Safety Zone; RXR Sea Faire Celebration Fireworks, Glen Cove, NY, 33972-33975 [2013-13422]
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33972
Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations
Thea Foss Waterway, mile 0.6, at
Tacoma, WA. The current test deviation
will expire 8 a.m. June 15, 2013. This
deviation is necessary to continue with
the current operating schedule until the
final rulemaking changes permanently
go into effect.
DATES: This deviation is effective from
8 a.m. on June 15, 2013 to 8 a.m. June
30, 2013.
ADDRESSES: The docket for this
deviation, [USCG–2012–0911] is
available at 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 deviation. 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 temporary
deviation, call or email Lieutenant
Commander Steven Fischer, Bridge
Specialist, Coast Guard Thirteenth
District; telephone 206–220–7277, email
Steven.M.Fischer2@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: On
November 20, 2012, the Coast Guard
published a notice of proposed
rulemaking (NPRM) entitled,
‘‘Drawbridge Operation Regulation;
Thea Foss Waterway previously known
as City Waterway, Tacoma, WA’’ in the
Federal Register (77 FR 69576). This
NPRM proposed three changes to the
operating schedule of the Murray
Morgan Bridge, also known as the South
11th Street Bridge, across Thea Foss
Waterway, previously known as City
Waterway, mile 0.6, at Tacoma.
The first change requires that for
bridge openings needed between 10
p.m. and 8 a.m., notification be made no
later than 8 p.m. prior to the desired
opening. This differs from the existing
regulation in that presently the bridge is
required to open at all times (except
during authorized closure periods)
provided two hours advance notice is
given. Over an 18 month period there
were only 6 bridge openings requested
between 10 p.m. and 8 a.m. which
averages one bridge opening request per
three month period. One of the unique
features of the Murray Morgan Bridge is
its height above the waterway providing
60 feet of clearance at mean high water
(MHW) in the closed position. Because
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of this vertical clearance the
overwhelming majority of vessels which
transit this waterway do not require a
bridge opening. The majority of bridge
openings are for locally moored and
operated recreational sailboats with
mast heights over 60 feet. Almost all of
these vessels are moored at marinas in
very close proximity of the bridge.
The second change is removing the
authorized bridge closure periods in the
morning and afternoon. The current
regulation states that the draw need not
be opened from 6:30 a.m. to 8:30 a.m.
and 3:30 p.m. to 5:30 p.m. Monday
through Friday, for vessels of less than
1,000 gross tons. This change requires
the draw to open at all times with
proper advance notification. The
morning and afternoon authorized
closures of the bridge outlined in the
existing regulation were put into place
when the bridge was part of SR 509, a
continuous route from Northeast
Tacoma to downtown, and traffic
volumes were approximately 15,000
vehicles per day. In 1997 a new SR 509
was constructed approximately 0.7
miles south of the bridge and is now
used as the main traffic corridor. After
completion of the new SR 509, the
Murray Morgan Bridge connection
between Northeast Tacoma and
downtown was severed due to roadway
reconfiguration, resulting in traffic
volumes dropping dramatically;
therefore, the bridge no longer conveys
high volumes of traffic during the
morning and afternoon rush hours.
The third change is principally
administrative and changes the contact
information for emergency bridge
openings. The existing regulation states
‘‘In emergencies, openings shall be
made as soon as possible upon
notification to the Washington State
Department of Transportation.’’ The
change requires notification for
emergency opening to be made to the
City of Tacoma. The reason for this
change is because Washington State
turned over ownership and
responsibility of the bridge to the City
of Tacoma on January 6, 1998.
