Safety Zones; Marine Events Held in the Sector Long Island Sound Captain of the Port Zone, 38946-38951 [2015-16748]
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Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Rules and Regulations
Dated: June 19, 2015.
M. W. Raymond,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2015–16701 Filed 7–7–15; 8:45 am]
Table of Acronyms
BILLING CODE 9110–04–P
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0438]
RIN 1625–AA00
Safety Zones; Marine Events Held in
the Sector Long Island Sound Captain
of the Port Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing thirteen safety zones for
fireworks displays within the Coast
Guard Sector Long Island Sound (LIS)
Captain of the Port (COTP) Zone. This
temporary final rule is necessary to
provide for the safety of life on
navigable waters during these events.
Entry into, transit through, mooring or
anchoring within these safety zones is
prohibited unless authorized by COTP
Sector Long Island Sound.
DATES: This rule is effective without
actual notice from 12:01 a.m. on July 8,
2015 until 10:30 p.m. on August 1,
2015. For the purposes of enforcement,
actual notice will be used from the date
the rule was signed, June 17, 2015, until
July 8, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0438]. 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, contact
Petty Officer Ian Fallon, Prevention
Department, Coast Guard Sector Long
Island Sound, telephone (203) 468–
4565, email Ian.M.Fallon@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
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SUMMARY:
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A. Regulatory History and Information
This rulemaking establishes thirteen
safety zones for thirteen fireworks
displays. Each event and its
corresponding regulatory history are
discussed below.
Barnum Festival, LLC (fireworks): A
safety zone was established in 2014 for
the Barnum Festival, LLC fireworks
display by enforcing 33 CFR 165.151,
Table 1, 6.1. This event has been
included in this rule due to deviation
from the cite date and location.
Salute to Veterans (fireworks): A
safety zone was established in 2014 for
the Salute to Veterans fireworks display
by enforcing 33 CFR 165.151, Table 1,
6.4. This event has been included in this
rule due to deviation from the cite date
and location.
City of Stamford (fireworks): A safety
zone was established in 2014 for the
City of Stamford fireworks display by
enforcing 33 CFR 165.151, Table 1, 7.12.
This event has been included in this
rule due to deviation from the cite date.
Freeport Chamber of Commerce
(fireworks): A safety zone was
established in 2014 for Freeport
Chamber of Commerce fireworks
display when the Coast Guard issued a
temporary rule entitled, ‘‘Safety Zone;
Freeport Chamber of Commerce
Fireworks Display; South Bay; Freeport,
NY’’. This rulemaking was published on
June 27, 2014 in the Federal Register
(79 FR 36412).
City of Norwich (fireworks): A safety
zone was established in 2014 for the
City of Norwich fireworks display by
enforcing 33 CFR 165.151, Table 1, 7.11.
This event has been included in this
rule due to deviation from the cite date
and location.
Go 4th Connetquot (fireworks): This
event was previously named
Connetquot River Summer Fireworks. A
safety zone was established in 2014 for
the Connetquot River Summer
Fireworks display by enforcing 33 CFR
165.151, Table 1, 7.42. This event has
been included in this rule due to
deviation from the cite name and
location.
Madison Fireworks Organization
(fireworks): A safety zone was
established in 2014 for the Madison
Fireworks Organization fireworks
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display by enforcing 33 CFR 165.151,
Table 1, 7.38. This event has been
included in this rule due from the cite
date and location.
City of Middletown (fireworks): A
safety zone was established in 2014 for
the City of Middletown fireworks
display by enforcing 33 CFR 165.151,
Table 1, 7.9. This event has been
included in this rule due to deviation
from the cite date and location.
Fairfield Independence Day
Celebration (fireworks): A safety zone
was established in 2014 for the Fairfield
Independence Day Celebration
fireworks display by enforcing 33 CFR
165.151, Table 1, 7.16. This event has
been included in this rule due to
deviation from the cite date and
location.
City of West Haven: A safety zone was
established in 2014 for the City of West
Haven Fireworks display by enforcing
33 CFR 165.151, Table 1, 7.13. This
event has been included in this rule due
to deviation from the cite location.
Village of Port Jefferson Independence
Day Celebration (fireworks): This event
was previously named Village of Port
Jefferson Fourth of July Celebration
Fireworks. A safety zone was
established in 2014 for the Village of
Port Jefferson Fourth of July Celebration
Fireworks display by enforcing 33 CFR
165.151, Table 1, 7.25. This event has
been included in this rule due to
deviation from the cite name and
location.
Shelter Island (fireworks): A safety
zone was established in 2014 for the
Shelter Island fireworks display by
enforcing 33 CFR 165.151, Table 1, 7.30.
This event has been included in this
rule due to deviation from the cite
location.
Sebonack Golf Club (fireworks): This
event was previously named National
Golf Links Fireworks. A safety zone was
established in 2014 for the National Golf
Links Fireworks display by enforcing 33
CFR 165.151, Table 1, 7.44. This event
has been included in this rule due to
deviation from the cite name, date and
location.
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
NPRM with respect to this rule because
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doing so would be impracticable. There
is insufficient time to publish a NPRM
and solicit comments from the public
before these events take place. Thus,
waiting for a comment period to run
would inhibit the Coast Guard’s ability
to fulfill its mission to keep the ports
and waterways safe.
