Safety Zone; Freeport Chamber of Commerce Fireworks Display; South Oyster Bay; Freeport, NY, 36412-36414 [2014-15117]
Download as PDF
<![CDATA[
36412
Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of South Oyster
Bay near 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. Entering into, transiting
through, remaining, anchoring or
mooring within this safety zone is
prohibited without permission from the
Captain of the Port (COTP) Sector Long
Island Sound.
DATES: This rule is effective from 8:45
p.m. on July 5, 2014 until 10 p.m. on
July 12, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0240]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email 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
Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
VerDate Mar<15>2010
13:21 Jun 26, 2014
Jkt 232001
A. Regulatory History and Information
On April 25, 2014 the Coast Guard
published an NPRM entitled ‘‘Safety
Zone; Freeport Chamber of Commerce
Fireworks Display; South Oyster Bay;
Freeport, NY’’ in the Federal Register
(79 FR 22930). No public comments
were received on the proposed rule. No
public meeting was requested and none
was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. The comment period for the
NPRM associated with the Freeport
Chamber of Commerce Fireworks
Display expired on May 27, 2014. The
event is scheduled to occur on July 5,
2014. Thus, there is now insufficient
time for a 30 day effective period before
the need to enforce this safety zone on
July 5, 2014.
The fireworks display will take place
on July 5, 2014 to coincide with
Independence Day. Delaying the
enforcement of this safety zone to allow
a 30 day effective period will be
impractical and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to fulfill its
mission to keep the ports and
waterways safe.
B. 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.
C. Discussion of Comments, Changes
and the Final Rule
No comments were received and no
changes have been made to the final
rule. The Coast Guard is establishing a
safety zone for the Freeport Chamber of
Commerce fireworks display to provide
for the safety of life on navigable waters
during the event. This safety zone
includes all waters of South Oyster Bay
within 600 feet of the fireworks launch
site located at Guy Lombardo Marina in
Freeport, NY.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The Coast Guard determined that this
rulemaking is not a significant
regulatory action for the following
reasons: The safety zone will be
enforced for a relatively short duration,
just a little over an hour on a single day.
Also, the safety zone covers only a small
portion of the navigable waterways and
waterway users may still transit around
the safety zone. Additionally, mariners
may request permission from the COTP
Sector Long Island Sound or the
designated representative to transit
through the zone. Finally, advance
public notifications will be made to the
local maritime community through the
Local Notice to Mariners as well as
Broadcast Notice to Mariners to
maximize public awareness of this
safety zone.
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 received zero
comments from the Small Business
Administration on this rule. The Coast
Guard certifies under 5 U.S.C. 605(b)
that this rule will not have a significant
economic impact on a substantial
number of small entities.
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 safety zone
during the enforcement period. The
temporary safety zone will not have a
significant economic impact on a
substantial number of small entities for
the same reasons discussed in the
E:\FR\FM\27JNR1.SGM
27JNR1
Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations
Regulatory Planning and Review
section.
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 rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
wreier-aviles on DSK5TPTVN1PROD with RULES
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
VerDate Mar<15>2010
13:21 Jun 26, 2014
Jkt 232001
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
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.
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
36413
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone and thus,
it is categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
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; 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
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.
E:\FR\FM\27JNR1.SGM
27JNR1
36414
Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations
wreier-aviles on DSK5TPTVN1PROD with RULES
(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
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 safety zone 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 safety zone,
citation for failure to comply, or both.
Dated: June 13, 2014.
E. J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2014–15117 Filed 6–26–14; 8:45 am]
BILLING CODE 9110–04–P
VerDate Mar<15>2010
13:21 Jun 26, 2014
Jkt 232001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0473]
RIN 1625–AA00
Safety Zone; Independence Day
Celebration Fireworks, Lake Ontario,
Oswego, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Lake Ontario, Oswego, NY. This safety
zone is intended to restrict vessels from
a portion of Lake Ontario during the
Independence Day Celebration
Fireworks display. This temporary
safety zone is necessary to protect
mariners and vessels from the
navigational hazards associated with a
fireworks display.
DATES: This rule will be effective from
9:15 p.m. until 10:45 p.m. on July 6,
2014.