In conjunction with the NPRM
published on November 20, 2012, the
Coast Guard published a temporary
deviation from regulations entitled,
‘‘Drawbridge Operation Regulation;
Thea Foss Waterway previously known
as City Waterway, Tacoma, WA’’ in the
Federal Register (77 FR 69562) to test
the operating schedule under the
proposed regulations. Under this
temporary deviation the bridge operates
as follows: The draw of the Murray
Morgan Bridge, also known as the South
11th Street Bridge, across Thea Foss
Waterway, previously known as City
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Waterway, mile 0.6, at Tacoma, shall
open on signal if at least two hours
notice is given. However, to obtain a
bridge opening between 10 p.m. and 8
a.m. notification must be made to the
City of Tacoma by 8 p.m. In
emergencies, openings shall be made as
soon as possible upon notification to the
City of Tacoma. The Murray Morgan
Bridge is a vertical lift bridge which
provides a vertical clearance of 60 feet
above mean high water (MHW) while in
the closed position and 135 feet of
vertical clearance in the open position.
Vessels which do not require a bridge
opening may continue to transit beneath
the bridge at any time.
This test deviation is set to expire at
8 a.m. June 15, 2013. However, the final
rule which will make these changes to
the operating schedule permanent will
not be effective by the date in which the
test deviation expires. Therefore, to
maintain safe and efficient transit
through the bridge, the Coast Guard has
issued a temporary deviation from
regulations to continue the current
operating schedule as laid out above
until June 30, 2013. The Coast Guard
will also inform the users of the
waterways through our Local and
Broadcast Notices to Mariners of the
closure periods for the bridge so that
vessels can arrange their transits to
minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: May 23, 2013.
Daryl R. Peloquin,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2013–13424 Filed 6–5–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0358]
RIN 1625–AA00
Safety Zone; RXR Sea Faire
Celebration Fireworks, Glen Cove, 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
SUMMARY:
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Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations
Sound in the vicinity of Glen Cove, 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 Long Island Sound
before, during, and immediately after
the fireworks event.
DATES: This rule is effective on July 6,
2013, from 8 p.m. until 11 p.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0358]. 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.,
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 New York,
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
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
NPRM Notice of Proposed Rulemaking
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A. Regulatory History and Information
The Coast Guard is issuing this 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 doing so would be
impracticable. The Coast Guard did not
receive the necessary information from
the event sponsor in time to issue a
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notice of proposed rulemaking. The
event sponsor advised that the event is
in correlation with a local Sea faire
festival, therefore the sponsor is unable
and unwilling to cancel or delay the
event date.
Under 5 U.S.C. 553(d)(3), for the same
reasons mentioned above, the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. 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 the effective date of
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; 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.
The fireworks are taking place as part of
the RXR Sea Faire Celebration
Fireworks in Glen Cove, NY. 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 an
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.
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
Glen Cove, 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, or the
designated representative.
This temporary safety zone will
restrict vessels from a portion of Long
Island Sound around the location of the
fireworks launch platform before,
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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.
Advanced public notifications may
also be made to the local mariners
through appropriate means, which may
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 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 a
short period, in the late evening. 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
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Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations
in effect a short period; 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 which may include
but are 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
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).
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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
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Jkt 229001
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
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.
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jeopardizing the safety or security of
people, places or vessels.
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.
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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.
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
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.T01–0358 to read as
follows:
■
§ 165.T01–0358 Safety Zone; RXR Sea
Faire Celebration Fireworks, Glen Cove
(a) Regulated Area. The following area
is a temporary safety zone: All navigable
waters of Long Island Sound within a
200-yard radius of the fireworks barge
located in approximate position
40°51′10″ N, 073°39′15″ W, in the
vicinity of Glen Cove, NY.
(b) Effective Dates and Enforcement
Periods. This rule is effective and will
be enforced on July 6, 2013, from 8 p.m.
until 11 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
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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 spectators 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: May 17, 2013.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the
Port New York.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0419]
RIN 1625–AA00
Safety Zone; Flagship Niagara
Mariners Ball Fireworks, Presque Isle
Bay, Erie, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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The Coast Guard is
establishing a temporary safety zone on
Presque Isle Bay, Erie, PA. This safety
zone is intended to restrict vessels from
a portion of Presque Isle Bay during the
Flagship Niagara Mariners Ball
SUMMARY:
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Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
[FR Doc. 2013–13422 Filed 6–5–13; 8:45 am]
ACTION:
Fireworks display. This temporary
safety zone is necessary to protect
spectators and vessels from the hazards
associated with a fireworks display.
