Safety Zone; Freeport Chamber of Commerce Fireworks Display; South Oyster Bay; Freeport, NY, 36412-36414 [2014-15117]

Download as PDF 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 http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer Scott Baumgartner, Prevention Department, Coast Guard Sector Long Island Sound, (203) 468– 4559, Scott.A.Baumgartner@uscg.mil. If you have questions on viewing or submitting material to the docket, call 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 http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email 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]]

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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: 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 http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Scott Baumgartner, Prevention Department, 
Coast Guard Sector Long Island Sound, (203) 468-4559, 
Scott.A.Baumgartner@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call 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