zone.
(a) Regulations. The general
regulations contained in 33 CFR 165.23
as well as the following regulations
apply to the events listed in the TABLE
of § 165.T01–0227. These regulations
will be enforced for the duration of each
event.
(b) Enforcement period. This rule will
be enforced from on the dates and times
listed for each event in TABLE of
§ 165.T01–0227.
(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 (COTP), Sector Long Island Sound,
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) Spectators desiring to enter or
operate within the regulated areas
should contact the COTP or the
designated representative via VHF
channel 16 or by telephone at (203)
468–4404 to obtain permission to do so.
Spectators given permission to enter or
operate in the regulated area must
comply with all directions given to
them by the COTP Sector Long Island
Sound or the designated on-scene
representative.
(e) Upon being hailed by an official
patrol 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.
(f) The regulated area for all fireworks
displays listed in the TABLE of
§ 165.T01–0227 is that area of navigable
waters within a 1000 foot radius of the
launch platform or launch site for each
fireworks display. Fireworks barges
used in these locations will also have a
sign on their port and starboard side
labeled ‘‘FIREWORKS—STAY AWAY.’’
This sign will consist of 10 inch high by
1.5 inch wide red lettering on a white
background. Shore sites used in these
locations will display a sign labeled
‘‘FIREWORKS—STAY AWAY’’ with the
same dimensions.
TABLE OF § 165.T01–0227—FIREWORKS DISPLAY EVENTS
1
Bridgeport Bluefish April Fireworks ....................................................
2
Cherry Grove Arts Project Fireworks ..................................................
3
Bridgeport Bluefish June Fireworks ....................................................
Dated: April 11, 2013.
J.M. Vojvodich,
Captain, U. S. Coast Guard, Captain of the
Port Sector Long Island Sound.
• Date: Saturday April 27, 2013 from 7:30 p.m. until 10:30 p.m.
• Location: Waters of the Pequannock River’s Lower Reach surrounding Steel Point in Bridgeport, CT in approximate position
41°10′35″ N 073°10′58″ W (NAD 83).
• Date: Sunday June 9, 2013 from 9 p.m. until 10 p.m.
• Rain Date: Monday June 10, 2013.
• Location: Waters of the Great South Bay off Cherry Grove, NY in approximate position 40°39′49.06″ N, 073°05′27.99″ W (NAD 83).
• Date Saturday June 8, 2013 from 7:30 p.m. until 10:30 p.m. and Saturday June 22, 2013 from 7:30 p.m. until 10:30 p.m.
• Location: Waters of the Pequannock River’s Lower Reach surrounding Steel Point in Bridgeport, CT in approximate position
41°10′35″ N 073°10′58″ W (NAD 83).
40 CFR Part 180
fruit, group 11 and stone fruit, group 12,
in connection with authorizations for
emergency exemption uses under
section 18 of the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA). This document amends the
tolerance listing for dinotefuran by
restoring the time-limited tolerances
that were inadvertently deleted by a
subsequent (unrelated) final rule
published in the Federal Register of
November 28, 2012.
[EPA–HQ–OPP–2012–0755; FRL–9384–9]
DATES:
[FR Doc. 2013–10013 Filed 4–25–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
Dinotefuran; Pesticide Tolerances for
Emergency Exemptions; Technical
Amendment
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical
amendment.
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AGENCY:
EPA issued a final rule in the
Federal Register of November 9, 2012,
concerning establishing time-limited
tolerances for dinotefuran on pome
SUMMARY:
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14:45 Apr 25, 2013
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This final rule amendment is
effective April 26, 2013.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2012–0755, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
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Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Andrea Conrath, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington DC
20460–0001; telephone number: (703)
308–9356; email address:
conrath.andrea@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
The Agency included in the final rule
a list of those who may be potentially
affected by this action.
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]]>Agencies
[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Rules and Regulations]
[Pages 24679-24682]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10013]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0227]
RIN 1625-AA00
Safety Zones; Fireworks Displays in Captain of the Port Long
Island Sound Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing three temporary safety zones
for fireworks displays within the Captain of the Port (COTP) Long
Island Sound (LIS) Zone. This action is necessary to provide for the
safety of life on navigable waters during these events. Entry into,
transit through, mooring or anchoring within these zones is prohibited
unless authorized by the COTP Sector Long Island Sound.
DATES: This rule is effective from April 27, 2013, until June 22, 2013.
This rule will be enforced during the specific dates and times listed
in Table of Sec. 165.T01-0227.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0227]. To view documents
[[Page 24680]]
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.,
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 Petty Officer Scott Baumgartner, Prevention Department,
Coast Guard Sector Long Island Sound, (203) 468-4428,
Scott.A.Baumgartner@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
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). Because the information for the
list of events in the Captain of the Port Long Island Sound Zone was
not finalized until recently, it is impracticable to undertake notice
and comment with regard to the events in this regulation because the
events are set to occur as scheduled. Additionally, events listed in
this temporary final rule are currently open for comment in the related
NPRM published at 78 FR 20277 and Docket Number USCG-2013-1036 titled,
``Safety Zones & Special Local Regulations; Recurring Marine Events in
Captain of the Port'' (April 4, 2013).
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Any delay
encountered in this regulation's effective date by waiting for the NPRM
comment period to close would be impracticable and contrary to public
interest since immediate action is needed to provide for the safety of
life and property on navigable waters from the hazardous nature of
fireworks including unexpected detonation and burning debris.
B. Basis and Purpose
The legal basis for this temporary rule is 33 U.S.C. 1226, 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; and
Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to define regulatory safety
zones.
