Safety Zones; Marine Events Held in the Captain of the Port Long Island Sound Zone, 33163-33167 [2019-14792]

Download as PDF 33163 Rules and Regulations Federal Register Vol. 84, No. 134 Friday, July 12, 2019 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. date of the final rule from September 9, 2019 to July 12, 2019, and provides an applicability date of July 9, 2019 for the final rule. Chad Rupe, Administrator, Rural Utilities Service. [FR Doc. 2019–14875 Filed 7–11–19; 8:45 am] BILLING CODE 3410–15–P DEPARTMENT OF AGRICULTURE Rural Utilities Service DEPARTMENT OF HOMELAND SECURITY 7 CFR Parts 1710, 1714, 1717, 1724, 1726, and 1730 Coast Guard 33 CFR Part 165 RIN 0572–AC40 [Docket No. USCG–2019–0562] Streamlining Electric Program Procedures Rural Utilities Service, USDA. Final rule; change of effective AGENCY: ACTION: date. On July 9, 2019, the Rural Utilities Service (RUS), a Rural Development agency of the United States Department of Agriculture (USDA), published a final rule that revised several regulations to streamline its procedures for Electric Program borrowers. RUS has determined it is necessary to accelerate the effective date of the final rule. DATES: Effective date: The effective date of the final rule published at 84 FR 32607 on July 9, 2019 is changed from September 9, 2019, to July 12, 2019. Applicability date: The final rule published at 84 FR 32607 on July 9, 2019, is applicable beginning July 9, 2019. SUMMARY: FOR FURTHER INFORMATION CONTACT: Gerard Moore, Deputy Assistant Administrator, Office of Policy, Outreach, and Standards (OPOS), Rural Utilities Service, U.S. Department of Agriculture, STOP 1569, 1400 Independence Ave. SW, Washington, DC 20250–0787, telephone: (202) 720– 1900. Email contact Gerard.Moore@ wdc.usda.gov. On July 9, 2019, RUS published a final rule implementing revisions to existing regulations to streamline procedures for Electric Program borrowers. The final rule should have been effective upon publication in the Federal Register. This document accelerates the effective jbell on DSK3GLQ082PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:13 Jul 11, 2019 Jkt 247001 Regulated Navigation Area; Straits of Mackinac, Mackinaw City, MI Coast Guard, DHS. ACTION: Notice of enforcement of regulation. AGENCY: The Coast Guard will enforce a temporary traffic rule prohibiting the transit of certain vessels under the Mackinac Bridge in the Straits of Mackinac on August 11, 2019, to provide for safety of life on navigable waterways during a swim event. Our regulation identifies the vessels that must comply with this temporary traffic rule. During the enforcement periods, the operator of any vessel in the regulated navigation area must comply with directions from the Patrol Commander or a Designated Representative of the Captain of the Port. SUMMARY: This temporary traffic rule permitted in 33 CFR 165.944 will be enforced from 7:30 a.m. through 10:30 a.m. on August 11, 2019. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email LT Sean Murphy, Waterways Management, U.S. Coast Guard; telephone 906–635–3223, email Sean.V.Murphy@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a temporary traffic rule, that the Captain of the Port Sault Sainte Marie is establishing under 33 CFR 165.944(c)(7), to provide for safety of life on navigable waterways during a swim event near the Mackinac Bridge in the Straits of Mackinac. The temporary traffic rule will be enforced from 7:30 a.m. through 10:30 a.m. on August 11, DATES: PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 2019. During this period of enforcement, certain vessels, listed in 33 CFR 165.944(b), are prohibited from crossing underneath the Mackinac Bridge in the Straits of Mackinac, Michigan. If you are the operator of a vessel in the regulated navigation area you must comply with directions from the Patrol Commander or Designated Representative of the Captain of the Port. In addition to this notice of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners, and marine information broadcasts. Dated: July 3, 2019. Patrick S. Nelson, Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie. [FR Doc. 2019–14820 Filed 7–11–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0154] 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. These temporary safety zones are necessary to provide for the safety of life on navigable waters during these seven events. Entry into, transit through, mooring or anchoring within these limited access areas is prohibited unless authorized by the COTP LIS. DATES: This rule is effective from July 12, 2019 through July 13, 2019. For the purposes of enforcement, actual notice will be used from June 29, 2019, through July 12, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2019– SUMMARY: E:\FR\FM\12JYR1.SGM 12JYR1 33164 Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Rules and Regulations 0154 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 Melanie Hughes, Prevention Department, Coast Guard Sector Long Island Sound, telephone (203) 468–4583, email Melanie.A. Hughes1@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 nine safety zones for fireworks displays. Each event and its corresponding regulatory history are discussed below. Riverfest Fireworks is a recurring marine event. A permanent safety zone was established in 2010 and is cited in 33 CFR 165.151 at 7.23. This event has been included in this rule due to deviation from the cite date. City of Masons Island Yacht Club Fireworks is a recurring marine event. A permanent safety zone was established in 2010 and is cited in 33 CFR 165.151 at 7.21. This event has been included in this rule due to deviation from the cite date. City of West Haven Fireworks is a recurring marine event. A permanent safety zone was established in 2010 and is cited in 33 CFR 165.151 at 7.13. This event has been included in this rule due to deviation from the cite date. Madison Fireworks is a recurring marine event. A permanent safety zone was established in 2013 and is cited in 33 CFR 165.151 at 7.3. This event has been included in this rule due to deviation from the cite date. Village of Asharoken Fireworks is a recurring marine event. A permanent safety zone was established in 2010 and is cited in 33 CFR 165.151 at 7.24. This event has been included in this rule due to deviation from the cite position. City of Norwich July Fireworks is a recurring marine event. A permanent safety zone was established in 2010 and is cited in 33 CFR 165.151 at 7.11. This event has been included in this rule due to deviation from the cite date. City of Middletown Fireworks is a recurring marine event. A permanent safety zone was established in 2010 and is cited in 33 CFR 165.151 at 7.9. 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 a NPRM with respect to this rule because doing so would be impracticable and contrary to the public interest. The Coast Guard was not provided enough notice that these events were occurring by the event sponsors to allow for publishing an NPRM, taking public comments, and issuing a final rule before these events take place. It is impracticable to publish an NPRM because we must establish these safety zones by June 29, 2019. Thus, 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 LIS 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 the nine scheduled fireworks displays. IV. Discussion of the Rule This rule establishes seven safety zones for seven fireworks displays. Each safety zone covers all navigable waters within a 1,000 foot radius of the launch platform or launch site for each fireworks display at the following locations: jbell on DSK3GLQ082PROD with RULES Fireworks Displays Safety Zones 1 Riverfest Fireworks ............................................................................. 2 Masons Island Yacht Club Fireworks ................................................. 3 City of West Haven Fireworks ............................................................ 4 Madison Fireworks .............................................................................. 5 Village of Asharoken Fireworks .......................................................... 6 City of Norwich July Fireworks ........................................................... 7 City of Middletown Fireworks .............................................................. This rule restricts vessel movement within the areas specifically designated as a safety zone to reduce the safety risks associated with specific marine events. Vessels are prohibited from VerDate Sep<11>2014 16:13 Jul 11, 2019 Jkt 247001 Location: Waters of the Connecticut River within a 600-foot radius of the fireworks barge located in approximate position, 41°45′34″ N, 072°39′37″ W (NAD 83). Location: Waters of Fishers Island Sound, Noank, CT in approximate position, 41°19′30.61″ N, 071°57′48.22″ W (NAD 83). Location: Waters of New Haven Harbor, off Bradley Point, West Haven, CT in approximate position, 41°15′07″ N, 072°57′26″ W (NAD 83). Location: Waters of Long Island Sound off Madison Beach, Madison, CT in approximate position, 41°16′03.93″ N, 072°36′15.97″ W (NAD 83). Location: Waters of Northport Bay, Asharoken, NY in approximate position, 40°55′54.04″ N, 073°21′27.97″ W (NAD 83). Location: Waters of the Thames River, Norwich, CT in approximate position, 41°31′16.835″ N, 072°04′43.327″ W (NAD 83). Location: Waters of the Connecticut River, Middletown Harbor, Middletown, CT in approximate position, 41°33′44.47″ N, 072°38′37.88″ W (NAD 83). entering, transiting, mooring, or anchoring within the safety zones during the period of enforcement unless authorized by the COTP or designated representative. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 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, E:\FR\FM\12JYR1.SGM 12JYR1 Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Rules and Regulations 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. jbell on DSK3GLQ082PROD 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 13771 directs agencies to control regulatory costs through a budgeting process. 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, and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. 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, lasting at most three hours; (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 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 these safety zones. 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, VerDate Sep<11>2014 16:13 Jul 11, 2019 Jkt 247001 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 section. 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. 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. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 33165 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 L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. A Record of Environmental Consideration (REC) supporting this 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 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: ■ E:\FR\FM\12JYR1.SGM 12JYR1 33166 Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Rules and Regulations 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 § 165.T01–0154 to read as follows: ■ § 165.T01–0154 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 this section. (b) Enforcement period. This rule will be enforced on the dates and times listed for each event in Table 1 to this section. (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 Captain of the Port (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 § 165.23 apply. (2) In accordance with the general regulations in § 165.23, entry into or movement within these zones is 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 a designated 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 a designated 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. (6) The regulated area for all fireworks displays listed in Table 1 to this section is that area of navigable waters within a 1000 foot radius of the launch platform or launch site for each fireworks display. TABLE 1 TO § 165.T01–0154 jbell on DSK3GLQ082PROD with RULES Fireworks Events 1 Riverfest Fireworks ............................................................................. • • • • 2 Masons Island Yacht Club Fireworks ................................................. • • • • 3 City of West Haven Fireworks ............................................................ • • • 4 Madison Fireworks .............................................................................. • • • • 5 Village of Asharoken Fireworks .......................................................... • • • • 6 City of Norwich July Fireworks ........................................................... • • • • 7 City of Middletown Fireworks .............................................................. • • • VerDate Sep<11>2014 16:13 Jul 11, 2019 Jkt 247001 PO 00000 Frm 00004 Fmt 4700 Date: July 13, 2019. Rain Date: July 14, 2019. 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). Date: July 6, 2019. Rain Date: July 7, 2019. Time: 8:30 p.m. to 10:00 p.m. Location: Waters of Fishers Island Sound, Noank, CT in approximate position, 41°19′30.61″ N, 071°57′48.22″ W (NAD 83). Date: July 3, 2019. Time: 8:30 p.m. to 10:30 p.m. Location: Waters of New Haven Harbor, off Bradley Point, West Haven, CT in approximate position, 41°15′07″ N, 072°57′26″ W (NAD 83). Date: July 3, 2019. Rain Date: July 5, 2019. Time: 9:00 p.m. to 11:00 p.m. Location: Waters of Long Island Sound off Madison Beach, Madison, CT in approximate position 41°16′03.93″ N, 072°36′15.97″ W (NAD 83). Date: July 4, 2019. Rain Date: July 5, 2019. 