Safety Zones; Marine Events in Captain of the Port Long Island Zone, 30783-30786 [2014-12379]
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Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Proposed Rules
33 CFR Part 165
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:
[Docket Number USCG–2014–0329]
Table of Acronyms
RIN 1625–AA00
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
29098 in the issue of Wednesday, May
21, 2014, should have appeared in the
Proposed Rules section of the Federal
Register.
[FR Doc. C1–2014–11567 Filed 5–28–14; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Safety Zones; Marine Events in
Captain of the Port Long Island Zone
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish four temporary safety zones for
three fireworks events and one swim
event within the Captain of the Port
Long Island Sound Zone. This action is
necessary to provide for the safety of life
on navigable waters during these events.
The safety zones will facilitate public
notification of these events and provide
protective measures for the maritime
public and event participants from the
hazards associated with these events.
Entering into, transiting through,
remaining, anchoring or mooring within
these regulated areas would be
prohibited unless authorized by the
Captain of the Port Sector Long Island
Sound.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 30, 2014.
Requests for public meetings must be
received by the Coast Guard on or before
June 5, 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
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SUMMARY:
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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
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–2014–0329] 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
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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–2014–0329) 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
June 5, 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
There are four separate marine events
addressed by this temporary regulation.
The Brookhaven Memorial Hospital
fireworks display and the Baker Family
Celebration fireworks display are first
time events with no regulatory history.
The Village of Saltaire fireworks display
and the Riverhead Rocks Triathlon were
both held the previous year and had
separate safety zones established by a
temporary final rule entitled ‘‘Special
Local Regulations and Safety Zones;
Marine Events in Captain of the Port
Long Island Sound Zone.’’ This
rulemaking was published on July 10,
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2013 in the Federal Register (78 FR
41300).
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 within the COTP Long Island
Sound Zone during these events.
D. Discussion of Proposed Rule
This temporary rule proposes to
establish four safety zones for three
fireworks displays and one swim event.
This rule will be effective from 8:30
p.m. on August 2, 2014 to 10:30 p.m. on
August 30, 2014.
The events covered by this regulation
will be enforced on the respective dates
and times listed in the table below. If
any of the events are cancelled due to
inclement weather, then this regulation
will be enforced on rain dates listed in
the table below.
Fireworks Displays
1 ...........................................
Village of Saltaire Fireworks ...........................................
•
•
•
•
2 ...........................................
Brookhaven Memorial Hospital Fireworks ......................
•
•
•
•
3 ...........................................
Baker Family Celebration Fireworks ...............................
•
•
•
Date: August 2, 2014.
Rain Date: August 30, 2014.
Time: 8:30 p.m. to 10:30 p.m.
Location: All waters of Saltaire Bay near Saltaire, NY
within 600 feet of the fireworks barge located in approximate position 40°38′37.72″ N, 073°11′58.52″ W
(NAD 83).
Date: August 9, 2014.
Rain Date: August 10, 2014.
Time: 8:45 p.m. to 10:45 p.m.
Location: All waters of Bellport Bay near Bellport, NY
within 600 feet of the fireworks barge located in approximate position 40°45′09.22″ N, 072°55′44.78″ W
(NAD 83).
Date: August 16, 2014.
Rain Date: August 17, 2014.
Location: All waters of Flanders Bay near Jamesport,
NY within 600 feet of the fireworks barge located in
approximate position 40°55′51.84″ N, 072°35′07.92″
W (NAD 83).
Swim Event
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4 ...........................................
Riverhead Rocks Triathlon ..............................................
The fireworks displays listed above
are expected to attract large numbers of
spectator vessels that will congregate
around the location of these events. A
regulated area, specifically a safety
zone, is required for each of these
fireworks displays to protect both
spectators and participants from the
safety hazards created by them,
including unexpected pyrotechnics
detonation and burning debris. The
Riverhead Rocks Triathlon incorporates
swim legs that will place many
swimmers in the navigable waters of the
Peconic River. A regulated area is
required to minimize the hazards posed
by spectators and other waterway users
operating their vessels in close
proximity to the event participants. The
safety zone established for this swim
event will minimize the risks to the
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• Date: August 3, 2014
• Time: 6:20 a.m. to 8:30 p.m.
