Safety Zones; Marine Events Held in the Captain of the Port Long Island Sound Zone, 31260-31263 [2017-14188]
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TABLE 1 TO § 165.T01–0440—Continued
2.
Village of Asharoken Fireworks .........................................................
•
•
•
•
3.
Riverfest Fireworks ............................................................................
•
•
•
•
Dated: June 15, 2017.
A.E. Tucci,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
Island Sound, telephone (203) 468–
4583, email Amber.D.Arnold@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
[FR Doc. 2017–14189 Filed 7–5–17; 8:45 am]
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
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
II. Background Information and
Regulatory History
33 CFR Part 165
[Docket Number USCG–2017–0243]
RIN 165–AA00
Safety Zones; Marine Events Held in
the Captain of the Port Long Island
Sound Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing seven temporary safety
zones for fireworks displays within the
Captain of the Port (COTP) Long Island
Sound (LIS) 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 LIS.
DATES: This rule is effective without
actual notice from July 6, 2017 through
July 7, 2017. For the purposes of
enforcement, actual notice will be used
from, June 22, 2017, through July 6,
2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0243 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 Amber Arnold, Prevention
Department, Coast Guard Sector Long
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
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Date: July 4, 2017.
Rain Date: July 5, 2017.
Time: 8:30 p.m. to 10:30 p.m.
Location: Waters of Northport Bay, Asharoken, NY in approximate
position, 40°55′54.04″ N., 073°21′27.97″ W. (NAD 83).
Date: July 8, 2017.
Rain Date: July 9, 2017.
Time: 8:30 p.m. to 10:30 p.m.
Location: Waters of the Connecticut River, Hartford, CT in approximate positions, 41°45′39.93″ N., 072°39′49.14″ W. (NAD 83).
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This rulemaking establishes seven
safety zones for fireworks displays. Each
event and its corresponding regulatory
history are discussed below.
Crescent Beach Club Fireworks is a
first time marine event with no
regulatory history.
The City of Stamford Fireworks is a
recurring marine event with regulatory
history and is cited in 33 CFR
165.151(7.12). This event has been
included in this rule due to deviation
from the cite date.
The City of Norwich July Fireworks,
now called the American Ambulance
Services Fireworks, is a recurring
marine event with regulatory history
and is cited in 33 CFR 165.151(7.11).
This event has been included in this
rule due to deviation from the cite date.
The City of Middletown Fireworks is
a recurring marine event with regulatory
history and is cited in 33 CFR
165.151(7.9). This event has been
included in this rule due to deviation
from the cite date and position.
Greenwich Parks and Recreation
Fireworks is a first time marine event
with no regulatory history.
The Mason’s Island Yacht Club
Fireworks is a recurring marine event
with regulatory history and is cited in
33 CFR 165.151(7.21). This event has
been included in this rule due to
deviation from the cite date.
The Madison Fireworks is a recurring
marine event with regulatory history
and is cited in 33 CFR 165.151(7.38).
This event has been included in this
rule due to deviation from the cite date.
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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 and
contrary to the public interest. The
event sponsors were late in submitting
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. It is impracticable to publish an
NPRM because we must establish these
safety zones by June 22, 2017. Further,
waiting for a comment period to run is
also contrary to the public interest as it
would inhibit the Coast Guard’s 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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this
temporary rule under authority in 33
U.S.C. 1231. The 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 seven safety
zones for seven fireworks displays. The
location of these safety zones are as
follows:
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Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations
31261
Fireworks Events
1.
Crescent Beach Club Fireworks ........................................................
2.
City of Stamford Fireworks ................................................................
3.
American Ambulance Services Fireworks .........................................
4.
City of Middletown Fireworks .............................................................
5.
Town of Greenwich Parks and Recreation Fireworks .......................
6.
Mason’s Island Yacht Club Fireworks ...............................................
7.
Madison Fireworks .............................................................................
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 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
orders and we discuss First Amendment
rights of protestors.
jstallworth on DSK7TPTVN1PROD with RULES
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 Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
The Coast Guard determined that this
rulemaking is not a significant
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Location: All navigable waters of Long Island Sound, Bayville, NY within 800 feet of the fireworks barge in approximate position 40°54′43″
N., 073°32′43″ W. (NAD 83).
Location: All navigable waters of Westcott Cove, Stamford, CT within
1000 feet of the fireworks barge located in approximate position
41°02′09.56″ N., 073°30′57.76″ W. (NAD 83).
Location: All navigable waters of the Thames River, Norwich, CT, within 1000 feet of the fireworks barge in approximate position
41°31′15.93″ N., 072°04′42.96″ W. (NAD 83).
Location: All waters of Connecticut River, Middletown, CT within 1000
feet of the fireworks barge in approximate position 41°33′43″ N.,
072°38′32″ W. (NAD 83).
