Safety Zone; Bat Mitzvah Celebration Fireworks Display; Joshua Cove; Guilford, CT, 20789-20792 [2014-08222]

Download as PDF Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations 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. 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 restricting vessel movement within a regulated navigation area. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist and a categorical exclusion determination supporting this 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 10. Protection of Children From Environmental Health Risks 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 AREAS 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 mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 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, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T01–0727 to read as follows: ■ § 165.T01–0727 Regulated Navigation Area; Arthur Kill, NY and NJ. (a) Regulated Area. The following area is a regulated navigation area: All waters of the North of Shooters Island Reach, Elizabethport Reach, and Gulfport Reach in the Arthur Kill; bounded in the northeast by a line drawn from position 40°38′48.637″ N, 074°09′18.204″ W; to a point in position 40°38′37.815″ N, 074°09′20.245″ W; and bounded in the southwest by a line drawn from position 40°37′15.643″ N, 074°12′15.927″ W; to a point in position 40°37′15.779″ N, 074°12′08.0622″ W. All geographic coordinates are North American Datum of 1983 (NAD 83). (b) Regulations. (1) The general regulations contained in 33 CFR 165.13 apply. (2) All vessels must remain at least 150 feet from all drilling and blasting equipment; if a vessel must pass within 150 feet of drilling and blasting equipment for reasons of safety, they PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 20789 shall contact the dredge and/or blasting barge on Channel 13. (3) No vessel shall enter or transit any work area where drill barges and/or dredges are located without the permission of Vessel Traffic Service New York (VTSNY) Director. (4) No vessel may be underway within 1,500 feet of the blasting area during blasting operations. (5) No vessel shall enter an area of drilling or blasting when they are advised by the drilling barge or VTSNY that a misfire or hang fire has occurred. (6) Vessel Movement Reporting System (VMRS) users are prohibited from meeting or overtaking other vessels when transiting alongside an active work area where dredging and drilling equipment are being operated. (7) Each vessel transiting in the vicinity of a work area where dredges are located is required to do so at reduced speed to maintain maneuverability while minimizing the effects of wake and surge. (8) The VTSNY Director may impose additional requirements through VTS measures, as per 33 CFR 161.11. (c) Effective Period. This rule is effective from 8 a.m. on March 31, 2014 until 5 p.m. on June 1, 2014. Dated: March 31, 2014. D.B. Abel, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 2014–08218 Filed 4–11–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2014–0158] RIN 1625–AA00 Safety Zone; Bat Mitzvah Celebration Fireworks Display; Joshua Cove; Guilford, CT Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the navigable waters of Joshua Cove near Guilford, CT for the Bat Mitzvah Celebration fireworks display. This action is necessary to provide for the safety of life on navigable waters during the event. Entering into, transiting through, remaining, anchoring or mooring within this regulated area would be prohibited unless authorized by the Captain of the Port (COTP) Sector Long Island Sound. SUMMARY: E:\FR\FM\14APR1.SGM 14APR1 20790 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations This rule is effective on May 10, 2014. This rule will be enforced from 8:30 p.m. to 10:30 p.m. on May 10, 2014. DATES: Documents mentioned in this preamble are part of docket [USCG– 2014–0158]. To view documents mentioned in this preamble as being available in the docket, go to http:// 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– 4559, 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: ADDRESSES: 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 mstockstill on DSK4VPTVN1PROD with RULES 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 an NPRM would be impracticable. The Coast Guard received information regarding the fireworks display from the event sponsor on February 12, 2014. Consequently, the Coast Guard did not have enough time to draft, publish, and receive public comment on this rulemaking via an NPRM and still publish a final rule before the event was scheduled to take place. Delaying this VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 rulemaking by waiting for a comment period to run would also reduce the Coast Guard’s ability to promote the safety of event participants and the maritime public during this event. Under 5 U.S.C. 553(d)(3) and for the same reasons as stated above, the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. B. Basis and Purpose The legal basis for this temporary rule is 33 U.S.C. 1226, 1231, 1233; 46 U.S.C. Chapters 454, 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; Department of Homeland Security Delegation No. 0170.1 which collectively authorize the Coast Guard to define regulatory special local regulations and safety zones. This temporary rule establishes a safety zone in order to provide for the safety of life on navigable waterways during the Bat Mitzvah Celebration Fireworks display in Joshua Cove near Guilford, CT. C. Discussion of the Final Rule This temporary rule establishes a safety zone for the Bat Mitzvah Celebration Fireworks display. The Bat Mitzvah Celebration Fireworks display may attract large numbers of spectator vessels that will congregate around the event location. The safety zone established for this fireworks display is needed to protect both spectators and participants from the safety hazards created by it, 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 this regulated area will not have a significant impact on vessel traffic due to its temporary nature, limited size, and the fact that vessels are allowed to transit the navigable waters outside of the regulated area. 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 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 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 area 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 area. Vessels requiring entry into the regulated area 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 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 temporary safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: The regulated area 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 a regulated area. 