• Location: All waters of the Peconic River, Riverhead,
NY within the area bounded to the west by a line
connecting points at 40°54′58.09″ N, 072°39′37.56″
W on the northern bank and 40°54′56.74″ N,
072°39′37.56″ W on the southern bank and bounded
to the east by a line connecting points at
40°55′01.92″ N, 072°38′51.08″ W on the northern
bank and 40°54′59.15″ N, 072°38′51.08″ W on the
southern bank (NAD 83). All positions are approximate.
event participants from this type of boat
traffic and improve visibility and
maneuverability for the safety vessels
supporting the swim event.
This rule would prevent 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.
Public notifications will 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.
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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
rule is not a significant regulatory action
for the following reasons: The regulated
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areas will be of limited duration and
cover only a small portion of the
navigable waterways. Furthermore,
vessels may transit the navigable
waterways outside of the regulated
areas. Vessels requiring entry into the
regulated areas may be authorized to do
so by the COTP or designated
representative.
Advanced public notifications will
also be made to the local maritime
community by the Local Notice to
Mariners as well as Broadcast Notice to
Mariners.
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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
areas during the periods of enforcement
from August 2, 2014, 2014 to August 30,
2014.
This temporary special local
regulation will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: The regulated areas
are of short duration, vessels that can
safely do so may navigate in all other
portions of the waterways except for the
areas designated as regulated areas, and
vessels requiring entry into the
regulated areas may be authorized to do
so by the COTP Sector Long Island
Sound or designated representative.
Additionally, before the effective
period, public notifications will be
made to 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
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.
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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
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30785
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 the establishment of four
safety zones. This rule may be
categorically excluded from further
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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
AREAS 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; and
Department of Homeland Security Delegation
No. 0170.1
2. Add § 165.T01–0329 to read as
follows:
■
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§ 165.T01–0329 Safety Zones; Marine
Events in Captain of the Port Long Island
Sound Zone.
(a) Regulations. The general
regulations contained in 33 CFR 165.23
as well as the following regulations
apply to the events listed in the TABLE
1 of § 165.T01–0329. These regulations
will be enforced for the duration of each
event.
(b) Enforcement Period. This rule will
be enforced on the dates and times
listed for each event in TABLE 1 of
§ 165.T01–0329. If the event is delayed
by inclement weather, the regulations
will be enforced on the rain date
indicated in TABLE 1 of § 165.T01–
0329.
(c) Definitions. The following
definitions apply to this section:
(1) Designated Representative. A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the Captain of the
Port (COTP), Sector Long Island Sound,
to act on his or her behalf. The
designated representative may be on an
official patrol vessel or may be on shore
and will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official
patrol vessels may consist of any Coast
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Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
(3) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
(d) Spectators. Spectators desiring to
enter or operate within the regulated
areas should contact the COTP or the
designated representative via VHF
channel 16 or by telephone at (203)
468–4401 to obtain permission to do so.
Spectators given permission to enter or
operate in the regulated area must
comply with all directions given to
them by the COTP Sector Long Island
Sound or the designated on-scene
representative.
(e) Enforcement. Upon being hailed
by an official patrol vessel or the
designated representative, by siren,
radio, flashing light or other means, the
operator of the vessel shall proceed as
directed. Failure to comply with a
lawful direction may result in expulsion
from the area, citation for failure to
comply, or both.
(f) Locations. The regulated area for
all fireworks displays listed in the
TABLE 1 of § 165.T01–0329 is that area
of navigable waters within a 600 foot
radius of the launch platform for each
fireworks display. Fireworks barges
used in these locations will also have a
sign on their port and starboard side
labeled ‘‘FIREWORKS—STAY AWAY.’’
This sign will consist of 10 inch high by
1.5 inch wide red lettering on a white
background.