Under 5 U.S.C. 553(d)(3), and for the
same reasons stated in the preceding
paragraph, the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
B. Basis and Purpose
The legal basis for this temporary rule
is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5 and
Department of Homeland Security
Delegation No. 0170.1 which
collectively authorize the Coast Guard
to define regulatory safety zones.
As discussed in the Regulatory
History and Information section,
thirteen fireworks displays will take
place in the Coast Guard Sector LIS
COTP Zone between June 26, 2015 and
August 1, 2015. The COTP Long Island
Sound has determined that thirteen
safety zones are necessary to provide for
the safety of life on navigable waterways
during those events.
Barnum Festival, LLC fireworks
display will be held on Bridgeport
Harbor, Bridgeport, CT.
Salute to Veterans fireworks display
will be held on Reynolds Channel off
Hempstead, NY.
City of Stamford fireworks display
will be held on Fisher’s Westcott Cove,
Stamford, CT.
Freeport Chamber of Commerce
fireworks display will be a land launch
near Guy Lombardo Marina, Freeport,
NY.
City of Norwich fireworks display
will be held on the Thames River,
Norwich, CT.
Go 4th Connetquot fireworks display
will be held on Great South Bay off
Snapper Inn, Oakdale, NY.
Madison Fireworks Organization
fireworks will be held on Long Island
Sound off Madison Beach, Madison, CT.
City of Middletown fireworks display
will be held on the Connecticut River,
Middletown Harbor, Middletown, CT.
Fairfield Independence Day
Celebration fireworks display will be
held on Long Island Sound off Fairfield,
CT.
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City of West Haven fireworks display
will be held on New Haven Harbor off
Bradley Point, West Haven, CT.
Village of Port Jefferson Independence
Day Celebration will be held on Port
Jefferson Harbor, Port Jefferson, NY.
Shelter Island fireworks display will
be held on Gardiner Bay, Shelter Island,
NY.
Sebonack Golf Club fireworks display
will be held on Peconic Bay off
Southampton, NY.
The fireworks displays listed above
will launch pyrotechnics from either a
barge on a waterway or a landsite near
a waterway. A regulated area,
specifically a safety zone, is required for
each of these fireworks displays to
protect both spectators and participants
from the safety hazards created by the
fireworks displays, including
unexpected pyrotechnics detonation
and burning debris.
C. Discussion of the Final Rule
This rule establishes thirteen safety
zones for thirteen fireworks displays.
The location of these safety zones are as
follows:
FIREWORKS DISPLAYS SAFETY ZONES
Barnum Festival, LLC Fireworks ........................................................
Location: All waters of Bridgeport Harbor, Bridgeport, CT within 800
feet of the land launch site located in approximate position 41°09′34″
N., 073°11′18″ W. (NAD 83).
2
Salute to Veterans Fireworks .............................................................
Location: All waters of Reynolds Channel off Hempstead, NY within
600 feet of the fireworks barge located in approximate position
40°35′36.87″ N., 073°35′20.72″ W. (NAD 83).
3
City of Stamford Fireworks .................................................................
Location: All waters of the Fisher’s Westcott cove, Stamford, CT within
800 feet of the fireworks barge in approximate position 41°02′09.56″
N., 072°30′57.76″ W. (NAD 83).
4
Freeport Chamber of Commerce Fireworks .......................................
Location: All waters of Guy Lombardo Marina, Freeport, NY within 300
feet of the land launch site located in approximate position
40°37′27.27″ N., 073°34′34.64″ W. (NAD 83).
5
City of Norwich Fireworks ...................................................................
Location: All waters of the Thames River, Norwich, CT in approximate
positions, 41°31′14.64″ N., 072°04′43.60″ W. (NAD 83).
6
Go 4th Connetquot Fireworks .............................................................
Location: All waters of Great South Bay within 600 feet of the fireworks
barge at approximate position, 40°43′30.03″ N.; 073°08′40.25″ W.
(NAD 83).
7
Madison Fireworks Organization Fireworks .......................................
Location: All waters of Long Island Sound off Madison Beach, Madison, CT within 800 feet of the fireworks barge located in approximate
position 41°16′09.04″ N., 072°36′18.30″ W. (NAD 83).
8
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City of Middletown Fireworks ..............................................................
Location: Waters of the Connecticut River, Middletown Harbor, Middletown, CT within 600 feet of the fireworks barge in approximate position, 41°33′43″ N., 072°38′32″ W. (NAD 83).
9
Fairfield Independence Day Celebration Fireworks ...........................
Location: All waters of Long Island Sound, Fairfield, CT within 800 feet
of the fireworks barge at approximate position, 41°08′16.92″ N.;
073°14′01.02″ W. (NAD 83).
10
City of West Haven Fireworks ..........................................................
Location: All waters of New Haven Harbor off Bradley Point, West
Haven, CT within 800 feet of the fireworks barge at approximate position, 41°15′07″ N.; 072°57′25″ W. (NAD 83).
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Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Rules and Regulations
FIREWORKS DISPLAYS SAFETY ZONES—Continued
11
Village of Port Jefferson Independence Day Celebration ................
Location: All waters of Port Jefferson Harbor within 500 feet of the land
launch at approximate position, 40°57′53.189″ N.; 073°03′09.72″ W.
