Safety Zones; Marine Events Held in the Sector Long Island Sound Captain of the Port Zone, 38946-38951 [2015-16748]

Download as PDF 38946 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 http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 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 tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 18:08 Jul 07, 2015 Jkt 235001 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 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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 E:\FR\FM\08JYR1.SGM 08JYR1 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Rules and Regulations 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. 38947 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 tkelley on DSK3SPTVN1PROD with RULES 1 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). VerDate Sep<11>2014 18:08 Jul 07, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\08JYR1.SGM 08JYR1 38948 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. tkelley on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 18:08 Jul 07, 2015 Jkt 235001 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 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 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 E:\FR\FM\08JYR1.SGM 08JYR1 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Rules and Regulations 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: ■ 38949 § 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 tkelley on DSK3SPTVN1PROD with RULES 1 Barnum Festival, LLC Fireworks ........................................................ • • • • 2 Salute to Veterans Fireworks ............................................................. • Date: June 27, 2015. VerDate Sep<11>2014 18:08 Jul 07, 2015 Jkt 235001 PO 00000 Frm 00037 Fmt 4700 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). Sfmt 4700 E:\FR\FM\08JYR1.SGM 08JYR1 38950 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Rules and Regulations 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. VerDate Sep<11>2014 18:08 Jul 07, 2015 Jkt 235001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\08JYR1.SGM 08JYR1 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 http://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: VerDate Sep<11>2014 18:08 Jul 07, 2015 Jkt 235001 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: PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 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 E:\FR\FM\08JYR1.SGM 08JYR1

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

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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