Safety Zones; Marine Events Held in the Sector Long Island Sound Captain of the Port Zone, 42507-42510 [2016-15601]
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Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
srobinson on DSK5SPTVN1PROD with RULES
Steilacoom in Pierce County, WA. This
deviation will test a change to the
drawbridge operation schedule to
determine whether a permanent change
to the schedule is appropriate. This test
deviation will modify the existing
regulation to add an advance
notification requirement for obtaining
bridge openings during designated
evening hours.
DATES: This deviation is effective from
12:01 on July 1, 2016 to 12:01 on
December 27, 2016.
Comments and related material must
reach the Coast Guard on or before
November 22, 2016.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–0280 using Federal eRulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email
Steven.M.Fischer3@uscg.mil.
SUPPLEMENTARY INFORMATION:
The Coast Guard is publishing this
temporary deviation to test the proposed
schedule change to determine whether a
permanent change to the schedule is
appropriate to better balance the needs
of marine and rail traffic.
Under this temporary deviation, in
effect from 12:01 on July 1, 2016 to
12:01 December 27, 2016, the subject
bridge shall open on signal, except from
10 p.m. to 6 a.m. the draw shall open
on signal if at least 4 hours notice is
given. The bridge will be required to
open as soon a possible, no later than
1 hour after notification, for vessels
engaged in emergency response.
The Coast Guard will inform the users
of the waterways of this temporary
deviation through our Local and
Broadcast Notices to Mariners and
through direct outreach with the
Chambers Creek Boating Association so
that vessel operators can arrange their
transits to minimize any impact caused
by the temporary deviation. Vessels able
to pass underneath the bridge in the
closed position may do so at anytime.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
I. Background, Purpose and Legal Basis
The Chambers Creek Burlington
Northern Santa Fe railroad vertical lift
railroad bridge across Chambers Creek,
mile 0.01, near Steilacoom in Pierce
County, WA has a vertical clearance of
10ft in the closed to navigation position
and 50ft of vertical clearance in the
open to navigation position (reference
plane is MHW elevation of 12.2 feet).
The bridge currently operates under 33
CFR 117.5; which requires the bridge to
open anytime when a request or signal
to open is given.
The bridge owner, Burlington
Northern Santa Fe Railroad, has
observed minimal to no usage of the
drawbridge between 10 p.m. and 6 a.m.
and has requested to test this schedule
to see if it better balances the needs of
marine and rail traffic. The following
facts support BNSF’s proposal: (1) Over
the last 6 years only 2% of the subject
bridge lifts have occurred between the
hours of 10 p.m. and 6 a.m., which
equates to approximately 5 openings a
year, (2) from February 2009 to June
2015 there were 1932 total openings of
which only 40 occurred between the
hours of 10 p.m. and 6 a.m., and (3) the
navigation traffic consists primarily of
the tenants of Chambers Bay marina
(recreational users) that are members of
the Chambers Bay Boating Association.
II. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
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Documents mentioned in this notice
of temporary deviation, and all public
comments, are in our online docket at
https://www.regulations.gov and can be
viewed by following that Web site’s
instructions. Additionally, if you go to
the online docket and sign up for email
alerts, you will be notified when
comments are posted or a final rule is
published.
Dated: June 23, 2016.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2016–15439 Filed 6–29–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0473]
RIN 165–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 four temporary 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 regulated areas
is prohibited unless authorized by
COTP Sector Long Island Sound.
DATES: This rule is effective without
actual notice from June 30, 2016
through July 7, 2016. For the purposes
of enforcement, actual notice will be
used from the date the rule was signed,
June 15, 2016, through June 30, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0473 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, contact
Petty Officer Jay TerVeen, Prevention
Department, Coast Guard Sector Long
Island Sound, telephone (203) 468–
4446, email Jay.C.TerVeen@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Table of Abbreviations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983
II. Background Information and
Regulatory History
This rulemaking establishes four
safety zones for fireworks displays. Each
event and its corresponding regulatory
history are discussed below.
The Boys and Girls Club of BellportBeach Ball 2016 Fireworks Display is a
recurring marine event with regulatory
history. A safety zone was established
for this event in 2015 via a temporary
final rule entitled, ‘‘Safety Zones;
Marine Events held in the Sector Long
Island Sound Captain of the Port Zone.’’
This rulemaking was published on May
18, 2015 in the Federal Register (80 FR
28176).
The Arts Project Cherry Grove
Fireworks Display is a recurring marine
event with regulatory history and is
cited in 33 CFR 165.151, Table 1 to
§ 165.151, section 6.5. This event has
been included in this rule due to
deviation from the cite date.