(NAD 83).
12
Shelter Island Fireworks ...................................................................
Location: All waters of Gardiner’s Bay, Shelter Island, NY in approximate position, 41°04′27.60″ N., 072°22′13.50″ W. (NAD 83).
13
Sebonack Golf Club Fireworks .........................................................
Location: All waters of Peconic Bay, Southampton, NY within 600 feet
of the fireworks barge at approximate position, 40°54′49.92″ N.;
072°27′39.28″ W. (NAD 83).
This rule prevents vessels from
entering, transiting, mooring, or
anchoring within areas specifically
designated as safety zones and restricts
vessel movement around the locations
of the marine events to reduce the safety
risks associated with them during the
periods of enforcement unless
authorized by the COTP or designated
representative.
Consistent with 33 CFR 165.7, the
Coast Guard will notify the public and
local mariners of this safety zone
through appropriate means, which may
include, but are not limited to,
publication in the Federal Register, the
Local Notice to Mariners, and Broadcast
Notice to Mariners. The specific dates,
including rain dates, for the events are
listed in the regulatory text.
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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 enforcement of these safety
zones will be relatively short in
duration. Additionally, persons or
vessels desiring to enter a safety zone
may do so with permission from the
COTP Sector Long Island Sound or a
designated representative. Furthermore,
these safety zones are designed in a way
to limit impacts on vessel traffic,
permitting vessels to navigate in other
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portions of the waterways not
designated as a safety zone. Finally, to
increase public awareness of these
safety zones, the Coast Guard will notify
the public of the enforcement of this
rule via appropriate means, such as
Local Notice to Mariners and Broadcast
Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This temporary final 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 a safety
zone during the periods of enforcement,
from June 26, 2015 to August 1, 2015.
However, this temporary final rule will
not have a significant economic impact
on a substantial number of small entities
for the same reasons discussed in the
REGULATORY PLANNING AND
REVIEW section. 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 proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
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listed in the FOR FURTHER INFORMATION
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 proposed rule or
any policy or action of the Coast Guard.
CONTACT,
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
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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 temporary rule
involves the establishment of safety
zones. This rule 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; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T01–0438 to read as
follows:
■
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§ 165.T01–0438 Safety Zones; Fireworks
Displays 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 to
§ 165.T01–0438.
(b) Enforcement period. This rule will
be enforced on the dates and times
listed for each event in TABLE to
§ 165.T01–0438. If the event is delayed
by inclement weather, the safety zone
will be enforced on the rain date
indicated in TABLE to § 165.T01–0438.
(c) Definitions. The following
definitions apply to this section: A
‘‘designated representative’’ is any
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. An ‘‘official
patrol vessel’’ may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
(d) Operations. (1) Vessels desiring to
enter or operate within a safety zone
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.
Vessels given permission to enter or
operate in a safety zone must comply
with all directions given to them by the
COTP Sector Long Island Sound or the
designated on-scene representative.
(2) Upon being hailed by an official
patrol vessel or the designated
representative, by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed. 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. While
members of the Coast Guard Auxiliary
will not serve as the designated
representative, they may be present to
inform vessel operators of this
regulation.
(e) Compliance. Failure to comply
with a lawful direction may result in
expulsion from the area, citation for
failure to comply, or both.
TABLE TO § 165.T01–0438
Fireworks events
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Barnum Festival, LLC Fireworks ........................................................
•
•
•
•
2
Salute to Veterans Fireworks .............................................................
• Date: June 27, 2015.
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Date: June 26, 2015.
Rain Date: June 28, 2015.
Time: 8:40 p.m. to 10:30 p.m.
Location: All waters of Bridgeport Harbor, Bridgeport CT within 800
feet of the land launch site located in approximate position 41°09′34″
N., 073°11′18″ W. (NAD 83).
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TABLE TO § 165.T01–0438—Continued
• Rain Date: June 28, 2015.
• Time: 9:00 p.m. to 10:45 p.m.
• Location: All waters of Reynolds Channel off Hempstead, NY within
600 feet of the fireworks barge located in approximate position
40°35′36.87″ N., 073°35′20.72″ W. (NAD 83).
City of Stamford Fireworks .................................................................
•
•
•
•
Date: July 2, 2015.
Rain Date: July 3, 2015.
Time: 8:30 p.m. to 10:30 p.m.
Location: All waters of the Fisher’s Westcott cove, Stamford, CT
within 800 feet of the fireworks barge in approximate position
41°02′09.56″ N., 072°30′57.76″ W. (NAD 83).
4
Freeport Chamber of Commerce Fireworks .......................................
•
•
•
•
Date: July 2, 2015.
Rain Date: July 9, 2015.
Time: 8:45 p.m. to 10:00 p.m.
Location: All waters of Guy Lombardo Marina, Freeport, NY within
300 feet of the land launch site located in approximate position
40°37′27.27″ N., 073°34′34.64″ W. (NAD 83).
5
City of Norwich Fireworks ...................................................................
•
•
•
•
Date: July 2, 2015.
Rain Date: July 3, 2015.
Time: 9:00 p.m. to 11:00 p.m.
Location: All waters of the Thames River, Norwich, CT in approximate positions, 41°31′14.64″ N., 072°04′43.60″ W. (NAD 83).