This rulemaking establishes safety zones for marine events
involving fireworks displays on the navigable waters of the COTP Sector
LIS zone. This rule is necessary to protect waterway users from the
dangers inherent to fireworks displays.
C. Discussion of the Final Rule
This temporary rule establishes safety zones for three fireworks
displays in the COTP Sector LIS zone. Each zone encompasses a 600 foot
radius around the launch site. These events are:
Fireworks Display Events
------------------------------------------------------------------------
------------------------------------------------------------------------
1 Bridgeport Bluefish April Fireworks.. Location: Waters of
the Pequannock south of the
Interstate 95 bridge
surrounding Steel Point in
Bridgeport, CT.
2 Cherry Grove Arts Project Fireworks.. Location: Waters of
the Great South Bay 1200 feet
north of Cherry Grove, NY.
3 Bridgeport Bluefish June Fireworks... Location: Waters of
the Pequannock south of the
Interstate 95 bridge
surrounding Steel Point in
Bridgeport, CT.
------------------------------------------------------------------------
Because large numbers of spectator vessels are expected to
congregate around the location of these events, these regulated areas
are needed to protect both spectators and participants from the safety
hazards created by them including unexpected pyrotechnics detonation
and burning debris.
This rule prevents vessels from entering, transiting, mooring or
anchoring within areas specifically designated as regulated areas
during the periods of enforcement unless authorized by the COTP or
designated representative.
The Coast Guard has determined that these regulated areas will not
have a significant impact on vessel traffic due to their temporary
nature, limited size, and the fact that vessels are allowed to transit
the navigable waters outside of the regulated areas. The COTP will
cause public notifications to be made by all appropriate means
including but not limited to the Local Notice to Mariners and 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 these statutes and 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 determined that this rule is not a significant
regulatory action for the following reasons: The regulated areas will
be of limited duration and cover only a small portion of the navigable
waterways. Furthermore, vessels may transit the navigable waterways
outside of the regulated areas. Vessels requiring entry into the
regulated areas may be authorized to do so by the COTP or designated
representative.
Advanced public notifications will also be made to the local
maritime community by the Local Notice to Mariners as well as Broadcast
Notice to Mariners.
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
[[Page 24681]]
potential impact of regulations on small entities during rulemaking.
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.
The owners or operators of vessels intending to transit or anchor
in the designated regulated areas during the enforcement periods stated
for each event listed below in the List of Subjects.
The temporary safety zones will not have a significant economic
impact on a substantial number of small entities for the following
reasons: The regulated areas will be of limited size and of short
duration, and vessels that can safely do so may navigate in all other
portions of the waterways except for the areas designated as regulated
areas. Additionally, notifications will be made before the effective
period by all appropriate means, including but not limited to the Local
Notice to Mariners and Broadcast Notice to Mariners well in advance of
the events.
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 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
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 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 safety zones. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; and Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T0-0227 to read as follows:
[[Page 24682]]
Sec. 165.T0-0227 Safety Zones; Fireworks Displays in Captain of the
Port Long Island Sound Zone.
(a) Regulations. The general regulations contained in 33 CFR 165.23
as well as the following regulations apply to the events listed in the
TABLE of Sec. 165.T01-0227. These regulations will be enforced for the
duration of each event.
(b) Enforcement period. This rule will be enforced from on the
dates and times listed for each event in TABLE of Sec. 165.T01-0227.
(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 (COTP),
Sector Long Island Sound, 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) Spectators desiring to enter or operate within the regulated
areas should contact the COTP or the designated representative via VHF
channel 16 or by telephone at (203) 468-4404 to obtain permission to do
so. Spectators given permission to enter or operate in the regulated
area must comply with all directions given to them by the COTP Sector
Long Island Sound or the designated on-scene representative.
(e) Upon being hailed by an official patrol 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.
(f) The regulated area for all fireworks displays listed in the
TABLE of Sec. 165.T01-0227 is that area of navigable waters within a
1000 foot radius of the launch platform or launch site for each
fireworks display. Fireworks barges used in these locations will also
have a sign on their port and starboard side labeled ``FIREWORKS--STAY
AWAY.'' This sign will consist of 10 inch high by 1.5 inch wide red
lettering on a white background. Shore sites used in these locations
will display a sign labeled ``FIREWORKS--STAY AWAY'' with the same
dimensions.
Table of Sec. 165.T01-0227--Fireworks Display Events
------------------------------------------------------------------------
------------------------------------------------------------------------
1 Bridgeport Bluefish April Fireworks.. Date: Saturday April
27, 2013 from 7:30 p.m. until
10:30 p.m.
Location: Waters of
the Pequannock River's Lower
Reach surrounding Steel Point
in Bridgeport, CT in
approximate position
41[deg]10'35'' N
073[deg]10'58'' W (NAD 83).
2 Cherry Grove Arts Project Fireworks.. Date: Sunday June 9,
2013 from 9 p.m. until 10 p.m.
Rain Date: Monday June
10, 2013.
Location: Waters of
the Great South Bay off Cherry
Grove, NY in approximate
position 40[deg]39'49.06'' N,
073[deg]05'27.99'' W (NAD 83).
3 Bridgeport Bluefish June Fireworks... Date Saturday June 8,
2013 from 7:30 p.m. until
10:30 p.m. and Saturday June
22, 2013 from 7:30 p.m. until
10:30 p.m.
Location: Waters of
the Pequannock River's Lower
Reach surrounding Steel Point
in Bridgeport, CT in
approximate position
41[deg]10'35'' N
073[deg]10'58'' W (NAD 83).
------------------------------------------------------------------------
Dated: April 11, 2013.
J.M. Vojvodich,
Captain, U. S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2013-10013 Filed 4-25-13; 8:45 am]
BILLING CODE 9110-04-P