(g) Separation. For the swim event
listed in TABLE 1 to § 165.T01–0329,
vessels not associated with the event
shall maintain a separation of at least
100 yards from the participants.
TABLE 1 TO § 165—T01–0329—
Continued
2
Brookhaven
Memorial
Hospital
Fireworks.
3
Baker Family Celebration Fireworks.
Swim Event
4
Riverhead
Rocks
Triathlon.
TABLE 1 TO § 165—T01–0329
Fireworks Displays
1
Village of
Saltaire Fireworks.
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• Date: August 2, 2014.
• Rain Date: August 30,
2014.
• Time: 8:30 p.m. to 10:30
p.m.
• Location: All waters of
Saltaire Bay near Saltaire,
NY within 600 feet of the
fireworks barge located in
approximate position
40°38′37.72″ N,
073°11′58.52″ W (NAD
83).
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Sfmt 9990
• Date: August 9, 2014.
• Rain Date: August 10,
2014.
• Time: 8:45 p.m. to 10:45
p.m.
• Location: All waters of
Bellport Bay near Bellport,
NY within 600 feet of the
fireworks barge located in
approximate position
40°45′09.22″ N,
072°55′44.78″ W (NAD
83).
• Date: August 16, 2014.
• Rain Date: August 17,
2014.
• Location: All waters of
Flanders Bay near
Jamesport, NY within 600
feet of the fireworks barge
located in approximate position 40°55′51.84″ N,
072°35′07.92″ W (NAD
83).
• Date: August 3, 2014
• Time: 6:20 a.m. to 8:30
a.m.
• Location: All waters of the
Peconic River, Riverhead,
NY within the area bounded to the west by a line
connecting points at
40°54′58.09″ N
072°39′37.56″ W on the
northern bank and
40°54′56.74″ N
072°39′37.56″ W on the
southern bank and bounded to the east by a line
connecting points at
40°55′01.92″ N
072°38′51.08″ W on the
northern bank and
40°54′59.15″ N
072°38′51.08″ W on the
southern bank (NAD 83).
All positions are approximate.
Dated: May 13, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2014–12379 Filed 5–28–14; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Proposed Rules]
[Pages 30783-30786]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12379]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0329]
RIN 1625-AA00
Safety Zones; Marine Events in Captain of the Port Long Island
Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish four temporary safety
zones for three fireworks events and one swim event within the Captain
of the Port Long Island Sound Zone. This action is necessary to provide
for the safety of life on navigable waters during these events. The
safety zones will facilitate public notification of these events and
provide protective measures for the maritime public and event
participants from the hazards associated with these events. Entering
into, transiting through, remaining, anchoring or mooring within these
regulated areas would be prohibited unless authorized by the Captain of
the Port Sector Long Island Sound.
DATES: Comments and related material must be received by the Coast
Guard on or before June 30, 2014.
Requests for public meetings must be received by the Coast Guard on
or before June 5, 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 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-2014-0329] 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-2014-0329) 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 June 5, 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
There are four separate marine events addressed by this temporary
regulation. The Brookhaven Memorial Hospital fireworks display and the
Baker Family Celebration fireworks display are first time events with
no regulatory history. The Village of Saltaire fireworks display and
the Riverhead Rocks Triathlon were both held the previous year and had
separate safety zones established by a temporary final rule entitled
``Special Local Regulations and Safety Zones; Marine Events in Captain
of the Port Long Island Sound Zone.'' This rulemaking was published on
July 10,
[[Page 30784]]
2013 in the Federal Register (78 FR 41300).
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 within the COTP Long Island Sound Zone during these
events.
D. Discussion of Proposed Rule
This temporary rule proposes to establish four safety zones for
three fireworks displays and one swim event. This rule will be
effective from 8:30 p.m. on August 2, 2014 to 10:30 p.m. on August 30,
2014.
The events covered by this regulation will be enforced on the
respective dates and times listed in the table below. If any of the
events are cancelled due to inclement weather, then this regulation
will be enforced on rain dates listed in the table below.