6
Go 4th Connetquot Fireworks .............................................................
•
•
•
•
Date: July 2, 2015.
Rain Date: July 3, 2015.
Time: 8:45 p.m. to 10:00 p.m.
Location: All waters of Great South Bay within 600 feet of the fireworks barge at approximate position, 40°43′30.03″ N.; 073°08′40.25″
W. (NAD 83).
7
Madison Fireworks Organization Fireworks .......................................
•
•
•
•
Date: July 3, 2015.
Rain Date: July 5, 2015.
Time: 9:00 p.m. to 10:30 p.m.
Location: All waters of Long Island Sound off Madison Beach, Madison, CT within 800 feet of the fireworks barge located in approximate
position 41°16′09.04″ N., 072°36′18.30″ W. (NAD 83).
8
City of Middletown Fireworks ..............................................................
•
•
•
•
Date: July 3, 2015.
Rain Date: July 5, 2015.
Time: 9:00 p.m. to 10:30 p.m.
Location: Waters of the Connecticut River, Middletown Harbor, Middletown, CT within 600 feet of the fireworks barge in approximate
positions, 41°33′43″ N., 072°38′32″ W. (NAD 83).
9
Fairfield Independence Day Celebration Fireworks ...........................
•
•
•
•
Date: July 3, 2015.
Rain Date: July 4, 2015.
Time: 8:45 p.m. to 10:45 p.m.
Location: All waters of Long Island Sound, Fairfield, CT within 800
feet of the fireworks barge at approximate position, 41°08′16.92″ N.;
073°14′01.02″ W. (NAD 83).
10
City of West Haven Fireworks ..........................................................
•
•
•
•
Date: July 3, 2015.
Rain Date: July 5,2015.
Time: 8:45 p.m. to 10:30 p.m.
Location: All waters of New Haven Harbor off Bradley Point, West
Haven, CT within 800 feet of the fireworks barge at approximate position, 41°15′07″ N.; 072°57′25″ W. (NAD 83).
11
tkelley on DSK3SPTVN1PROD with RULES
3
Village of Port Jefferson Independence Day Celebration ................
•
•
•
•
Date: July 4, 2015.
Rain Date: July 5, 2015.
Time: 8:30 p.m. to 10:30 p.m.
Location: All waters of Port Jefferson Harbor within 500 feet of the
land launch at approximate position, 40°57′53.189″ N.;
073°03′09.72″ W. (NAD 83).
12
Shelter Island Fireworks ...................................................................
•
•
•
•
Date: July 11, 2015.
Rain Date: July 12, 2015.
Time: 9:00 p.m. to 11:00 p.m.
Location: All waters of Gardiner’s Bay, Shelter Island, NY in approximate position, 41°04′27.60″ N., 072°22′13.50″ W. (NAD 83).
13
Sebonack Golf Club Fireworks .........................................................
• Date: July 31, 2015.
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Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Rules and Regulations
38951
TABLE TO § 165.T01–0438—Continued
• Rain Date: August 1, 2015.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: All waters of Peconic Bay, Southampton, NY within 600
feet of the fireworks barge at approximate position, 40°54′49.92″ N.;
072°27′39.28″ W. (NAD 83).
Dated: June 17, 2015.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
SUPPLEMENTARY INFORMATION:
I. Background
[FR Doc. 2015–16748 Filed 7–7–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0104 FRL–9926–48–
Region 7]
Approval and Promulgation of Air
Quality Implementation Plans; Kansas;
Update to Materials Incorporated by
Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
AGENCY:
Environmental Protection
Agency (EPA) is updating the materials
submitted by Kansas that are
incorporated by reference (IBR) into the
state implementation plan (SIP). EPA is
also notifying the public of the
correction of certain typographical
errors within the IBR table. The
regulations affected by this update have
been previously submitted by the state
agency and approved by EPA. This
update affects the SIP materials that are
available for public inspection at the
National Archives and Records
Administration (NARA), and the
Regional Office.
DATES: This rule is effective on July 8,
2015.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Environmental
Protection Agency, Region 7, 11201
Renner Boulevard, Lenexa, Kansas
66219; or at https://www.epa.gov/
region07/air/rules/fedapprv.htm; and
the National Archives and Records
Administration. For information on the
availability of this material at NARA,
call (202) 741–6030, or go to:
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT: Jan
Simpson at (913) 551–7089, or by email
at simpson.jan@epa.gov.
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
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The SIP is a living document which
the state revises as necessary to address
the unique air pollution problems in the
state. Therefore, EPA from time to time
must take action on SIP revisions
containing new and/or revised
regulations to make them part of the
SIP. On May 22, 1997 (62 FR 27968),
EPA revised the procedures for
incorporating by reference Federallyapproved SIPs, as a result of
consultations between EPA and the
Office of Federal Register. The
description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997, Federal Register document.
On February 12, 1999, EPA published
a document in the Federal Register
(64 FR 7091) beginning the new IBR
procedure for Kansas. On November 14,
2003 (68 FR 64532), and on April 8,
2009 (74 FR 15856), EPA published an
update to the IBR material for Kansas.
In this document, EPA is publishing
an updated set of tables listing the
regulatory (i.e., IBR) materials in the
Kansas SIP taking into account the
additions, deletions, and revisions to
those materials previously submitted by
the state agency and approved by EPA.
