Safety Zones; Marine Events in Captain of the Port Long Island Zone, 48685-48688 [2014-19404]
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Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations
33 CFR Part 165
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:
[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
1.168(i)–1(e), or 1.168(i)–8, as
applicable. * * *
*
*
*
*
*
John Dalrymple,
Deputy Commissioner for Services and
Enforcement.
Approved: July 11, 2014.
Mark J. Mazur,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2014–19403 Filed 8–14–14; 11:15 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Safety Zones; Marine Events in
Captain of the Port Long Island Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing three temporary safety
zones for two 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. 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: This rule is effective without
actual notice from August 18, 2014 until
August 30, 2014. For the purposes of
enforcement, actual notice will be used
from the date the rule was signed, July
31, 2014, until August 18, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0329]. 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
SUMMARY:
A. Regulatory History and Information
There are three separate marine
events addressed by this temporary
regulation. On May 29, 2014 the Coast
Guard published a NPRM entitled
‘‘Safety Zones; Marine Events in Captain
of the Port Long Island Zone’’ in the
Federal Register (79 FR 30783). No
public comments were received on the
proposed rule. No public meeting was
requested and none was held.
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, 2013 in the Federal Register (78 FR
41300). The Baker Family Celebration
fireworks display is a first time event
with no other regulatory history.
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
48685
Chamber of Commerce Fireworks
Display expired on June 30, 2014. The
first event covered by this regulation
occurred on August 2, 2014. Thus, there
was insufficient time for a 30 day
effective period before the need to
enforce the earliest of three safety zones
established by this rule on August 2,
2014.
Delaying the enforcement of this rule
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 within the COTP Long Island
Sound Zone during these events.
C. Discussion of Comments, Changes
and the Final Rule
No comments were received and there
has been one change made to the final
rule as a result of the sponsor for the
Brookhaven Memorial Hospital
Fireworks cancelling their event. The
proposed safety zone associated with
their event is no longer necessary and
has been removed from the final rule.
The Coast Guard is establishing three
safety zones for two fireworks displays
and one swim event to provide for the
safety of life on navigable waters during
these events. 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,
times, and locations 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.
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Fireworks Displays
1
Village of Saltaire Fireworks ...............................................................
2
Baker Family Celebration 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).
• Date: August 16, 2014.
• Rain Date: August 17, 2014.
• Time: 8:30 p.m. to 10:30 p.m.
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Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations
• 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
3
Riverhead Rocks Triathlon .................................................................
This rule prevents vessels from
entering, transiting, mooring or
anchoring within areas specifically
designated as regulated areas during the
periods of enforcement unless
authorized by the COTP or designated
representative.
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.
D. Regulatory Analyses
We developed this 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.
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1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The Coast Guard determined that this
rule is not a significant regulatory action
because the regulated 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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• 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.
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 regulated
areas during the periods of enforcement
from August 2, 2014, to August 30,
2014.
This temporary rule 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.
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.
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
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
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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
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Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations
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 might
disproportionately affect children.
11. Indian Tribal Governments
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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 rule is not a ‘‘significant energy
action’’ under Executive Order 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
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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 three safety zones. This
rule may be 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; and
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T01–03291 to read as
follows:
■
§ 165.T01–03291 Safety Zones; Marine
Events in Captain of the Port Long Island
Sound Zone.
(a) Regulations. The general
regulations contained in § 165.23 as
well as the following regulations apply
to the events listed in the TABLE 1 of
this section. These regulations will be
enforced for the duration of each event.
(b) Enforcement period. This rule will
be enforced on the dates and times
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48687
listed for each event in TABLE 1 of this
section. If the event is delayed by
inclement weather, the regulations will
be enforced on the rain date indicated
in TABLE 1 of this section.
(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 this section 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 of this section,
vessels not associated with the event
shall maintain a separation of at least
100 yards from the participants.
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Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations
TABLE 1 TO § 165.T01–0329
Fireworks Displays
Village of Saltaire Fireworks ...............................................................
•
•
•
•
2
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).
Baker Family Celebration Fireworks ................................................... • Date: August 16, 2014.
• Rain Date: August 17, 2014.
• Time: 8:30 p.m. to 10:30 p.m.
• 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
3
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°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.
1
Dated: July 31, 2014.
E.J. Cubanski, III
Captain, U. S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2014–19404 Filed 8–15–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0696]
RIN 1625–AA00
Safety Zone, Labor Day Long Neck
Style Fireworks, Indian River Bay;
Long Neck, DE
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of Indian River Bay in Long
Neck, DE. The safety zone will restrict
vessel traffic on a portion of Indian
River Bay from operating while a
fireworks event is taking place. This
temporary safety zone is necessary to
protect the surrounding public and
vessels from the hazards associated with
a fireworks display.