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. E:\FR\FM\14APR1.SGM 14APR1 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations 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). mstockstill on DSK4VPTVN1PROD with RULES 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 16:13 Apr 11, 2014 Jkt 232001 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. VerDate Mar<15>2010 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. 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 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 20791 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 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 AREA AND LIMITED ACCESS AREAS 1. The authority citation for Part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 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; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T01–0158 to read as follows: ■ § 165.T01–0158 Safety Zone; Bat Mitzvah Celebration Fireworks Display; Joshua Cove; Guilford, CT. (a) Location. The following area is a safety zone: All waters of Joshua Cove near Guilford, CT within a 600-foot radius of the fireworks barge located in approximate position 41°15′06.62″ N, 072°42′48.08″ W (NAD 83). (b) Enforcement Period. This rule will be enforced from 8:30 p.m. until 10:30 p.m. on May 10, 2014. (c) Regulations. The general regulations contained in 33 CFR 165.23 apply. During the enforcement period, entering into, transiting through, remaining, mooring or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port (COTP) or the designated representatives. (1) Definitions. The following definitions apply to this section: (i) 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 COTP, Sector Long Island Sound, to act on his or her behalf. The designated representative E:\FR\FM\14APR1.SGM 14APR1 20792 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations 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. (ii) 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 Sector Long Island Sound. (iii) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels. (2) Spectators desiring to enter or operate within the regulated area should contact the COTP Sector Long Island Sound at 203–468–4401 (Sector LIS command center) or the designated representative via VHF channel 16 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. (3) 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. (4) Fireworks barges used in this location will 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. within the waters of the Raritan River upstream of the Perth Amboy Railroad Bridge. This safety zone is necessary to provide for the protection of the maritime public and safety of navigation during removal of underwater explosive hazards in the Raritan River. This action will protect the public from the dangers posed by underwater explosives by restricting unauthorized persons and vessels from traveling through or conducting underwater activities within a portion of the Raritan River while military munitions are rendered safe, detonated, and/or removed from the area. Entry into this zone (as well as a broad array of other actions) will be prohibited within the safety zone unless authorized by the Captain of the Port New York or the designated on-scene representative. DATES: This rule is effective May 14, 2014. Documents mentioned in this preamble are part of docket [USCG– 2012–1045]. To view documents mentioned in this preamble as being available in the docket, go to http:// 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. ADDRESSES: 33 CFR Part 165 If you have questions on this rule, call or email LT Hannah Eko, U.S. Coast Guard, Sector New York, Waterways Management Division, telephone (718) 354–4114, email Hannah.O.Eko@uscg.mil or BMC Craig Lapeijko, Coast Guard First District Waterways Management Branch, telephone (617) 223–8381, email craig.d.lapeijko@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. [Docket No. USCG–2012–1045] SUPPLEMENTARY INFORMATION: RIN 1625AA00 Table of Acronyms Safety Zone; Military Munitions Recovery, Raritan River, Raritan, NJ CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking USACE United States Army Corps of Engineers Dated: March 25, 2014. E.J. Cubanski, III, Captain, U.S. Coast Guard, Captain of the Port Sector Long Island Sound. [FR Doc. 2014–08222 Filed 4–11–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY mstockstill on DSK4VPTVN1PROD with RULES Coast Guard Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is establishing a permanent safety zone SUMMARY: VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 A. Regulatory History and Information On September 19, 2013 the Coast Guard published a notice of proposed rulemaking (NPRM) entitled ‘‘Safety Zone; Military Munitions Recovery, Raritan River, Raritan, NJ’’ in the Federal Register (78 FR 57567). We received 0 comments on the NPRM. B. Basis and Purpose The legal basis for the proposed 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, 160.5; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1., which collectively authorize the Coast Guard to establish safety zones. The purpose of this rule is to protect vessel traffic from the dangers of underwater explosives by restricting unauthorized persons and vessels from traveling through or conducting underwater activities within a portion of the Raritan River while military munitions are rendered safe, detonated, or removed from the area. The United States Corps of Army Engineers (USACE) is conducting a remedial investigation within the Raritan River using advanced metal detection, removal, and detonation techniques. The prior start date of spring 2013 was delayed by application reviews and is now scheduled to begin in the spring of 2014. C. Discussion of Comments, Changes, and the Final Rule No comments were received concerning this rule. The Coast Guard will establish a safety zone encompassing all navigable waters of the Raritan River upstream of the Perth Amboy Railroad Bridge to ensure the safety of mariners and vessels around the military munitions removal area. These safety zones will be enforced while on-scene workers are retrieving military munitions that could pose a hazard to persons or vessels operating in the area. Each military munitions retrieval is expected to require the activation of the safety zone for a minimum of 60 minutes. Intended work hours (subject to change) are 6:00 a.m. through 6:00 p.m., Monday through Friday. The USACE will provide notice of the activation of the safety zone via vessels stationed at the eastern and western boundaries of the safety zone. These vessels will have flashing yellow lights to alert mariners to their presence and that the safety zone is being enforced. E:\FR\FM\14APR1.SGM 14APR1