We are removing the EPA Headquarters
Library from paragraph (b)(3), as IBR
materials are no longer available at this
location. In addition, EPA has found
errors in certain entries listed in 40 CFR
52.870(c) and (e), as amended in the
published IBR update actions listed
above, and is correcting them in this
document. Table (c) revisions include:
• Updating state effective date,
Federal Register citation and removing
outdated text in explanation column for
28–19–200
• removing outdated text in
explanation column for 28–19–201
• adding text in EPA approval date
column and removing outdated text in
explanation column for 28–19–650
Table (e) is being revised by:
• Adding text in the explanation
column for (7)–(39).
II. EPA Action
In this action, EPA is doing the
following:
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A. Announcing the update to the IBR
material as of December 31, 2014;
B. Revising the entry in paragraph
52.870(b) to reflect the update and
corrections;
C. Revising certain entries in
paragraphs 52.870(c) and (e) as
described above;
D. Correcting the date format in the
‘‘State effective date’’ or ‘‘State
submittal date’’ and ‘‘EPA approval
date’’ columns in paragraphs 52.870(c),
(d) and (e). Dates are numerical month/
day/year without additional zeros;
E. Modifying the Federal Register
citation in paragraphs 52.870(c), (d) and
(e) to reflect the beginning page of the
preamble as opposed to the page
number of the regulatory text.
EPA has determined that this rule
falls under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3), which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). This rule simply codifies
provisions which are already in effect as
a matter of law in Federal and approved
State programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
providing notice of the updated Kansas
SIP compilation.
Statutory and Executive Order Reviews
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Kansas regulations
described in the amendments to 40 CFR
part 52 set forth below. EPA has made,
and will continue to make, these
documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
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]]>Agencies
[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Rules and Regulations]
[Pages 38946-38951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16748]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0438]
RIN 1625-AA00
Safety Zones; Marine Events Held in the Sector Long Island Sound
Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing thirteen safety zones for
fireworks displays within the Coast Guard Sector Long Island Sound
(LIS) Captain of the Port (COTP) Zone. This temporary final rule is
necessary to provide for the safety of life on navigable waters during
these events. Entry into, transit through, mooring or anchoring within
these safety zones is prohibited unless authorized by COTP Sector Long
Island Sound.
DATES: This rule is effective without actual notice from 12:01 a.m. on
July 8, 2015 until 10:30 p.m. on August 1, 2015. For the purposes of
enforcement, actual notice will be used from the date the rule was
signed, June 17, 2015, until July 8, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0438]. 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,
contact Petty Officer Ian Fallon, Prevention Department, Coast Guard
Sector Long Island Sound, telephone (203) 468-4565, email
Ian.M.Fallon@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
This rulemaking establishes thirteen safety zones for thirteen
fireworks displays. Each event and its corresponding regulatory history
are discussed below.
Barnum Festival, LLC (fireworks): A safety zone was established in
2014 for the Barnum Festival, LLC fireworks display by enforcing 33 CFR
165.151, Table 1, 6.1. This event has been included in this rule due to
deviation from the cite date and location.
Salute to Veterans (fireworks): A safety zone was established in
2014 for the Salute to Veterans fireworks display by enforcing 33 CFR
165.151, Table 1, 6.4. This event has been included in this rule due to
deviation from the cite date and location.
City of Stamford (fireworks): A safety zone was established in 2014
for the City of Stamford fireworks display by enforcing 33 CFR 165.151,
Table 1, 7.12. This event has been included in this rule due to
deviation from the cite date.
Freeport Chamber of Commerce (fireworks): A safety zone was
established in 2014 for Freeport Chamber of Commerce fireworks display
when the Coast Guard issued a temporary rule entitled, ``Safety Zone;
Freeport Chamber of Commerce Fireworks Display; South Bay; Freeport,
NY''. This rulemaking was published on June 27, 2014 in the Federal
Register (79 FR 36412).
City of Norwich (fireworks): A safety zone was established in 2014
for the City of Norwich fireworks display by enforcing 33 CFR 165.151,
Table 1, 7.11. This event has been included in this rule due to
deviation from the cite date and location.
Go 4th Connetquot (fireworks): This event was previously named
Connetquot River Summer Fireworks. A safety zone was established in
2014 for the Connetquot River Summer Fireworks display by enforcing 33
CFR 165.151, Table 1, 7.42. This event has been included in this rule
due to deviation from the cite name and location.
Madison Fireworks Organization (fireworks): A safety zone was
established in 2014 for the Madison Fireworks Organization fireworks
display by enforcing 33 CFR 165.151, Table 1, 7.38. This event has been
included in this rule due from the cite date and location.
City of Middletown (fireworks): A safety zone was established in
2014 for the City of Middletown fireworks display by enforcing 33 CFR
165.151, Table 1, 7.9. This event has been included in this rule due to
deviation from the cite date and location.
Fairfield Independence Day Celebration (fireworks): A safety zone
was established in 2014 for the Fairfield Independence Day Celebration
fireworks display by enforcing 33 CFR 165.151, Table 1, 7.16. This
event has been included in this rule due to deviation from the cite
date and location.
City of West Haven: A safety zone was established in 2014 for the
City of West Haven Fireworks display by enforcing 33 CFR 165.151, Table
1, 7.13. This event has been included in this rule due to deviation
from the cite location.