SUMMARY:
Documents mentioned in
this preamble are part of docket [USCG–
2014–0473]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LT Christopher Mercurio, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9343, email
SectorBuffaloMarineSafety@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. The final details
for this event were not known to the
Coast Guard until there was insufficient
time remaining before the event to
publish an NPRM. Thus, delaying the
effective date of this rule to wait for a
comment period to run would be both
impracticable and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to protect
spectators and vessels from the hazards
associated with a maritime fireworks
display, which are discussed further
below.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30-day notice period to run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
Between 9:15 p.m. and 10:45 p.m. on
July 6, 2014, a fireworks display will be
held on Lake Ontario in Oswego, NY.
The Captain of the Port Buffalo has
determined that fireworks launched
proximate to a gathering of watercraft
pose a significant risk to public safety
and property. Such hazards include
premature and accidental detonations,
dangerous projectiles, and falling or
burning debris.
C. Discussion of the Final Rule
With the aforementioned hazards in
mind, the Captain of the Port Buffalo
has determined that this temporary
safety zone is necessary to ensure the
safety of spectators and vessels during
the Independence Day Celebration
Fireworks display. This zone will be
effective and enforced from 9:15 p.m.
until 10:45 p.m. on July 6, 2014. This
zone will encompass all waters of Lake
Ontario, Oswego, NY, within an 840-
E:\FR\FM\27JNR1.SGM
27JNR1
]]>Agencies
[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Rules and Regulations]
[Pages 36412-36414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15117]
[[Page 36412]]
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of South Oyster Bay near 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. Entering into, transiting through, remaining,
anchoring or mooring within this safety zone is prohibited without
permission from the Captain of the Port (COTP) Sector Long Island
Sound.
DATES: This rule is effective from 8:45 p.m. on July 5, 2014 until 10
p.m. on July 12, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0240]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email 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 Cheryl Collins, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On April 25, 2014 the Coast Guard published an NPRM entitled
``Safety Zone; Freeport Chamber of Commerce Fireworks Display; South
Oyster Bay; Freeport, NY'' in the Federal Register (79 FR 22930). No
public comments were received on the proposed rule. No public meeting
was requested and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The comment period for the NPRM
associated with the Freeport Chamber of Commerce Fireworks Display
expired on May 27, 2014. The event is scheduled to occur on July 5,
2014. Thus, there is now insufficient time for a 30 day effective
period before the need to enforce this safety zone on July 5, 2014.
The fireworks display will take place on July 5, 2014 to coincide
with Independence Day. Delaying the enforcement of this safety zone to
allow a 30 day effective period will be impractical and contrary to the
public interest because it would inhibit the Coast Guard's ability to
fulfill its mission to keep the ports and waterways safe.
B. 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.
C. Discussion of Comments, Changes and the Final Rule
No comments were received and no changes have been made to the
final rule. The Coast Guard is establishing a safety zone for the
Freeport Chamber of Commerce fireworks display to provide for the
safety of life on navigable waters during the event. This safety zone
includes all waters of South Oyster Bay within 600 feet of the
fireworks launch site located at Guy Lombardo Marina in Freeport, NY.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The Coast Guard determined that this rulemaking is not a
significant regulatory action for the following reasons: The safety
zone will be enforced for a relatively short duration, just a little
over an hour on a single day. Also, the safety zone covers only a small
portion of the navigable waterways and waterway users may still transit
around the safety zone. Additionally, mariners may request permission
from the COTP Sector Long Island Sound or the designated representative
to transit through the zone. Finally, advance public notifications will
be made to the local maritime community through the Local Notice to
Mariners as well as Broadcast Notice to Mariners to maximize public
awareness of this safety zone.
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 received zero comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
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 safety zone during the enforcement
period. The temporary safety zone will not have a significant economic
impact on a substantial number of small entities for the same reasons
discussed in the
[[Page 36413]]
Regulatory Planning and Review section.
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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and
thus, it is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION 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; 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 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.
[[Page 36414]]
(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 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 safety zone 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 safety
zone, citation for failure to comply, or both.
Dated: June 13, 2014.
E. J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2014-15117 Filed 6-26-14; 8:45 am]
BILLING CODE 9110-04-P