Agencies

[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Rules and Regulations]
[Pages 20789-20792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08222]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0158]
RIN 1625-AA00


Safety Zone; Bat Mitzvah Celebration Fireworks Display; Joshua 
Cove; Guilford, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Joshua Cove near Guilford, CT for the Bat Mitzvah 
Celebration fireworks display. This action is necessary to provide for 
the safety of life on navigable waters during the event. Entering into, 
transiting through, remaining, anchoring or mooring within this 
regulated area would be prohibited unless authorized by the Captain of 
the Port (COTP) Sector Long Island Sound.

[[Page 20790]]


DATES: This rule is effective on May 10, 2014. This rule will be 
enforced from 8:30 p.m. to 10:30 p.m. on May 10, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0158]. To view documents mentioned in this preamble as being 
available in the docket, go to http://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) 468-4559, 
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), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because an NPRM would be impracticable. The 
Coast Guard received information regarding the fireworks display from 
the event sponsor on February 12, 2014. Consequently, the Coast Guard 
did not have enough time to draft, publish, and receive public comment 
on this rulemaking via an NPRM and still publish a final rule before 
the event was scheduled to take place. Delaying this rulemaking by 
waiting for a comment period to run would also reduce the Coast Guard's 
ability to promote the safety of event participants and the maritime 
public during this event.
    Under 5 U.S.C. 553(d)(3) and for the same reasons as stated above, 
the Coast Guard finds that good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1226, 1231, 
1233; 46 U.S.C. Chapters 454, 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; 
Department of Homeland Security Delegation No. 0170.1 which 
collectively authorize the Coast Guard to define regulatory special 
local regulations and safety zones.
    This temporary rule establishes a safety zone in order to provide 
for the safety of life on navigable waterways during the Bat Mitzvah 
Celebration Fireworks display in Joshua Cove near Guilford, CT.

C. Discussion of the Final Rule

    This temporary rule establishes a safety zone for the Bat Mitzvah 
Celebration Fireworks display. The Bat Mitzvah Celebration Fireworks 
display may attract large numbers of spectator vessels that will 
congregate around the event location. The safety zone established for 
this fireworks display is needed to protect both spectators and 
participants from the safety hazards created by it, 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 this regulated area will not 
have a significant impact on vessel traffic due to its temporary 
nature, limited size, and the fact that vessels are allowed to transit 
the navigable waters outside of the regulated area. 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 area 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 area. Vessels requiring entry into the 
regulated area 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 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 temporary safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: The regulated area 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 a 
regulated area. 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.

[[Page 20791]]

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 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 AREA AND LIMITED ACCESS AREAS


0
1. The authority citation for Part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 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; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T01-0158 to read as follows:


Sec.  165.T01-0158  Safety Zone; Bat Mitzvah Celebration Fireworks 
Display; Joshua Cove; Guilford, CT.

    (a) Location. The following area is a safety zone: All waters of 
Joshua Cove near Guilford, CT within a 600-foot radius of the fireworks 
barge located in approximate position 41[deg]15'06.62'' N, 
072[deg]42'48.08'' W (NAD 83).
    (b) Enforcement Period. This rule will be enforced from 8:30 p.m. 
until 10:30 p.m. on May 10, 2014.
    (c) Regulations. The general regulations contained in 33 CFR 165.23 
apply. During the enforcement period, entering into, transiting 
through, remaining, mooring or anchoring within this safety zone is 
prohibited unless authorized by the Captain of the Port (COTP) or the 
designated representatives.
    (1) Definitions. The following definitions apply to this section:
    (i) 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 COTP, Sector Long Island 
Sound, to act on his or her behalf. The designated representative

[[Page 20792]]

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.
    (ii) 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 Sector Long Island 
Sound.
    (iii) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (2) Spectators desiring to enter or operate within the regulated 
area should contact the COTP Sector Long Island Sound at 203-468-4401 
(Sector LIS command center) or the designated representative via VHF 
channel 16 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.
    (3) 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.
    (4) Fireworks barges used in this location will 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.

    Dated: March 25, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2014-08222 Filed 4-11-14; 8:45 am]
BILLING CODE 9110-04-P