Village of Port Jefferson Independence Day Celebration (fireworks):
This event was previously named Village of Port Jefferson Fourth of
July Celebration Fireworks. A safety zone was established in 2014 for
the Village of Port Jefferson Fourth of July Celebration Fireworks
display by enforcing 33 CFR 165.151, Table 1, 7.25. This event has been
included in this rule due to deviation from the cite name and location.
Shelter Island (fireworks): A safety zone was established in 2014
for the Shelter Island fireworks display by enforcing 33 CFR 165.151,
Table 1, 7.30. This event has been included in this rule due to
deviation from the cite location.
Sebonack Golf Club (fireworks): This event was previously named
National Golf Links Fireworks. A safety zone was established in 2014
for the National Golf Links Fireworks display by enforcing 33 CFR
165.151, Table 1, 7.44. This event has been included in this rule due
to deviation from the cite name, date and location.
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 NPRM with respect to this rule
because
[[Page 38947]]
doing so would be impracticable. There is insufficient time to publish
a NPRM and solicit comments from the public before these events take
place. Thus, waiting for a comment period to run would inhibit the
Coast Guard's ability to fulfill its mission to keep the ports and
waterways safe.
Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the
preceding paragraph, the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register.
B. Basis and Purpose
The legal basis for this temporary rule is 33 U.S.C. 1231; 50
U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5 and Department of
Homeland Security Delegation No. 0170.1 which collectively authorize
the Coast Guard to define regulatory safety zones.
As discussed in the Regulatory History and Information section,
thirteen fireworks displays will take place in the Coast Guard Sector
LIS COTP Zone between June 26, 2015 and August 1, 2015. The COTP Long
Island Sound has determined that thirteen safety zones are necessary to
provide for the safety of life on navigable waterways during those
events.
Barnum Festival, LLC fireworks display will be held on Bridgeport
Harbor, Bridgeport, CT.
Salute to Veterans fireworks display will be held on Reynolds
Channel off Hempstead, NY.
City of Stamford fireworks display will be held on Fisher's
Westcott Cove, Stamford, CT.
Freeport Chamber of Commerce fireworks display will be a land
launch near Guy Lombardo Marina, Freeport, NY.
City of Norwich fireworks display will be held on the Thames River,
Norwich, CT.
Go 4th Connetquot fireworks display will be held on Great South Bay
off Snapper Inn, Oakdale, NY.
Madison Fireworks Organization fireworks will be held on Long
Island Sound off Madison Beach, Madison, CT.
City of Middletown fireworks display will be held on the
Connecticut River, Middletown Harbor, Middletown, CT.
Fairfield Independence Day Celebration fireworks display will be
held on Long Island Sound off Fairfield, CT.
City of West Haven fireworks display will be held on New Haven
Harbor off Bradley Point, West Haven, CT.
Village of Port Jefferson Independence Day Celebration will be held
on Port Jefferson Harbor, Port Jefferson, NY.
Shelter Island fireworks display will be held on Gardiner Bay,
Shelter Island, NY.
Sebonack Golf Club fireworks display will be held on Peconic Bay
off Southampton, NY.
The fireworks displays listed above will launch pyrotechnics from
either a barge on a waterway or a landsite near a waterway. A regulated
area, specifically a safety zone, is required for each of these
fireworks displays to protect both spectators and participants from the
safety hazards created by the fireworks displays, including unexpected
pyrotechnics detonation and burning debris.
C. Discussion of the Final Rule
This rule establishes thirteen safety zones for thirteen fireworks
displays. The location of these safety zones are as follows:
Fireworks Displays Safety Zones
------------------------------------------------------------------------
------------------------------------------------------------------------
1 Barnum Festival, LLC Fireworks....... Location: All waters of
Bridgeport Harbor, Bridgeport,
CT within 800 feet of the land
launch site located in
approximate position
41[deg]09'34'' N.,
073[deg]11'18'' W. (NAD 83).
------------------------------------------------------------------------
2 Salute to Veterans Fireworks......... Location: All waters of
Reynolds Channel off
Hempstead, NY within 600 feet
of the fireworks barge located
in approximate position
40[deg]35'36.87'' N.,
073[deg]35'20.72'' W. (NAD
83).
------------------------------------------------------------------------
3 City of Stamford Fireworks........... Location: All waters of the
Fisher's Westcott cove,
Stamford, CT within 800 feet
of the fireworks barge in
approximate position
41[deg]02'09.56'' N.,
072[deg]30'57.76'' W. (NAD
83).
------------------------------------------------------------------------
4 Freeport Chamber of Commerce Location: All waters of Guy
Fireworks. Lombardo Marina, Freeport, NY
within 300 feet of the land
launch site located in
approximate position
40[deg]37'27.27'' N.,
073[deg]34'34.64'' W. (NAD
83).
------------------------------------------------------------------------
5 City of Norwich Fireworks............ Location: All waters of the
Thames River, Norwich, CT in
approximate positions,
41[deg]31'14.64'' N.,
072[deg]04'43.60'' W. (NAD
83).
------------------------------------------------------------------------
6 Go 4th Connetquot Fireworks.......... Location: All waters of Great
South Bay within 600 feet of
the fireworks barge at
approximate position,
40[deg]43'30.03'' N.;
073[deg]08'40.25'' W. (NAD
83).