------------------------------------------------------------------------
------------------------------------------------------------------------
Fireworks Displays
------------------------------------------------------------------------
1........................... Village of Saltaire Date:
Fireworks. August 2, 2014.
Rain Date:
August 30, 2014.
Time: 8:30
p.m. to 10:30 p.m.
Location:
All waters of
Saltaire Bay near
Saltaire, NY within
600 feet of the
fireworks barge
located in
approximate
position
40[deg]38'37.72''
N,
073[deg]11'58.52''
W (NAD 83).
2........................... Brookhaven Memorial Date:
Hospital Fireworks. August 9, 2014.
Rain Date:
August 10, 2014.
Time: 8:45
p.m. to 10:45 p.m.
Location:
All waters of
Bellport Bay near
Bellport, NY within
600 feet of the
fireworks barge
located in
approximate
position
40[deg]45'09.22''
N,
072[deg]55'44.78''
W (NAD 83).
3........................... Baker Family Date:
Celebration August 16, 2014.
Fireworks. Rain Date:
August 17, 2014.
Location:
All waters of
Flanders Bay near
Jamesport, NY
within 600 feet of
the fireworks barge
located in
approximate
position
40[deg]55'51.84''
N,
072[deg]35'07.92''
W (NAD 83).
------------------------------------------------------------------------
Swim Event
------------------------------------------------------------------------
4........................... Riverhead Rocks Date:
Triathlon. August 3, 2014
Time: 6:20
a.m. to 8:30 p.m.
Location:
All waters of the
Peconic River,
Riverhead, NY
within the area
bounded to the west
by a line
connecting points
at
40[deg]54'58.09''
N,
072[deg]39'37.56''
W on the northern
bank and
40[deg]54'56.74''
N,
072[deg]39'37.56''
W on the southern
bank and bounded to
the east by a line
connecting points
at
40[deg]55'01.92''
N,
072[deg]38'51.08''
W on the northern
bank and
40[deg]54'59.15''
N,
072[deg]38'51.08''
W on the southern
bank (NAD 83). All
positions are
approximate.
------------------------------------------------------------------------
The fireworks displays listed above are expected to attract large
numbers of spectator vessels that will congregate around the location
of these events. A regulated area, specifically a safety zone, is
required for each of these fireworks displays to protect both
spectators and participants from the safety hazards created by them,
including unexpected pyrotechnics detonation and burning debris. The
Riverhead Rocks Triathlon incorporates swim legs that will place many
swimmers in the navigable waters of the Peconic River. A regulated area
is required to minimize the hazards posed by spectators and other
waterway users operating their vessels in close proximity to the event
participants. The safety zone established for this swim event will
minimize the risks to the event participants from this type of boat
traffic and improve visibility and maneuverability for the safety
vessels supporting the swim event.
This rule would prevent 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.
Public notifications will 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 rule is not a significant
regulatory action for the following reasons: The regulated
[[Page 30785]]
areas will be of limited duration and cover only a small portion of the
navigable waterways. Furthermore, vessels may transit the navigable
waterways outside of the regulated areas. Vessels requiring entry into
the regulated areas may be authorized to do so by the COTP or
designated representative.
Advanced public notifications will also be made to the local
maritime community by the Local Notice to Mariners as well as Broadcast
Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the 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 areas during the periods
of enforcement from August 2, 2014, 2014 to August 30, 2014.
This temporary special local regulation will not have a significant
economic impact on a substantial number of small entities for the
following reasons: The regulated areas are of short duration, vessels
that can safely do so may navigate in all other portions of the
waterways except for the areas designated as regulated areas, and
vessels requiring entry into the regulated areas may be authorized to
do so by the COTP Sector Long Island Sound or designated
representative. Additionally, before the effective period, public
notifications will be made to 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
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 the establishment of four safety zones. This rule may be
categorically excluded from further
[[Page 30786]]
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 AREAS 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; and Department of Homeland Security
Delegation No. 0170.1
0
2. Add Sec. 165.T01-0329 to read as follows:
Sec. 165.T01-0329 Safety Zones; Marine Events in Captain of the Port
Long Island Sound Zone.