The Salute to Veterans Fireworks
Display is a recurring marine event with
regulatory history and is cited in 33 CFR
165.151, Table 1 to § 165.151, section
6.4. This event has been included in this
rule due to deviation from the cite date.
The Clinton Chamber of Commerce
Fireworks Display is a recurring marine
event with regulatory history. A safety
zone was established for this event in
2015 via a temporary final rule entitled,
‘‘Safety Zones; Marine Events held in
the Sector Long Island Sound Captain of
the Port Zone.’’ This rulemaking was
published on August 14, 2015 in the
Federal Register (80 FR 48692).
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 an
NPRM with respect to this rule because
doing so would be impracticable. The
event sponsors were late in submitting
the marine event applications. These
late submissions did not give the Coast
Guard enough time to publish an
NPRM, take public comments, and issue
a final rule before these events take
place. For that reason, issuing an NPRM
would be impracticable.
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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this
temporary rule under authority in 33
U.S.C. 1231. The Captain of the Port
(COTP) Long Island Sound has
determined that the safety zones
established by this temporary final rule
are necessary to provide for the safety of
life on navigable waterways before,
during and after these scheduled events.
IV. Discussion of the Rule
This rule establishes four safety zones
for four fireworks displays. The location
of these safety zones are as follows:
FIREWORKS DISPLAYS SAFETY ZONES
Boys & Girls of Bellport-Beach Ball 2016 ...........................................
2
Arts Project Cherry Grove Fireworks Display .....................................
3
The Salute to Veterans Fireworks Display .........................................
4
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1
Freeport Chamber of Commerce ........................................................
This rule prevents vessels from
entering, transiting, mooring, or
anchoring within the areas specifically
designated as a safety zone and restricts
vessel movement around the locations
of the marine events to reduce the safety
risks associated with it during the
period of enforcement unless authorized
by the COTP or designated
representative.
The Coast Guard will notify the
public and local mariners of these safety
zones 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.
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Location: All navigable waters of Patchogue Bay, Bellport, NY within
600 feet of the fireworks barge in approximate position 40°44′39.19″
N, 072°56′27.72″ W (NAD 83).
Location: All navigable waters of Great South Bay off Cherry Grove,
Fire Island, NY within 600 feet of the fireworks barge in approximate
position 40°39′49.06″ N, 073°05′27.99″ W (NAD 83).
Location: All navigable waters of Reynolds Channel off Hempstead, NY
420 feet of the land launch in approximate position 40°35′36.62″ N,
073°35′20.72″ W (NAD 83).
Location: All navigable waters of Freeport Harbor, Freeport, NY within
300 feet of the fireworks barge located in approximate position
40°37′27.27″ N, 073°34′34.64″ W (NAD 83).
V. 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
order and we discuss First Amendment
rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
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flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
The Coast Guard determined that this
rulemaking is not a significant
regulatory action for the following
reasons: (1) The enforcement of these
safety zones will be relatively short in
duration; (2) persons or vessels desiring
to enter these safety zones may do so
with permission from the COTP LIS or
a designated representative; (3) these
safety zones are designed in a way to
limit impacts on vessel traffic,
permitting vessels to navigate in other
portions of the waterway not designated
as a safety zone; and (4) the Coast Guard
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will notify the public of the enforcement
of this rule via appropriate means, such
as via Local Notice to Mariners and
Broadcast Notice to Mariners to increase
public awareness of this safety zone.
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B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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.
While some owners or operators of
vessels intending to transit these
regulated areas may be small entities,
for the reasons stated in section V.A
above, this rule will not have a
significant economic impact on any
vessel owner or operator. Under section
213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121), we want to assist small
entities in understanding this rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT.
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.
C. 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).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Orders 13132,
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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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. 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(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 four
temporary safety zones. It is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination
will be available in the docket where
indicated under ADDRESSES. We seek
any comments or information that may
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42509
lead to the discovery of a significant
environmental impact from this rule.
G. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
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;
and Department of Homeland Security
Delegation No. 0170.1
2. Add § 100.T01–0473 to read as
follows:
■
§ 165.T01–0473 Safety Zones; Marine
Events held in the Sector Long Island
Sound Captain of the Port Zone.
(a) Location. This section will be
enforced at the locations listed for each
event in Table 1 to § 165.T01–0473.
(b) Enforcement period. This rule will
be enforced on the dates and times
listed for each event in Table 1 to
§ 165.T01–0473.