------------------------------------------------------------------------
7 Madison Fireworks Organization Location: All waters of Long
Fireworks. Island Sound off Madison
Beach, Madison, CT within 800
feet of the fireworks barge
located in approximate
position 41[deg]16'09.04'' N.,
072[deg]36'18.30'' W. (NAD
83).
------------------------------------------------------------------------
8 City of Middletown Fireworks......... Location: Waters of the
Connecticut River, Middletown
Harbor, Middletown, CT within
600 feet of the fireworks
barge in approximate position,
41[deg]33'43'' N.,
072[deg]38'32'' W. (NAD 83).
------------------------------------------------------------------------
9 Fairfield Independence Day Location: All waters of Long
Celebration Fireworks. Island Sound, Fairfield, CT
within 800 feet of the
fireworks barge at approximate
position, 41[deg]08'16.92''
N.; 073[deg]14'01.02'' W. (NAD
83).
------------------------------------------------------------------------
10 City of West Haven Fireworks........ Location: All waters of New
Haven Harbor off Bradley
Point, West Haven, CT within
800 feet of the fireworks
barge at approximate position,
41[deg]15'07'' N.;
072[deg]57'25'' W. (NAD 83).
------------------------------------------------------------------------
[[Page 38948]]
11 Village of Port Jefferson Location: All waters of Port
Independence Day Celebration. Jefferson Harbor within 500
feet of the land launch at
approximate position,
40[deg]57'53.189'' N.;
073[deg]03'09.72'' W. (NAD
83).
------------------------------------------------------------------------
12 Shelter Island Fireworks............ Location: All waters of
Gardiner's Bay, Shelter
Island, NY in approximate
position, 41[deg]04'27.60''
N., 072[deg]22'13.50'' W. (NAD
83).
------------------------------------------------------------------------
13 Sebonack Golf Club Fireworks........ Location: All waters of Peconic
Bay, Southampton, NY within
600 feet of the fireworks
barge at approximate position,
40[deg]54'49.92'' N.;
072[deg]27'39.28'' W. (NAD
83).
------------------------------------------------------------------------
This rule prevents vessels from entering, transiting, mooring, or
anchoring within areas specifically designated as safety zones and
restricts vessel movement around the locations of the marine events to
reduce the safety risks associated with them during the periods of
enforcement unless authorized by the COTP or designated representative.
Consistent with 33 CFR 165.7, the Coast Guard will notify the
public and local mariners of this safety zone through appropriate
means, which may include, but are not limited to, publication in the
Federal Register, the Local Notice to Mariners, and Broadcast Notice to
Mariners. The specific dates, including rain dates, for the events are
listed in the regulatory text.
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
enforcement of these safety zones will be relatively short in duration.
Additionally, persons or vessels desiring to enter a safety zone may do
so with permission from the COTP Sector Long Island Sound or a
designated representative. Furthermore, these safety zones are designed
in a way to limit impacts on vessel traffic, permitting vessels to
navigate in other portions of the waterways not designated as a safety
zone. Finally, to increase public awareness of these safety zones, the
Coast Guard will notify the public of the enforcement of this rule via
appropriate means, such as Local Notice to Mariners and Broadcast
Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
This temporary final 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 a safety zone
during the periods of enforcement, from June 26, 2015 to August 1,
2015. However, this temporary final rule will not have a significant
economic impact on a substantial number of small entities for the same
reasons discussed in the REGULATORY PLANNING AND REVIEW section.
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 proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above.
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 proposed 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
[[Page 38949]]
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 temporary rule involves the establishment of safety
zones. This rule 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-0438 to read as follows:
Sec. 165.T01-0438 Safety Zones; Fireworks Displays 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 to Sec. 165.T01-0438.
(b) Enforcement period. This rule will be enforced on the dates and
times listed for each event in TABLE to Sec. 165.T01-0438. If the
event is delayed by inclement weather, the safety zone will be enforced
on the rain date indicated in TABLE to Sec. 165.T01-0438.
(c) Definitions. The following definitions apply to this section: A
``designated representative'' is any 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. An ``official patrol vessel'' may consist of any Coast Guard,
Coast Guard Auxiliary, state, or local law enforcement vessels assigned
or approved by the COTP.
(d) Operations. (1) Vessels desiring to enter or operate within a
safety zone 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. Vessels given permission to enter or operate in a
safety zone must comply with all directions given to them by the COTP
Sector Long Island Sound or the designated on-scene representative.
(2) Upon being hailed by an official patrol vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. 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. While members of the Coast Guard Auxiliary will not serve
as the designated representative, they may be present to inform vessel
operators of this regulation.
(e) Compliance. Failure to comply with a lawful direction may
result in expulsion from the area, citation for failure to comply, or
both.
Table to Sec. 165.T01-0438
------------------------------------------------------------------------
------------------------------------------------------------------------
Fireworks events
------------------------------------------------------------------------
1 Barnum Festival, LLC Fireworks....... Date: June 26, 2015.
Rain Date: June 28,
2015.
Time: 8:40 p.m. to
10:30 p.m.