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 3, 2019. Rain Date: July 6, 2019. Time: 8:30 p.m. to 10:30 p.m. Location: Waters of the Thames River, Norwich, CT in approximate position, 41°31′16.835″ N, 072°04′43.327″ W (NAD 83). Date: June 29, 2019. Time: 8:00 p.m. to 10:30 p.m. Location: Waters of the Connecticut River, Middletown Harbor, and Middletown, CT in approximate position 41°33′44.47″ N, 072°38′37.88″ W (NAD 83). Sfmt 9990 E:\FR\FM\12JYR1.SGM 12JYR1 Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Rules and Regulations Dated: June 17, 2019. K.B. Reed, Captain, U.S. Coast Guard, Captain of the Port Long Island Sound. II. Background Information and Regulatory History [FR Doc. 2019–14792 Filed 7–11–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0534] RIN 1625–AA00 Safety Zone; Fireworks Display, Great Egg Harbor Bay, Ocean City, NJ Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone on the waters of the Great Egg Harbor Bay in Ocean City, NJ, from 9:30 p.m. to 10:30 p.m. on July 13, 2019, during the Ocean City Nights in Venice fireworks display. The safety zone is necessary to ensure the safety of participant vessels, spectators, and the boating public during the event. This regulation prohibits persons and non-participant vessels from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port (COTP) Delaware Bay or a designated representative. SUMMARY: This rule is effective from 9:30 p.m. through 10:30 p.m. on July 13, 2019. DATES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0534 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, call or email Petty Officer Thomas Welker, Sector Delaware Bay, Waterways Management Division, U.S. Coast Guard; telephone (215) 271–4814, email Thomas.j.welker@uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: jbell on DSK3GLQ082PROD with RULES I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code VerDate Sep<11>2014 16:13 Jul 11, 2019 Jkt 247001 The Coast Guard is issuing this temporary 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 notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable and contrary to the public interest to do so. There is insufficient time to allow for a reasonable comment period prior to the date of the event. The rule must be in force by July 13, 2019. We are taking immediate action to ensure the safety of spectators and the general public from hazards associated with the fireworks display. Hazards include accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable and contrary to the public interest because immediate action is needed to mitigate the potential safety hazards associated with a fireworks displays in this location by July 13, 2019. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port Delaware Bay (COTP) has determined that potential hazards associated with this display will be a safety concern for anyone within a 600-foot radius of the barge launching the fireworks. The purpose of this rule is to ensure safety of vessels and the navigable waters in the safety zone before, during, and after the scheduled event. IV. Discussion of the Rule This rule establishes a temporary safety zone on the waters of the Great Egg Harbor Bay in Ocean City, NJ, during a fireworks display scheduled to take place between 9:30 p.m. and 10:30 p.m. on July 13, 2019. The fireworks will be set off from a barge in the bay, which will be anchored at approximate position latitude 39°17′23.65″ N, longitude 074°34′31.29″ W. The safety PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 33167 zone includes all navigable waters within 600 feet of the fireworks barge. No person or vessel will be permitted to enter, transit through, anchor in, or remain within the safety zone without obtaining permission from the COTP Delaware Bay or a designated representative. If the COTP Delaware Bay or a designated representative grants authorization to enter, transit through, anchor in, or remain within the safety zone, all persons and vessels receiving such authorization must comply with the instructions of the COTP Delaware Bay or a designated representative. The Coast Guard will provide public notice of the safety zone by 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 a number of 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 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. The impact of this rule is not significant for the following reasons: (1) The enforcement period will last one hour when vessel traffic is usually low; (2) although persons and vessels may not enter, transit through, anchor in, or remain within the safety zone without authorization from the COTP Delaware Bay or a designated representative, portions of the channel will remain open. Persons and vessels will be able to operate in the surrounding area during the enforcement period; (3) persons and vessels will still be able to enter, transit through, anchor in, or remain within the regulated area if authorized by the COTP Delaware Bay or a designated representative; and (4) the Coast Guard will provide advance notification of the safety zone to the local maritime community by Local Notice to Mariners, Broadcast Notice to E:\FR\FM\12JYR1.SGM 12JYR1