(c) Definitions. The following
definitions apply to this section: A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the COTP, Sector
Long Island Sound, to act on his or her
behalf. The designated representative
may be on an official patrol vessel or
may be on shore and will communicate
with vessels via VHF–FM radio or
loudhailer. ‘‘Official patrol vessels’’ may
consist of any Coast Guard, Coast Guard
Auxiliary, state, or local law
enforcement vessels assigned or
approved by the COTP Sector Long
Island Sound. In addition, members of
the Coast Guard Auxiliary may be
present to inform vessel operators of
this regulation.
(d) Regulations. (1) The general
regulations contained in § 165.23 apply.
(2) In accordance with the general
regulations in § 165.23, entry into or
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movement within these zones are
prohibited unless authorized by the
COTP, Long Island Sound.
(3) Any vessel given permission to
deviate from these regulations must
comply with all directions given to
them by the COTP Sector Long Island
Sound, or the designated on-scene
representative.
(4) Any vessel given permission to
enter or operate in these safety zones
must comply with all directions given to
them by the COTP Sector Long Island
Sound, or the designated on-scene
representative.
(5) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
TABLE 1 TO § 165.T01–0473
Fireworks Events
1.
Boys & Girls of Bellport-Beach Ball 2016 ..........................................
•
•
•
•
2.
Arts Project Cherry Grove Fireworks Display ....................................
•
•
•
•
3.
The Salute to Veterans Fireworks Display ........................................
•
•
•
•
4.
Freeport Chamber of Commerce .......................................................
•
•
•
•
Dated: June 15, 2016.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2016–15601 Filed 6–29–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2016–0526]
Safety Zones; Recurring Events in
Captain of the Port Boston Zone
AGENCY:
Coast Guard, DHS.
Date: June 18, 2016
Rain Date: June 19, 2016
Time: 8:30 p.m. to 10:00 p.m.
Location: All navigable waters of Patchogue Bay, Bellport, NY within
600 feet of the fireworks barge in approximate position 40°44′39.19″
N, 072°56′27.72″ W (NAD 83).
Date: June 18, 2016
Rain Date: June 19, 2016
Time: 8:50 p.m. to 10:00 p.m.
Location: All navigable waters of Great South Bay off Cherry Grove,
Fire Island, NY within 600 feet of the fireworks barge in approximate
position 40°39′49.06″ N, 073°05′27.99″ W (NAD 83).
Date: June 25, 2016
Rain Date: June 26, 2016
Time: 9:00 p.m. to 10:30 p.m.
Location: All navigable waters of Reynolds Channel off Hempstead,
NY within 420 feet of the land launch in approximate position
40°35′36.62″ N, 073°35′20.72″ W (NAD 83).
Date: June 30, 2016
Rain Date: July 7, 2016
Time: 7:45 p.m. to 10:00 p.m.
Location: All navigable waters of Freeport Harbor, Freeport, NY within 300 feet of the fireworks barge located in approximate position
40°37′27.27″ N, 073°34′34.64″ W (NAD 83).
Notice of enforcement of
regulation.
ACTION:
The Coast Guard will enforce
safety zones in the Captain of the Port
Boston Zone on the specified dates and
times listed below. This action is
necessary to ensure the protection of the
maritime public and event participants
from the hazards associated with these
annual recurring events. Under the
provisions of our regulations, no person
or vessel, except for the safety vessels
assisting with the event may enter the
safety zones unless given permission
from the COTP or the designated onscene representative. The Coast Guard
may be assisted by other Federal, State,
or local law enforcement agencies in
enforcing this regulation.
SUMMARY:
The regulations in 33 CFR
165.118 will be enforced for the safety
zones identified in the SUPPLEMENTARY
INFORMATION section below for the dates
and times specified.
DATES:
If
you have questions about this notice of
enforcement, call or email Mr. Mark
Cutter, Coast Guard Sector Boston
Waterways Management Division,
telephone 617–223–4000, email
Mark.E.Cutter@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the safety zones
listed in 33 CFR 165.118 on the
specified dates and times as indicated in
Table 1 below. This regulation was
published in the Federal Register on
November 8, 2013 (78 FR 67028).
SUPPLEMENTARY INFORMATION:
TABLE 1
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7.1
City of Lynn 4th of July Celebration Fireworks ...............................
•
•
•
•
•
7.2
Gloucester July 4th Celebration Fireworks ......................................
•
•
•
•
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Event Type: Firework Display.
Sponsor: City of Lynn.
Date: July 3, 2016.
Time: 7:00 p.m. to 10:00 p.m.
