Safety Zone: Freeport Chamber of Commerce Fireworks Display, South Oyster Bay; Freeport, NY, 22930-22933 [2014-09364]

Download as PDF 22930 Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Proposed Rules 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 proposes to amend 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. 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; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T01–0232 to read as follows: ■ mstockstill on DSK4VPTVN1PROD with PROPOSALS § 165.T01–0232 Safety Zone; Smith Point Triathlon; Narrow Bay, Mastic Beach, NY. (a) Location. The following area is a safety zone: Waters of Narrow Bay near Smith Point Park in Mastic Beach, NY within the area bounded by land along its southern edge and points in position 40°44′14.28″ N 072°51′40.68″ W northerly through position 40°44′20.83″ N 072°51′40.68″ W, then easterly through position 40°44′20.83″ N 072°51′19.73″ W, then southerly through position 40°44′14.85″ N 072°51′19.73″ W (NAD 83). All positions are approximate. (b) Enforcement Period. This rule will be enforced on June 1, 2014 from 6:00 a.m. until 9:30 a.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 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 Sector Long Island Sound. (3) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels. (d) Regulations. The general regulations contained in 33 CFR 165.23 apply. During the enforcement period, entering into, transiting through, VerDate Mar<15>2010 16:16 Apr 24, 2014 Jkt 232001 remaining, mooring or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port (COTP) or the designated representatives. (1) Spectators desiring to enter or operate within the regulated area should contact the COTP Sector Long Island Sound at 203–468–4401 (Sector Long Island Sound 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. (2) 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. (3) Vessels not associated with the event shall maintain a separation of at least 100 yards from the participants. [Docket Number USCG–2014–0240] this regulated area would be prohibited unless authorized by the Captain of the Port (COTP) Sector Long Island Sound. DATES: Comments and related material must be received by the Coast Guard on or before May 27, 2014. Requests for public meetings must be received by the Coast Guard on or before May 2, 2014. ADDRESSES: You may submit comments identified by docket number using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. 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: RIN 1625–AA00 Table of Acronyms Safety Zone: Freeport Chamber of Commerce Fireworks Display, South Oyster Bay; Freeport, NY COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking Dated: April 8, 2014. E. J. Cubanski, III, Captain, U.S. Coast Guard, Captain of the Port Sector Long Island Sound. [FR Doc. 2014–09380 Filed 4–24–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 Coast Guard, DHS. Notice of Proposed Rulemaking. AGENCY: ACTION: The Coast Guard proposes to establish a temporary safety zone on the navigable waters of South Oyster Bay near the Guy Lombardo Marina in Freeport, NY for the Freeport Chamber of Commerce fireworks display. This action is necessary to provide for the safety of life on navigable waters during the event. The safety zone will facilitate public notification of the event and provide protective measures for the maritime public and event participants from the hazards associated with this event. Entering into, transiting through, remaining, anchoring or mooring within SUMMARY: PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 A. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason E:\FR\FM\25APP1.SGM 25APP1 Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Proposed Rules for each suggestion or recommendation. You may submit your comments and material online at http:// www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG–2014–0240] in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. 2. Viewing Comments and Documents mstockstill on DSK4VPTVN1PROD with PROPOSALS To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG–2014–0240) 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. 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets VerDate Mar<15>2010 16:16 Apr 24, 2014 Jkt 232001 in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one, using one of the methods specified under ADDRESSES on or before May 2, 2014. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. B. Regulatory History and Information This is a first time event with no regulatory history. C. Basis and Purpose The legal basis for this temporary 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, and 160.5; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1 which collectively authorize the Coast Guard to define regulatory safety zones. This temporary rule is necessary to promote the safety of life on navigable waterways during the Freeport Chamber of Commerce fireworks display in South Oyster Bay near the Guy Lombardo Marina in Freeport, NY. D. Discussion of Proposed Rule This temporary rule proposes to establish a safety zone for the Freeport Chamber of Commerce fireworks display. This proposed regulated area includes all waters of South Oyster Bay within a 600 foot radius of the fireworks launch site located at the Guy Lombardo Marina in Freeport, NY. This rule will be effective from 8:45 p.m. on July 5, 2014 to 10:00 p.m. on July 12, 2014. The fireworks display is scheduled to occur and this regulation will be enforced from 8:45 p.m. to 10:00 p.m. on July 5, 2014. If the event is cancelled due to inclement weather, then this regulation will be enforced from 8:45 p.m. until 10:00 p.m. on July 12, 2014. Because spectator vessels are expected to congregate around the location of the fireworks display, this regulated area is necessary to protect both spectators and participants from the hazards created by unexpected pyrotechnics detonation, and burning debris. This proposed rule would temporarily establish a regulated area to restrict vessel movement on the navigable waters around the location of the fireworks display to reduce the safety risks associated with it. PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 22931 Public notifications may be made to the local maritime community prior to the event through the Local Notice to Mariners, and Broadcast Notice to Mariners. E. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes or executive orders. 