Location: All waters of Greenwich Harbor, Greenwich, CT within 560
feet of the land launch site in approximate position 41°00′8.64″ N.,
073°34′16.26″ W. (NAD 83).
Location: All waters of the Long Island Sound, Mason’s Island, CT
within 1000 feet of the fireworks barge in approximate position
41°19′30.61″ N., 071°57′48.22″ W. (NAD 83).
Location: All navigable waters of the Long Island Sound, Madison, CT
within 1000 feet of the of the barge launch site located in approximate position 41°16′03.93″ N., 072°36′15.97″ W. (NAD 83).
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 Long
Island Sound 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 will notify
the public of the enforcement of this
rule via appropriate means, such as
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
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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 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
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Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations
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 seven
temporary safety zones. It is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. A
Record of Environmental Consideration
(REC) for Categorically Excluded
Actions 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
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.
§ 165.151
[Amended]
2. From July 6, 2017 through July 7,
2017, remove items 7.9, 7.11, 7.12, 7.21,
7.38 from Table 1 to § 165.151.
■ 3. Add § 100.T01–0243 to read as
follows:
■
§ 165.T01–0243 Safety Zones; Marine
Events held in the Captain of the Port Long
Island Sound Zone
(a) Location. This section will be
enforced at the locations listed for each
event in Table 1 to § 165.T01–0243.
(b) Enforcement periods. This section
will be enforced on the dates and times
listed for each event in Table 1 to
§ 165.T01–0243.
(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 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 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 33 CFR 165.23
apply.
(2) In accordance with the general
regulations in 33 CFR 165.23, entry into
or 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 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 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.T01–0534
Fireworks Events
jstallworth on DSK7TPTVN1PROD with RULES
1.
Crescent Beach Club Fireworks ........................................................
2.
City of Stamford Fireworks ................................................................
3.
American Ambulance Services Fireworks .........................................
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• Date: June 22, 2017.
• Time: 9:00 p.m. to 10:15 p.m.
• Location: All navigable waters of Long Island Sound, Bayville, NY
within 800 feet of the fireworks barge in approximate position
40°54′43″ N., 073°32′43″ W. (NAD 83).
• Date: June 30, 2017.
• Rain Date: July 1, 2017.
• Time: 8:00 p.m. to 10:00 p.m.
• Location: All navigable waters of Westcott Cove, Stamford, CT within
1000 feet of the fireworks barge located in approximate position
41°02′09.56″ N., 073°30′57.76″ W. (NAD 83).
• Date: June 30, 2017.
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31263
TABLE 1 TO § 165.T01–0534—Continued
4.
City of Middletown Fireworks .............................................................
5.
Town of Greenwich Parks and Recreation Fireworks .......................
6.
Mason’s Island Yacht Club Fireworks ...............................................
7.
Madison Fireworks .............................................................................
Dated: June 15, 2017.
A.E. Tucci,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2017–14188 Filed 7–5–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1986–0005; FRL 9964–
03-Region 1]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Shpack Landfill Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
jstallworth on DSK7TPTVN1PROD with RULES
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final deletion is being published by EPA
with the concurrence of the State of
Massachusetts, through the
Massachusetts Department of
Environmental Protection (MassDEP),
because EPA has determined that all
appropriate response actions under
CERCLA, other than operation,
maintenance, monitoring, and five-year
reviews, have been completed.
However, this deletion does not
preclude future actions under
Superfund.
This direct final deletion is
effective September 5, 2017 unless EPA
receives adverse comments by August 7,
2017. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final deletion in the Federal
Register informing the public that the
deletion will not take effect.
DATES:
Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–1986–0005 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Comments may also be submitted by
email or mail to Elaine Stanley,
Remedial Project Manager, Office of Site
Remediation and Restoration, Mail
Code: OSRR07–4, U.S. Environmental
Protection Agency, Region 1, 5 Post
Office Square, Suite 100, Boston, MA
02109–3912, email address:
Stanley.ElaineT@epa.gov or Sarah
White, Community Involvement
Coordinator, Office of the Regional
Administrator, Mail Code: ORA01–1,
ADDRESSES:
The Environmental Protection
Agency (EPA) Region 1 is publishing a
direct final Notice of Deletion of the
Shpack Landfill Superfund Site (Site),
located on Union Rd. and Peckham
Streets in Norton and Attleboro,
Massachusetts, from the National
Priorities List (NPL). The NPL,
promulgated pursuant to section 105 of
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This direct
SUMMARY:
• Rain Date: July 1, 2017.
• Time: 9:00 p.m. to 10:30 p.m.
• Location: All navigable waters of the Thames River, Norwich, CT,
within 1000 feet of the fireworks barge in approximate position
41°31′15.93″ N., 072°04′42.96″ W. (NAD 83).
• Date: July 1, 2017.