DATES: This rule will be effective from
9:30 p.m. until 11 p.m. on June 8, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0419]. 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.,
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 LT Christopher Mercurio, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9343, email
SectorBuffaloMarineSafety@uscg.mil. If
you have questions on viewing the
docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY 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 doing
so would be impracticable. The final
details for this event were not known to
the Coast Guard until there was
insufficient time remaining before the
event to publish an NPRM. Delaying the
effective date of this rule to wait for a
comment period to run is impracticable
because it would inhibit the Coast
Guard’s ability to protect spectators and
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33975
vessels from the hazards associated with
a maritime fireworks display, which are
discussed further below.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
Between 10 p.m. and 10:30 p.m. on
June 8, 2013, a fireworks display will be
held on Presque Isle Bay near the Cruise
Terminal Pier in Erie, PA. The Captain
of the Port Buffalo has determined that
fireworks launched proximate to a
gathering of watercraft pose a significant
risk to public safety and property. Such
hazards include premature and
accidental detonations, dangerous
projectiles, and falling or burning
debris.
C. Discussion of the Final Rule
With the aforementioned hazards in
mind, the Captain of the Port Buffalo
has determined that this temporary
safety zone is necessary to ensure the
safety of spectators and vessels during
the Flagship Niagara Mariners Ball
Fireworks. This zone will be effective
and enforced from 9:30 p.m. until 11
p.m. on June 8, 2013. This zone will
encompass all waters of Presque Isle
Bay, Erie, PA within a 420 foot radius
of position 42°08′21.5″ N and
80°05′16.7″ W (NAD 83).
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Buffalo or his designated on-scene
representative. The Captain of the Port
or his designated on-scene
representative may be contacted via
VHF Channel 16.
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
E:\FR\FM\06JNR1.SGM
06JNR1
Agencies
[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Rules and Regulations]
[Pages 33972-33975]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13422]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0358]
RIN 1625-AA00
Safety Zone; RXR Sea Faire Celebration Fireworks, Glen Cove, 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
[[Page 33973]]
Sound in the vicinity of Glen Cove, 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 Long Island Sound
before, during, and immediately after the fireworks event.
DATES: This rule is effective on July 6, 2013, from 8 p.m. until 11
p.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0358]. 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., 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 New
York, 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 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
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this 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 doing so would be impracticable. The
Coast Guard did not receive the necessary information from the event
sponsor in time to issue a notice of proposed rulemaking. The event
sponsor advised that the event is in correlation with a local Sea faire
festival, therefore the sponsor is unable and unwilling to cancel or
delay the event date.
Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register. 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 the effective date of 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; 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. The fireworks are taking place as part of the RXR Sea Faire
Celebration Fireworks in Glen Cove, NY. 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 an
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.
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 Glen Cove, 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, or the designated representative.
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.
Advanced public notifications may also be made to the local
mariners through appropriate means, which may 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 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 a short period, in the late evening. 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
[[Page 33974]]
in effect a short period; 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 which may include but are 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 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.
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; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-0358 to read as follows:
Sec. 165.T01-0358 Safety Zone; RXR Sea Faire Celebration Fireworks,
Glen Cove
(a) Regulated Area. The following area is a temporary safety zone:
All navigable waters of Long Island Sound within a 200-yard radius of
the fireworks barge located in approximate position 40[deg]51'10'' N,
073[deg]39'15'' W, in the vicinity of Glen Cove, NY.
(b) Effective Dates and Enforcement Periods. This rule is effective
and will be enforced on July 6, 2013, from 8 p.m. until 11 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
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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 spectators 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: May 17, 2013.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2013-13422 Filed 6-5-13; 8:45 am]
BILLING CODE 9110-04-P