Agencies

[Federal Register Volume 84, Number 134 (Friday, July 12, 2019)]
[Rules and Regulations]
[Pages 33163-33167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14792]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0154]
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.

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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. These temporary safety zones are necessary to 
provide for the safety of life on navigable waters during these seven 
events. Entry into, transit through, mooring or anchoring within these 
limited access areas is prohibited unless authorized by the COTP LIS.

DATES: This rule is effective from July 12, 2019 through July 13, 2019. 
For the purposes of enforcement, actual notice will be used from June 
29, 2019, through July 12, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-

[[Page 33164]]

0154 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 Melanie Hughes, Prevention Department, Coast 
Guard Sector Long Island Sound, telephone (203) 468-4583, email 
[email protected].

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 nine safety zones for fireworks 
displays. Each event and its corresponding regulatory history are 
discussed below.
    Riverfest Fireworks is a recurring marine event. A permanent safety 
zone was established in 2010 and is cited in 33 CFR 165.151 at 7.23. 
This event has been included in this rule due to deviation from the 
cite date.
    City of Masons Island Yacht Club Fireworks is a recurring marine 
event. A permanent safety zone was established in 2010 and is cited in 
33 CFR 165.151 at 7.21. This event has been included in this rule due 
to deviation from the cite date.
    City of West Haven Fireworks is a recurring marine event. A 
permanent safety zone was established in 2010 and is cited in 33 CFR 
165.151 at 7.13. This event has been included in this rule due to 
deviation from the cite date.
    Madison Fireworks is a recurring marine event. A permanent safety 
zone was established in 2013 and is cited in 33 CFR 165.151 at 7.3. 
This event has been included in this rule due to deviation from the 
cite date.
    Village of Asharoken Fireworks is a recurring marine event. A 
permanent safety zone was established in 2010 and is cited in 33 CFR 
165.151 at 7.24. This event has been included in this rule due to 
deviation from the cite position.
    City of Norwich July Fireworks is a recurring marine event. A 
permanent safety zone was established in 2010 and is cited in 33 CFR 
165.151 at 7.11. This event has been included in this rule due to 
deviation from the cite date.
    City of Middletown Fireworks is a recurring marine event. A 
permanent safety zone was established in 2010 and is cited in 33 CFR 
165.151 at 7.9. 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 a NPRM with respect to this rule 
because doing so would be impracticable and contrary to the public 
interest. The Coast Guard was not provided enough notice that these 
events were occurring by the event sponsors to allow for publishing an 
NPRM, taking public comments, and issuing a final rule before these 
events take place. It is impracticable to publish an NPRM because we 
must establish these safety zones by June 29, 2019. Thus, 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 LIS 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 the 
nine scheduled fireworks displays.

IV. Discussion of the Rule

    This rule establishes seven safety zones for seven fireworks 
displays. Each safety zone covers all navigable waters within a 1,000 
foot radius of the launch platform or launch site for each fireworks 
display at the following locations:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                     Fireworks Displays Safety Zones
------------------------------------------------------------------------
1 Riverfest Fireworks..................  Location: Waters of the
                                          Connecticut River within a 600-
                                          foot radius of the fireworks
                                          barge located in approximate
                                          position, 41[deg]45'34'' N,
                                          072[deg]39'37'' W (NAD 83).
2 Masons Island Yacht Club Fireworks...  Location: Waters of Fishers
                                          Island Sound, Noank, CT in
                                          approximate position,
                                          41[deg]19'30.61'' N,
                                          071[deg]57'48.22'' W (NAD 83).
3 City of West Haven Fireworks.........  Location: Waters of New Haven
                                          Harbor, off Bradley Point,
                                          West Haven, CT in approximate
                                          position, 41[deg]15'07'' N,
                                          072[deg]57'26'' W (NAD 83).
4 Madison Fireworks....................  Location: Waters of Long Island
                                          Sound off Madison Beach,
                                          Madison, CT in approximate
                                          position, 41[deg]16'03.93'' N,
                                          072[deg]36'15.97'' W (NAD 83).
5 Village of Asharoken Fireworks.......  Location: Waters of Northport
                                          Bay, Asharoken, NY in
                                          approximate position,
                                          40[deg]55'54.04'' N,
                                          073[deg]21'27.97'' W (NAD 83).
6 City of Norwich July Fireworks.......  Location: Waters of the Thames
                                          River, Norwich, CT in
                                          approximate position,
                                          41[deg]31'16.835'' N,
                                          072[deg]04'43.327'' W (NAD
                                          83).
7 City of Middletown Fireworks.........  Location: Waters of the
                                          Connecticut River, Middletown
                                          Harbor, Middletown, CT in
                                          approximate position,
                                          41[deg]33'44.47'' N,
                                          072[deg]38'37.88'' W (NAD 83).
------------------------------------------------------------------------