• Rain Date: July 2, 2017.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: All waters of Connecticut River, Middletown, CT within
1000 feet of the fireworks barge in approximate position 41°33′43″
N., 072°38′32″ W. (NAD 83).
• Date: July 1, 2017.
• Rain Date: July 2, 2017.
• Time: 8:45 p.m. to 10:00 p.m.
• Location: All waters of Greenwich Harbor, Greenwich, CT within 560
feet of the land launch site in approximate position 41°00′8.64″ N.,
073°34′16.26″ W. (NAD 83).
• Date: July 2, 2017.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: All waters of the Long Island Sound, Mason’s Island, CT
within 1000 feet of the fireworks barge in approximate position
41°19′30.61″ N., 071°57′48.22″ W. (NAD 83).
• Date: July 3, 2017.
• Rain Date: July 7, 2017.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: All navigable waters of the Long Island Sound, Madison,
CT within 1000 feet of the of the barge launch site located in approximate position 41°16′03.93″ N., 072°36′15.97″ W. (NAD 83).
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EPA—Region 1, 5 Post Office Square,
Suite 100, Boston, MA 02109–3912,
telephone: 617–918–1026, email:
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comments cannot be edited or removed
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Multimedia submissions (audio, video,
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]]>Agencies
[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Rules and Regulations]
[Pages 31260-31263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14188]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0243]
RIN 165-AA00
Safety Zones; Marine Events Held in the Captain of the Port Long
Island Sound Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing seven temporary safety zones
for fireworks displays within the Captain of the Port (COTP) Long
Island Sound (LIS) 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 LIS.
DATES: This rule is effective without actual notice from July 6, 2017
through July 7, 2017. For the purposes of enforcement, actual notice
will be used from, June 22, 2017, through July 6, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0243 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 Amber Arnold, Prevention Department, Coast Guard
Sector Long Island Sound, telephone (203) 468-4583, email
Amber.D.Arnold@uscg.mil.
SUPPLEMENTARY INFORMATION:
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 seven safety zones for fireworks
displays. Each event and its corresponding regulatory history are
discussed below.
Crescent Beach Club Fireworks is a first time marine event with no
regulatory history.
The City of Stamford Fireworks is a recurring marine event with
regulatory history and is cited in 33 CFR 165.151(7.12). This event has
been included in this rule due to deviation from the cite date.
The City of Norwich July Fireworks, now called the American
Ambulance Services Fireworks, is a recurring marine event with
regulatory history and is cited in 33 CFR 165.151(7.11). This event has
been included in this rule due to deviation from the cite date.
The City of Middletown Fireworks is a recurring marine event with
regulatory history and is cited in 33 CFR 165.151(7.9). This event has
been included in this rule due to deviation from the cite date and
position.
Greenwich Parks and Recreation Fireworks is a first time marine
event with no regulatory history.
The Mason's Island Yacht Club Fireworks is a recurring marine event
with regulatory history and is cited in 33 CFR 165.151(7.21). This
event has been included in this rule due to deviation from the cite
date.
The Madison Fireworks is a recurring marine event with regulatory
history and is cited in 33 CFR 165.151(7.38). This event has been
included in this rule due to deviation from the cite date.
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 and contrary to the public
interest. The event sponsors were late in submitting 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. It is impracticable to publish an
NPRM because we must establish these safety zones by June 22, 2017.
Further, waiting for a comment period to run is also contrary to the
public interest as it would inhibit the Coast Guard's 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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this temporary rule under authority in
33 U.S.C. 1231. The 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 seven safety zones for seven fireworks
displays. The location of these safety zones are as follows:
[[Page 31261]]
------------------------------------------------------------------------
------------------------------------------------------------------------
Fireworks Events
------------------------------------------------------------------------
1. Crescent Beach Club Fireworks....... Location: All navigable waters
of Long Island Sound,
Bayville, NY within 800 feet
of the fireworks barge in
approximate position
40[deg]54'43'' N.,
073[deg]32'43'' W. (NAD 83).
2. City of Stamford Fireworks.......... Location: All navigable waters
of Westcott Cove, Stamford, CT
within 1000 feet of the
fireworks barge located in
approximate position
41[deg]02'09.56'' N.,
073[deg]30'57.76'' W. (NAD
83).
3. American Ambulance Services Location: All navigable waters
Fireworks. of the Thames River, Norwich,
CT, within 1000 feet of the
fireworks barge in approximate
position 41[deg]31'15.93'' N.,
072[deg]04'42.96'' W. (NAD
83).
4. City of Middletown Fireworks........ Location: All waters of
Connecticut River, Middletown,
CT within 1000 feet of the
fireworks barge in approximate
position 41[deg]33'43'' N.,
072[deg]38'32'' W. (NAD 83).