(a) Regulations. The general regulations contained in 33 CFR 165.23
as well as the following regulations apply to the events listed in the
TABLE 1 of Sec. 165.T01-0329. These regulations will be enforced for
the duration of each event.
(b) Enforcement Period. This rule will be enforced on the dates and
times listed for each event in TABLE 1 of Sec. 165.T01-0329. If the
event is delayed by inclement weather, the regulations will be enforced
on the rain date indicated in TABLE 1 of Sec. 165.T01-0329.
(c) Definitions. The following definitions apply to this section:
(1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port (COTP),
Sector Long Island Sound, to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(d) Spectators. Spectators desiring to enter or operate within the
regulated areas should contact the COTP or the designated
representative via VHF channel 16 or by telephone at (203) 468-4401 to
obtain permission to do so. Spectators given permission to enter or
operate in the regulated area must comply with all directions given to
them by the COTP Sector Long Island Sound or the designated on-scene
representative.
(e) Enforcement. Upon being hailed by an official patrol vessel or
the designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
(f) Locations. The regulated area for all fireworks displays listed
in the TABLE 1 of Sec. 165.T01-0329 is that area of navigable waters
within a 600 foot radius of the launch platform for each fireworks
display. Fireworks barges used in these locations will also have a sign
on their port and starboard side labeled ``FIREWORKS--STAY AWAY.'' This
sign will consist of 10 inch high by 1.5 inch wide red lettering on a
white background.
(g) Separation. For the swim event listed in TABLE 1 to Sec.
165.T01-0329, vessels not associated with the event shall maintain a
separation of at least 100 yards from the participants.
Table 1 to Sec. 165--T01-0329
------------------------------------------------------------------------
------------------------------------------------------------------------
Fireworks Displays
------------------------------------------------------------------------
1 Village of Saltaire Fireworks........ Date: August 2, 2014.
Rain Date: August 30,
2014.
Time: 8:30 p.m. to
10:30 p.m.
Location: All waters
of Saltaire Bay near Saltaire,
NY within 600 feet of the
fireworks barge located in
approximate position
40[deg]38'37.72'' N,
073[deg]11'58.52'' W (NAD 83).
2 Brookhaven Memorial Hospital Date: August 9, 2014.
Fireworks. Rain Date: August 10,
2014.
Time: 8:45 p.m. to
10:45 p.m.
Location: All waters
of Bellport Bay near Bellport,
NY within 600 feet of the
fireworks barge located in
approximate position
40[deg]45'09.22'' N,
072[deg]55'44.78'' W (NAD 83).
3 Baker Family Celebration Fireworks... Date: August 16, 2014.
Rain Date: August 17,
2014.
Location: All waters
of Flanders Bay near
Jamesport, NY within 600 feet
of the fireworks barge located
in approximate position
40[deg]55'51.84'' N,
072[deg]35'07.92'' W (NAD 83).
------------------------------------------------------------------------
Swim Event
------------------------------------------------------------------------
4 Riverhead Rocks Triathlon............ Date: August 3, 2014
Time: 6:20 a.m. to
8:30 a.m.
Location: All waters
of the Peconic River,
Riverhead, NY within the area
bounded to the west by a line
connecting points at
40[deg]54'58.09'' N
072[deg]39'37.56'' W on the
northern bank and
40[deg]54'56.74'' N
072[deg]39'37.56'' W on the
southern bank and bounded to
the east by a line connecting
points at 40[deg]55'01.92'' N
072[deg]38'51.08'' W on the
northern bank and
40[deg]54'59.15'' N
072[deg]38'51.08'' W on the
southern bank (NAD 83). All
positions are approximate.
------------------------------------------------------------------------
Dated: May 13, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2014-12379 Filed 5-28-14; 8:45 am]
BILLING CODE 9110-04-P