1. Regulatory Planning and Review This proposed 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 rulemaking would not be a significant regulatory action for the following reasons: The regulated area will be of limited duration, the area covers only a small portion of the navigable waterways and waterway users may transit around the area. Also, mariners may request permission from the COTP Sector Long Island Sound or the designated representative to transit the zone. Advanced public notifications will also be made to the local maritime community through 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 proposed rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to enter, transit, anchor or moor within the regulated area during the effective period. The temporary safety zone will not have a E:\FR\FM\25APP1.SGM 25APP1 22932 Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Proposed Rules 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 mariners may request permission from the COTP Sector Long Island Sound or the designated representative to transit the zone. Notifications will be made to the maritime community through the Local Notice to Mariners and Broadcast Notice to Mariners well in advance of the event. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 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 proposed 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. 4. Collection of Information This proposed 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 PROPOSALS 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 proposed 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 VerDate Mar<15>2010 16:16 Apr 24, 2014 Jkt 232001 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This proposed 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 From Environmental Health Risks We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. 11. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 proposed rule is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 13. Technical Standards This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed 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 made a preliminary determination 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 proposed rule involves establishing a safety zone. This rule may be categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. A preliminary environmental analysis checklist supporting this determination is 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 proposed 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 proposes to amend 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. 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; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T01–0240 to read as follows: ■ § 165.T01–0240 Safety Zone; Freeport Chamber of Commerce Fireworks Display; South Oyster Bay; Freeport, NY. (a) Location. The following area is a safety zone: All waters of South Oyster Bay within a 600-foot radius of the fireworks launch site located at the Guy Lombardo Marina in Freeport, NY in approximate position 40°37′27.27″ N, 073°34′34.64″ W North American Datum 1983. (b) Enforcement Period. This rule will be enforced on July 5, 2014 from 8:45 E:\FR\FM\25APP1.SGM 25APP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Proposed Rules p.m. to 10:00 p.m. If the event is postponed due to inclement weather, then this rule will be enforced on July 12, 2014 from 8:45 p.m. to 10:00 p.m. (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 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 Long Island Sound 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 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. Dated: April 8, 2014. E. J. Cubanski III, Captain, U. S. Coast Guard, Captain of the Port Sector Long Island Sound. [FR Doc. 2014–09364 Filed 4–24–14; 8:45 am] BILLING CODE 9110–04–P VerDate Mar<15>2010 16:16 Apr 24, 2014 Jkt 232001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 226 [Docket No. 140407321–4321–01] RIN 0648–XD233 Listing Endangered or Threatened Species: 90-Day Finding on a Petition To Revise the Critical Habitat Designation for the Southern Resident Killer Whale National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: 90-day petition finding; request for information. AGENCY: We, the National Marine Fisheries Service (NMFS), announce a 90-day finding on a petition from the Center for Biological Diversity to revise the critical habitat designation for the Southern Resident killer whale (Orcinus orca) Distinct Population Segment (DPS) under the Endangered Species Act (ESA). In November 2006 we issued a final rule designating approximately 2,560 square miles (6,630 square km) of inland waters of Washington State as critical habitat for the Southern Resident killer whale DPS. The petition requests we revise this critical habitat to include inhabited Pacific Ocean marine waters along the West Coast of the United States that constitute essential foraging and wintering areas. Additionally, the petition requests that we adopt protective in-water sound levels as a primary constituent element for both currently designated critical habitat and the proposed revised critical habitat. We find that the petition to revise critical habitat, viewed in the context of information readily available in our files, presents substantial scientific information indicating the petitioned action may be warranted. We are hereby initiating a review of the currently designated critical habitat to determine whether revision is warranted. To ensure a comprehensive review, we are soliciting scientific and commercial information pertaining to this action. DATES: Scientific and commercial information pertinent to the petitioned action must be received by June 24, 2014. ADDRESSES: You may submit comments, information, or data on this document, identified by the code NOAA–NMFS– 2014–0041, by any of the following methods: Electronic Submissions: SUMMARY: PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 22933 Submit all electronic comments via the Federal eRulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20140041, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. Mail or hand-delivery: NMFS, West Coast Region, Protected Resources Division, 7600 Sand Point Way NE., Seattle, WA 98115. Attention—Lynne Barre, Seattle Branch Chief. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. We will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous), although submitting comments anonymously will prevent us from contacting you if we have difficulty retrieving your submission. Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. Copies of the petition and the list of references are available online at: http:// www.westcoast.fisheries.noaa.gov/ protected_species/marine_mammals/ killer_whale/esa_status.html. FOR FURTHER INFORMATION CONTACT: Lynne Barre, NMFS West Coast Region, (206) 526–4745; or Dwayne Meadows, NMFS Office of Protected Resources, (301) 427–8403. SUPPLEMENTARY INFORMATION: Background On January 21, 2014, we received a petition from the Center for Biological Diversity requesting revision to the critical habitat designation for the Southern Resident killer whale DPS. The ESA defines critical habitat under section 3(5)(A) as: ‘‘(i) The specific areas within the geographical area currently occupied by the species, at the time it is listed . . . on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by the species at the time it is listed upon a determination by the Secretary that such areas are essential for the conservation of the species.’’ E:\FR\FM\25APP1.SGM 25APP1