Location: All waters of Nahant Bay, within a 350-yard radius of the
fireworks barge located at position 42°27.51′ N., 070°55.52′ W. (NAD
83).
Event Type: Fireworks Display.
Sponsor: The Gloucester Fund.
Date: July 3, 2016.
Time: 8:00 p.m. to 11:00 p.m.
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]]>Agencies
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42507-42510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15601]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0473]
RIN 165-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 four temporary 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 regulated areas is prohibited unless authorized by COTP Sector
Long Island Sound.
DATES: This rule is effective without actual notice from June 30, 2016
through July 7, 2016. For the purposes of enforcement, actual notice
will be used from the date the rule was signed, June 15, 2016, through
June 30, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0473 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Petty Officer Jay TerVeen, Prevention Department, Coast Guard
Sector Long Island Sound, telephone (203) 468-4446, email
Jay.C.TerVeen@uscg.mil.
SUPPLEMENTARY INFORMATION:
[[Page 42508]]
I. Table of Abbreviations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983
II. Background Information and Regulatory History
This rulemaking establishes four safety zones for fireworks
displays. Each event and its corresponding regulatory history are
discussed below.
The Boys and Girls Club of Bellport-Beach Ball 2016 Fireworks
Display is a recurring marine event with regulatory history. A safety
zone was established for this event in 2015 via a temporary final rule
entitled, ``Safety Zones; Marine Events held in the Sector Long Island
Sound Captain of the Port Zone.'' This rulemaking was published on May
18, 2015 in the Federal Register (80 FR 28176).
The Arts Project Cherry Grove Fireworks Display is a recurring
marine event with regulatory history and is cited in 33 CFR 165.151,
Table 1 to Sec. 165.151, section 6.5. This event has been included in
this rule due to deviation from the cite date.
The Salute to Veterans Fireworks Display is a recurring marine
event with regulatory history and is cited in 33 CFR 165.151, Table 1
to Sec. 165.151, section 6.4. This event has been included in this
rule due to deviation from the cite date.
The Clinton Chamber of Commerce Fireworks Display is a recurring
marine event with regulatory history. A safety zone was established for
this event in 2015 via a temporary final rule entitled, ``Safety Zones;
Marine Events held in the Sector Long Island Sound Captain of the Port
Zone.'' This rulemaking was published on August 14, 2015 in the Federal
Register (80 FR 48692).
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 an NPRM with respect to this rule
because doing so would be impracticable. The event sponsors were late
in submitting the marine event applications. These late submissions did
not give the Coast Guard enough time to publish an NPRM, take public
comments, and issue a final rule before these events take place. For
that reason, issuing an NPRM would be impracticable.
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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this temporary rule under authority in
33 U.S.C. 1231. The Captain of the Port (COTP) Long Island Sound has
determined that the safety zones established by this temporary final
rule are necessary to provide for the safety of life on navigable
waterways before, during and after these scheduled events.
IV. Discussion of the Rule
This rule establishes four safety zones for four fireworks
displays. The location of these safety zones are as follows:
Fireworks Displays Safety Zones
------------------------------------------------------------------------
------------------------------------------------------------------------
1 Boys & Girls of Bellport-Beach Ball Location: All navigable waters
2016. of Patchogue Bay, Bellport, NY
within 600 feet of the
fireworks barge in approximate
position 40[deg]44'39.19'' N,
072[deg]56'27.72'' W (NAD 83).
2 Arts Project Cherry Grove Fireworks Location: All navigable waters
Display. of Great South Bay off Cherry
Grove, Fire Island, NY within
600 feet of the fireworks
barge in approximate position
40[deg]39'49.06'' N,
073[deg]05'27.99'' W (NAD 83).
3 The Salute to Veterans Fireworks Location: All navigable waters
Display. of Reynolds Channel off
Hempstead, NY 420 feet of the
land launch in approximate
position 40[deg]35'36.62'' N,
073[deg]35'20.72'' W (NAD 83).
4 Freeport Chamber of Commerce......... Location: All navigable waters
of Freeport Harbor, Freeport,
NY within 300 feet of the
fireworks barge located in
approximate position
40[deg]37'27.27'' N,
073[deg]34'34.64'' W (NAD 83).
------------------------------------------------------------------------
This rule prevents vessels from entering, transiting, mooring, or
anchoring within the areas specifically designated as a safety zone and
restricts vessel movement around the locations of the marine events to
reduce the safety risks associated with it during the period of
enforcement unless authorized by the COTP or designated representative.
The Coast Guard will notify the public and local mariners of these
safety zones 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.