    This rule restricts vessel movement within the areas specifically 
designated as a safety zone to reduce the safety risks associated with 
specific marine events. Vessels are prohibited from entering, 
transiting, mooring, or anchoring within the safety zones 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,

[[Page 33165]]

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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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, and pursuant to OMB guidance it is exempt from 
the requirements of Executive Order 13771.
    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, 
lasting at most three hours; (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 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 these 
safety zones.

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 section.
    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. 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 
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 01. A Record of Environmental Consideration (REC) supporting this 
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 
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:


[[Page 33166]]


    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.  165.T01-0154 to read as follows:


Sec.  165.T01-0154  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 this section.
    (b) Enforcement period. This rule will be enforced on the dates and 
times listed for each event in Table 1 to this section.
    (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 
Captain of the Port (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 Sec.  
165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23, 
entry into or movement within these zones is 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 a designated 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 a designated 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.
    (6) The regulated area for all fireworks displays listed in Table 1 
to this section is that area of navigable waters within a 1000 foot 
radius of the launch platform or launch site for each fireworks 
display.

                     Table 1 to Sec.   165.T01-0154
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                            Fireworks Events
------------------------------------------------------------------------
1 Riverfest Fireworks..................   Date: July 13, 2019.
                                          Rain Date: July 14,
                                          2019.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          the Connecticut River,
                                          Hartford, CT in approximate
                                          positions, 41[deg]45'39.93''
                                          N, 072[deg]39'49.14'' W (NAD
                                          83).
2 Masons Island Yacht Club Fireworks...   Date: July 6, 2019.
                                          Rain Date: July 7,
                                          2019.
                                          Time: 8:30 p.m. to
                                          10:00 p.m.
                                          Location: Waters of
                                          Fishers Island Sound, Noank,
                                          CT in approximate position,
                                          41[deg]19'30.61'' N,
                                          071[deg]57'48.22'' W (NAD 83).
3 City of West Haven Fireworks.........   Date: July 3, 2019.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          New Haven Harbor, off Bradley
                                          Point, West Haven, CT in
                                          approximate position,
                                          41[deg]15'07'' N,
                                          072[deg]57'26'' W (NAD 83).
4 Madison Fireworks....................   Date: July 3, 2019.
                                          Rain Date: July 5,
                                          2019.
                                          Time: 9:00 p.m. to
                                          11:00 p.m.
                                          Location: Waters of
                                          Long Island Sound off Madison
                                          Beach, Madison, CT in
                                          approximate position
                                          41[deg]16'03.93'' N,
                                          072[deg]36'15.97'' W (NAD 83).
5 Village of Asharoken Fireworks.......   Date: July 4, 2019.
                                          Rain Date: July 5,
                                          2019.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Northport Bay, Asharoken, NY
                                          in approximate position,
                                          40[deg]55'54.04'' N,
                                          073[deg]21'27.97'' W (NAD 83).
6 City of Norwich July Fireworks.......   Date: July 3, 2019.
                                          Rain Date: July 6,
                                          2019.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          the Thames River, Norwich, CT
                                          in approximate position,
                                          41[deg]31'16.835'' N,
                                          072[deg]04'43.327'' W (NAD
                                          83).
7 City of Middletown Fireworks.........   Date: June 29, 2019.
                                          Time: 8:00 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          the Connecticut River,
                                          Middletown Harbor, and
                                          Middletown, CT in approximate
                                          position 41[deg]33'44.47'' N,
                                          072[deg]38'37.88'' W (NAD 83).
------------------------------------------------------------------------



[[Page 33167]]

    Dated: June 17, 2019.
K.B. Reed,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2019-14792 Filed 7-11-19; 8:45 am]
BILLING CODE 9110-04-P