Agencies

[Federal Register Volume 79, Number 80 (Friday, April 25, 2014)]
[Proposed Rules]
[Pages 22930-22933]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09364]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0240]
RIN 1625-AA00


Safety Zone: Freeport Chamber of Commerce Fireworks Display, 
South Oyster Bay; Freeport, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the navigable waters of South Oyster Bay near the Guy Lombardo 
Marina in Freeport, NY for the Freeport Chamber of Commerce fireworks 
display. This action is necessary to provide for the safety of life on 
navigable waters during the event. The safety zone will facilitate 
public notification of the event and provide protective measures for 
the maritime public and event participants from the hazards associated 
with this 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.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 27, 2014.
    Requests for public meetings must be received by the Coast Guard on 
or before May 2, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

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
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason

[[Page 22931]]

for each suggestion or recommendation. You may submit your comments and 
material online at http://www.regulations.gov, or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online, it will be considered received by the Coast Guard when 
you successfully transmit the comment. If you fax, hand deliver, or 
mail your comment, it will be considered as having been received by the 
Coast Guard when it is received at the Docket Management Facility. We 
recommend that you include your name and a mailing address, an email 
address, or a telephone number in the body of your document so that we 
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-0240] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0240) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES on 
or before May 2, 2014. Please explain why you believe a public meeting 
would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

B. Regulatory History and Information

    This is a first time event with no regulatory history.

C. Basis and Purpose

    The legal basis for this temporary 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, and 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1 which 
collectively authorize the Coast Guard to define regulatory safety 
zones.
    This temporary rule is necessary to promote the safety of life on 
navigable waterways during the Freeport Chamber of Commerce fireworks 
display in South Oyster Bay near the Guy Lombardo Marina in Freeport, 
NY.

D. Discussion of Proposed Rule

    This temporary rule proposes to establish a safety zone for the 
Freeport Chamber of Commerce fireworks display. This proposed regulated 
area includes all waters of South Oyster Bay within a 600 foot radius 
of the fireworks launch site located at the Guy Lombardo Marina in 
Freeport, NY.
    This rule will be effective from 8:45 p.m. on July 5, 2014 to 10:00 
p.m. on July 12, 2014.
    The fireworks display is scheduled to occur and this regulation 
will be enforced from 8:45 p.m. to 10:00 p.m. on July 5, 2014. If the 
event is cancelled due to inclement weather, then this regulation will 
be enforced from 8:45 p.m. until 10:00 p.m. on July 12, 2014.
    Because spectator vessels are expected to congregate around the 
location of the fireworks display, this regulated area is necessary to 
protect both spectators and participants from the hazards created by 
unexpected pyrotechnics detonation, and burning debris. This proposed 
rule would temporarily establish a regulated area to restrict vessel 
movement on the navigable waters around the location of the fireworks 
display to reduce the safety risks associated with it.
    Public notifications may be made to the local maritime community 
prior to the event through the Local Notice to Mariners, and Broadcast 
Notice to Mariners.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed 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 rulemaking would not be a 
significant regulatory action for the following reasons: The regulated 
area will be of limited duration, the area covers only a small portion 
of the navigable waterways and waterway users may transit around the 
area. Also, mariners may request permission from the COTP Sector Long 
Island Sound or the designated representative to transit the zone.
    Advanced public notifications will also be made to the local 
maritime community through 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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit, anchor or moor within the regulated area during the effective 
period. The temporary safety zone will not have a

[[Page 22932]]

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 mariners may request permission from the COTP 
Sector Long Island Sound or the designated representative to transit 
the zone. Notifications will be made to the maritime community through 
the Local Notice to Mariners and Broadcast Notice to Mariners well in 
advance of the event.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 
made a preliminary determination 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 proposed rule involves 
establishing a safety zone. This rule may be categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A preliminary environmental analysis checklist 
supporting this determination is 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 
proposed 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 proposes 
to amend 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. 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; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add Sec.  165.T01-0240 to read as follows:


Sec.  165.T01-0240  Safety Zone; Freeport Chamber of Commerce Fireworks 
Display; South Oyster Bay; Freeport, NY.

    (a) Location. The following area is a safety zone: All waters of 
South Oyster Bay within a 600-foot radius of the fireworks launch site 
located at the Guy Lombardo Marina in Freeport, NY in approximate 
position 40[deg]37'27.27'' N, 073[deg]34'34.64'' W North American Datum 
1983.
    (b) Enforcement Period. This rule will be enforced on July 5, 2014 
from 8:45

[[Page 22933]]

p.m. to 10:00 p.m. If the event is postponed due to inclement weather, 
then this rule will be enforced on July 12, 2014 from 8:45 p.m. to 
10:00 p.m.
    (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 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 Long Island Sound 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 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.

    Dated: April 8, 2014.
E. J. Cubanski III,
Captain, U. S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2014-09364 Filed 4-24-14; 8:45 am]
BILLING CODE 9110-04-P