5. Town of Greenwich Parks and Location: All waters of
Recreation Fireworks. Greenwich Harbor, Greenwich,
CT within 560 feet of the land
launch site in approximate
position 41[deg]00'8.64'' N.,
073[deg]34'16.26'' W. (NAD
83).
6. Mason's Island Yacht Club Fireworks. Location: All waters of the
Long Island Sound, Mason's
Island, CT within 1000 feet of
the fireworks barge in
approximate position
41[deg]19'30.61'' N.,
071[deg]57'48.22'' W. (NAD
83).
7. Madison Fireworks................... Location: All navigable waters
of the Long Island Sound,
Madison, CT within 1000 feet
of the of the barge launch
site located in approximate
position 41[deg]16'03.93'' N.,
072[deg]36'15.97'' 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 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 orders 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 Order 12866.
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 Long Island Sound 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 will notify the public of the enforcement of this rule via
appropriate means, such as 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 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
[[Page 31262]]
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 seven temporary safety
zones. It is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. A Record of
Environmental Consideration (REC) for Categorically Excluded Actions
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.
Sec. 165.151 [Amended]
0
2. From July 6, 2017 through July 7, 2017, remove items 7.9, 7.11,
7.12, 7.21, 7.38 from Table 1 to Sec. 165.151.
0
3. Add Sec. 100.T01-0243 to read as follows:
Sec. 165.T01-0243 Safety Zones; Marine Events held in the Captain of
the Port Long Island Sound Zone
(a) Location. This section will be enforced at the locations listed
for each event in Table 1 to Sec. 165.T01-0243.
(b) Enforcement periods. This section will be enforced on the dates
and times listed for each event in Table 1 to Sec. 165.T01-0243.
(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 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 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 33 CFR
165.23 apply.
(2) In accordance with the general regulations in 33 CFR 165.23,
entry into or 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 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 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.T01-0534
------------------------------------------------------------------------
------------------------------------------------------------------------
Fireworks Events
------------------------------------------------------------------------
1. Crescent Beach Club Fireworks....... Date: June 22, 2017.
Time: 9:00 p.m. to
10:15 p.m.
Location: All
navigable waters of Long
Island Sound, Bayville, NY
within 800 feet of the
fireworks barge in approximate
position 40[deg]54'43'' N.,
073[deg]32'43'' W. (NAD 83).
2. City of Stamford Fireworks.......... Date: June 30, 2017.
Rain Date: July 1,
2017.
Time: 8:00 p.m. to
10:00 p.m.
Location: All
navigable waters of Westcott
Cove, Stamford, CT within 1000
feet of the fireworks barge
located in approximate
position 41[deg]02'09.56'' N.,
073[deg]30'57.76'' W. (NAD
83).
3. American Ambulance Services Date: June 30, 2017.
Fireworks.
[[Page 31263]]
Rain Date: July 1,
2017.
Time: 9:00 p.m. to
10:30 p.m.
Location: All
navigable waters of the Thames
River, Norwich, CT, within
1000 feet of the fireworks
barge in approximate position
41[deg]31'15.93'' N.,
072[deg]04'42.96'' W. (NAD
83).
4. City of Middletown Fireworks........ Date: July 1, 2017.
Rain Date: July 2,
2017.
Time: 8:30 p.m. to
10:30 p.m.
Location: All waters
of Connecticut River,
Middletown, CT within 1000
feet of the fireworks barge in
approximate position
41[deg]33'43'' N.,
072[deg]38'32'' W. (NAD 83).
5. Town of Greenwich Parks and Date: July 1, 2017.
Recreation Fireworks.
Rain Date: July 2,
2017.
Time: 8:45 p.m. to
10:00 p.m.
Location: All waters
of Greenwich Harbor,
Greenwich, CT within 560 feet
of the land launch site in
approximate position
41[deg]00'8.64'' N.,
073[deg]34'16.26'' W. (NAD
83).
6. Mason's Island Yacht Club Fireworks. Date: July 2, 2017.
Time: 8:30 p.m. to
10:30 p.m.
Location: All waters
of the Long Island Sound,
Mason's Island, CT within 1000
feet of the fireworks barge in
approximate position
41[deg]19'30.61'' N.,
071[deg]57'48.22'' W. (NAD
83).
7. Madison Fireworks................... Date: July 3, 2017.
Rain Date: July 7,
2017.
Time: 8:30 p.m. to
10:30 p.m.
Location: All
navigable waters of the Long
Island Sound, Madison, CT
within 1000 feet of the of the
barge launch site located in
approximate position
41[deg]16'03.93'' N.,
072[deg]36'15.97'' W. (NAD
83).
------------------------------------------------------------------------
Dated: June 15, 2017.
A.E. Tucci,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2017-14188 Filed 7-5-17; 8:45 am]
BILLING CODE 9110-04-P