V. 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 order and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
The Coast Guard determined that this rulemaking is not a
significant regulatory action for the following reasons: (1) The
enforcement of these safety zones will be relatively short in duration;
(2) persons or vessels desiring to enter these safety zones may do so
with permission from the COTP LIS or a designated representative; (3)
these safety zones are designed in a way to limit impacts on vessel
traffic, permitting vessels to navigate in other portions of the
waterway not designated as a safety zone; and (4) the Coast Guard
[[Page 42509]]
will notify the public of the enforcement of this rule via appropriate
means, such as via Local Notice to Mariners and Broadcast Notice to
Mariners to increase public awareness of this safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit
these regulated areas may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator. Under section 213(a) of the
Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L.
104-121), we want to assist small entities in understanding this rule.
If the rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact the person listed
in the FOR FURTHER INFORMATION CONTACT.
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.
C. 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).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Orders
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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. 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(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 four temporary safety
zones. It is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination will be 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.
G. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping 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; and Department of Homeland Security Delegation
No. 0170.1
0
2. Add Sec. 100.T01-0473 to read as follows:
Sec. 165.T01-0473 Safety Zones; Marine Events held in the Sector Long
Island Sound Captain of the Port Zone.
(a) Location. This section will be enforced at the locations listed
for each event in Table 1 to Sec. 165.T01-0473.
(b) Enforcement period. This rule will be enforced on the dates and
times listed for each event in Table 1 to Sec. 165.T01-0473.
(c) Definitions. The following definitions apply to this section: A
``designated representative'' is any Coast Guard commissioned, warrant
or petty officer of the U.S. Coast Guard who has been designated by the
COTP, Sector Long Island Sound, to act on his or her behalf. The
designated representative may be on an official patrol vessel or may be
on shore and will communicate with vessels via VHF-FM radio or
loudhailer. ``Official patrol vessels'' may consist of any Coast Guard,
Coast Guard Auxiliary, state, or local law enforcement vessels assigned
or approved by the COTP Sector Long Island Sound. In addition, members
of the Coast Guard Auxiliary may be present to inform vessel operators
of this regulation.
(d) Regulations. (1) The general regulations contained in Sec.
165.23 apply.
(2) In accordance with the general regulations in Sec. 165.23,
entry into or
[[Page 42510]]
movement within these zones are prohibited unless authorized by the
COTP, Long Island Sound.
(3) Any vessel given permission to deviate from these regulations
must comply with all directions given to them by the COTP Sector Long
Island Sound, or the designated on-scene representative.
(4) Any vessel given permission to enter or operate in these safety
zones must comply with all directions given to them by the COTP Sector
Long Island Sound, or the designated on-scene representative.
(5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel shall proceed
as directed.
Table 1 to Sec. 165.T01-0473
------------------------------------------------------------------------
------------------------------------------------------------------------
Fireworks Events
------------------------------------------------------------------------
1. Boys & Girls of Bellport-Beach Ball Date: June 18, 2016
2016.
Rain Date: June 19,
2016
Time: 8:30 p.m. to
10:00 p.m.
Location: All
navigable waters of Patchogue
Bay, Bellport, NY within 600
feet of the fireworks barge in
approximate position
40[deg]44'39.19'' N,
072[deg]56'27.72'' W (NAD 83).
2. Arts Project Cherry Grove Fireworks Date: June 18, 2016
Display.
Rain Date: June 19,
2016
Time: 8:50 p.m. to
10:00 p.m.
Location: All
navigable waters of Great
South Bay off Cherry Grove,
Fire Island, NY within 600
feet of the fireworks barge in
approximate position
40[deg]39'49.06'' N,
073[deg]05'27.99'' W (NAD 83).
3. The Salute to Veterans Fireworks Date: June 25, 2016
Display.
Rain Date: June 26,
2016
Time: 9:00 p.m. to
10:30 p.m.
Location: All
navigable waters of Reynolds
Channel off Hempstead, NY
within 420 feet of the land
launch in approximate position
40[deg]35'36.62'' N,
073[deg]35'20.72'' W (NAD 83).
4. Freeport Chamber of Commerce........ Date: June 30, 2016
Rain Date: July 7,
2016
Time: 7:45 p.m. to
10:00 p.m.
Location: All
navigable waters of Freeport
Harbor, Freeport, NY within
300 feet of the fireworks
barge located in approximate
position 40[deg]37'27.27'' N,
073[deg]34'34.64'' W (NAD 83).
------------------------------------------------------------------------
Dated: June 15, 2016.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2016-15601 Filed 6-29-16; 8:45 am]
BILLING CODE 9110-04-P