DATES: This rule is effective August 18,
2014 until 9:30 p.m. on August 31,
2014, and will be enforced from 8 p.m.
to 9:30 p.m. on August 31, 2014.
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SUMMARY:
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Documents mentioned in
this preamble are part of docket [USCG–
2014–0696]. 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 If you have questions on this
temporary rule, call or email Lieutenant
Brennan Dougherty, U.S. Coast Guard,
Sector Delaware Bay, Chief Waterways
Management Division, Coast Guard;
telephone (215) 271–4851, email
Brennan.P.Dougherty@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:
ADDRESSES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment pursuant to
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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) and (d)(3), the Coast Guard
finds that good cause exists for not
publishing a notice of proposed
rulemaking (NPRM) with respect to this
rule, and for giving it effect upon
publication, as publishing an NPRM is
impracticable given that the final details
for this event were not received by the
Coast Guard until July 23, 2014, and this
event is scheduled for August 31, 2014.
Further, allowing this event to go
forward without a safety zone in place
would expose mariners and the public
to unnecessary dangers associated with
fireworks displays contrary to the public
interest.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 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, 160.5; Pub. L. 107–295, 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.1.
On the evening of August 31, 2014,
fireworks will be launched from a barge
with a fall out zone that covers part of
Indian River Bay. The Captain of the
Port, Sector Delaware Bay, has
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]]>Agencies
[Federal Register Volume 79, Number 159 (Monday, August 18, 2014)]
[Rules and Regulations]
[Pages 48685-48688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19404]
=======================================================================
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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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing three temporary safety zones
for two 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. 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: This rule is effective without actual notice from August 18,
2014 until August 30, 2014. For the purposes of enforcement, actual
notice will be used from the date the rule was signed, July 31, 2014,
until August 18, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0329]. 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
There are three separate marine events addressed by this temporary
regulation. On May 29, 2014 the Coast Guard published a NPRM entitled
``Safety Zones; Marine Events in Captain of the Port Long Island Zone''
in the Federal Register (79 FR 30783). No public comments were received
on the proposed rule. No public meeting was requested and none was
held.
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, 2013 in
the Federal Register (78 FR 41300). The Baker Family Celebration
fireworks display is a first time event with no other regulatory
history.
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 June 30, 2014. The first event covered by this regulation
occurred on August 2, 2014. Thus, there was insufficient time for a 30
day effective period before the need to enforce the earliest of three
safety zones established by this rule on August 2, 2014.
Delaying the enforcement of this rule 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 within the COTP Long Island Sound Zone during these
events.
C. Discussion of Comments, Changes and the Final Rule
No comments were received and there has been one change made to the
final rule as a result of the sponsor for the Brookhaven Memorial
Hospital Fireworks cancelling their event. The proposed safety zone
associated with their event is no longer necessary and has been removed
from the final rule.
The Coast Guard is establishing three safety zones for two
fireworks displays and one swim event to provide for the safety of life
on navigable waters during these events. 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, times, and locations 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........ 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 Baker Family Celebration Fireworks... Date: August 16, 2014.
Rain Date: August 17,
2014.
Time: 8:30 p.m. to
10:30 p.m.
[[Page 48686]]
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
------------------------------------------------------------------------
3 Riverhead Rocks Triathlon............ 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[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.
------------------------------------------------------------------------
This rule prevents vessels from entering, transiting, mooring or
anchoring within areas specifically designated as regulated areas
during the periods of enforcement unless authorized by the COTP or
designated representative.
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.
D. Regulatory Analyses
We developed this 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 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 because the regulated 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 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 regulated areas during the periods
of enforcement from August 2, 2014, to August 30, 2014.
This temporary rule 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.
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
[[Page 48687]]
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 might
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 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 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 three safety
zones. This rule may be 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; and Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T01-03291 to read as follows:
Sec. 165.T01-03291 Safety Zones; Marine Events in Captain of the Port
Long Island Sound Zone.
(a) Regulations. The general regulations contained in Sec. 165.23
as well as the following regulations apply to the events listed in the
TABLE 1 of this section. 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 this section. If the event is
delayed by inclement weather, the regulations will be enforced on the
rain date indicated in TABLE 1 of this section.
(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 this section 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 of this
section, vessels not associated with the event shall maintain a
separation of at least 100 yards from the participants.
[[Page 48688]]
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 Baker Family Celebration Fireworks... Date: August 16, 2014.
Rain Date: August 17,
2014.
Time: 8:30 p.m. to
10:30 p.m.
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
------------------------------------------------------------------------
3 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: July 31, 2014.
E.J. Cubanski, III
Captain, U. S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2014-19404 Filed 8-15-14; 8:45 am]
BILLING CODE 9110-04-P