Location: All waters
of Bridgeport Harbor,
Bridgeport CT within 800 feet
of the land launch site
located in approximate
position 41[deg]09'34'' N.,
073[deg]11'18'' W. (NAD 83).
------------------------------------------------------------------------
2 Salute to Veterans Fireworks......... Date: June 27, 2015.
[[Page 38950]]
Rain Date: June 28,
2015.
Time: 9:00 p.m. to
10:45 p.m.
Location: All waters
of Reynolds Channel off
Hempstead, NY within 600 feet
of the fireworks barge located
in approximate position
40[deg]35'36.87'' N.,
073[deg]35'20.72'' W. (NAD
83).
------------------------------------------------------------------------
3 City of Stamford Fireworks........... Date: July 2, 2015.
Rain Date: July 3,
2015.
Time: 8:30 p.m. to
10:30 p.m.
Location: All waters
of the Fisher's Westcott cove,
Stamford, CT within 800 feet
of the fireworks barge in
approximate position
41[deg]02'09.56'' N.,
072[deg]30'57.76'' W. (NAD
83).
------------------------------------------------------------------------
4 Freeport Chamber of Commerce Date: July 2, 2015.
Fireworks.
Rain Date: July 9,
2015.
Time: 8:45 p.m. to
10:00 p.m.
Location: All waters
of Guy Lombardo Marina,
Freeport, NY within 300 feet
of the land launch site
located in approximate
position 40[deg]37'27.27'' N.,
073[deg]34'34.64'' W. (NAD
83).
------------------------------------------------------------------------
5 City of Norwich Fireworks............ Date: July 2, 2015.
Rain Date: July 3,
2015.
Time: 9:00 p.m. to
11:00 p.m.
Location: All waters
of the Thames River, Norwich,
CT in approximate positions,
41[deg]31'14.64'' N.,
072[deg]04'43.60'' W. (NAD
83).
------------------------------------------------------------------------
6 Go 4th Connetquot Fireworks.......... Date: July 2, 2015.
Rain Date: July 3,
2015.
Time: 8:45 p.m. to
10:00 p.m.
Location: All waters
of Great South Bay within 600
feet of the fireworks barge at
approximate position,
40[deg]43'30.03'' N.;
073[deg]08'40.25'' W. (NAD
83).
------------------------------------------------------------------------
7 Madison Fireworks Organization Date: July 3, 2015.
Fireworks.
Rain Date: July 5,
2015.
Time: 9:00 p.m. to
10:30 p.m.
Location: All waters
of Long Island Sound off
Madison Beach, Madison, CT
within 800 feet of the
fireworks barge located in
approximate position
41[deg]16'09.04'' N.,
072[deg]36'18.30'' W. (NAD
83).
------------------------------------------------------------------------
8 City of Middletown Fireworks......... Date: July 3, 2015.
Rain Date: July 5,
2015.
Time: 9:00 p.m. to
10:30 p.m.
Location: Waters of
the Connecticut River,
Middletown Harbor, Middletown,
CT within 600 feet of the
fireworks barge in approximate
positions, 41[deg]33'43'' N.,
072[deg]38'32'' W. (NAD 83).
------------------------------------------------------------------------
9 Fairfield Independence Day Date: July 3, 2015.
Celebration Fireworks. Rain Date: July 4,
2015.
Time: 8:45 p.m. to
10:45 p.m.
Location: All waters
of Long Island Sound,
Fairfield, CT within 800 feet
of the fireworks barge at
approximate position,
41[deg]08'16.92'' N.;
073[deg]14'01.02'' W. (NAD
83).
------------------------------------------------------------------------
10 City of West Haven Fireworks........ Date: July 3, 2015.
Rain Date: July
5,2015.
Time: 8:45 p.m. to
10:30 p.m.
Location: All waters
of New Haven Harbor off
Bradley Point, West Haven, CT
within 800 feet of the
fireworks barge at approximate
position, 41[deg]15'07'' N.;
072[deg]57'25'' W. (NAD 83).
------------------------------------------------------------------------
11 Village of Port Jefferson Date: July 4, 2015.
Independence Day Celebration. Rain Date: July 5,
2015.
Time: 8:30 p.m. to
10:30 p.m.
Location: All waters
of Port Jefferson Harbor
within 500 feet of the land
launch at approximate
position, 40[deg]57'53.189''
N.; 073[deg]03'09.72'' W. (NAD
83).
------------------------------------------------------------------------
12 Shelter Island Fireworks............ Date: July 11, 2015.
Rain Date: July 12,
2015.
Time: 9:00 p.m. to
11:00 p.m.
Location: All waters
of Gardiner's Bay, Shelter
Island, NY in approximate
position, 41[deg]04'27.60''
N., 072[deg]22'13.50'' W. (NAD
83).
------------------------------------------------------------------------
13 Sebonack Golf Club Fireworks........ Date: July 31, 2015.
[[Page 38951]]
Rain Date: August 1,
2015.
Time: 8:30 p.m. to
10:30 p.m.
Location: All waters
of Peconic Bay, Southampton,
NY within 600 feet of the
fireworks barge at approximate
position, 40[deg]54'49.92''
N.; 072[deg]27'39.28'' W. (NAD
83).
------------------------------------------------------------------------
Dated: June 17, 2015.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2015-16748 Filed 7-7-15; 8:45 am]
BILLING CODE 9110-04-P
