
[Federal Register Volume 76, Number 85 (Tuesday, May 3, 2011)]
[Proposed Rules]
[Pages 24843-24846]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10664]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0148]
RIN 1625-AA00


Safety Zone; Rudey/Braga Wedding Fireworks Display, Cos Cob 
Harbor, Greenwich, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
around a fireworks display in Cos Cob Harbor, Greenwich, CT, located 
within the Captain of the Port (COTP) Sector Long Island Sound zone. 
This action is necessary to provide for the safety of life on navigable 
waters during the event. Entering into, transiting through, mooring or 
anchoring within this zone is prohibited unless authorized by the COTP 
Sector Long Island Sound.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 2, 2011.
    Requests for public meetings must be received by the Coast Guard on 
or before May 18, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0148 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Chief Petty Officer Hugh Hamilton, Prevention 
Department, Coast Guard Sector Long Island Sound, 203-468-4459, e-mail 
hugh.m.hamilton@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0148), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2011-0148'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8[frac12] by 11 inches, 
suitable for copying and electronic filing. If you submit comments by 
mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-0148'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy

[[Page 24844]]

Act notice regarding our public dockets in the January 17, 2008, issue 
of the Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before May 18, 2011 using one of the four methods 
specified under ADDRESSES. Please explain why you believe a public 
meeting would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 1226, 1231, 46 
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295, 
116 Stat. 2064; and Department of Homeland Security Delegation No. 
0170.1, which collectively authorize the Coast Guard to define safety 
zones.
    This rule is necessary to ensure the safety of vessels and 
spectators from hazards associated with fireworks events. The COTP Long 
Island Sound has determined that fireworks events in close proximity to 
the navigational channel and Special Anchorage Area pose a significant 
risk to public safety and property. Such hazards include obstructions 
to the waterway that may cause marine casualties and the explosive 
danger of fireworks and debris falling into the water that may cause 
death or serious bodily harm. Establishing a safety zone around the 
location of this fireworks event will help ensure the safety of persons 
and property and help minimize the associated risks.

Discussion of Rule

    This safety zone is necessary to ensure the safety of participants, 
spectators, and vessels during the Rudey and Braga Fireworks event in 
the COTP Long Island Sound zone as this event may pose a hazard to the 
public.
    The Rudey and Braga families will be hosting a fireworks display as 
part of a wedding celebration in Greenwich, CT, directly off a private 
estate in Cos Cob Harbor.
    This rule proposes to create a 600 foot safety zone on the 
navigable waters around the launch site located at approximately 
41[deg]00'59'' N, 073[deg]36'05'' W. The safety zone will be in place 
30 minutes prior to the event until 30 minutes after the event 
concludes.
    The particular size of the proposed safety zone established for 
this event was evaluated in accordance with Navigational and Vessel 
Inspection Circular (NVIC) 07-02; Marine Safety at Firework Displays; 
the National Fire Protection Association Standard 1123, Code for 
Fireworks Displays (30-yard distance per inch of diameter of the 
fireworks mortars), and other pertinent regulations and publications.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order.
    The Coast Guard determined that this rule is not a significant 
regulatory action for the following reasons: The regulated area will be 
of limited duration, there is very little impingement onto the 
navigable waterway, and the event is designed to avoid, to the extent 
possible, deep draft, fishing, and recreational boating traffic routes. 
Persons and/or vessels may enter a safety zone if they obtain 
permission from the Coast Guard COTP, Long Island Sound.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. Persons and/or vessels may enter this safety 
zone if they obtain permission from the Coast Guard COTP, Long Island 
Sound.
    This proposed rule may affect the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in a portion of the Cos Cob Harbor from 9 p.m. to 
10:15 p.m. on June 25th, 2011.
    This proposed safety zone would not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. This temporary safety zone would be activated and enforced for 
only 1 hour and 15 minutes in an area where vessel traffic is expected 
to be minimal. Vessel traffic could pass safely around the safety zone 
through the navigational channel. Persons and/or vessels may enter a 
safety zone if granted permission from the Coast Guard COTP, Long 
Island Sound.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Chief Petty Officer Hugh 
Hamilton, Prevention Department, Coast Guard Sector Long Island Sound, 
(203) 468-4459 or e-mail hugh.m.hamilton@uscg.mil. 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.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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

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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 proposed rule would not result in such expenditure, 
we do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This rule is categorically 
excluded, under figure 2-1, paragraph (34)(g), of the Instruction. This 
proposed rule involves the establishment of a safety zone. A 
preliminary environmental analysis checklist supporting this 
determination is 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 proposed 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREA AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.T01-0148 to read as follows:


Sec.  165.T01-0148  Safety Zone; Rudey/Braga Wedding Fireworks Display, 
Cos Cob Harbor, Greenwich, CT.

    (a) Location. The following is a Safety Zone: All waters of Long 
Island Sound in Cos Cob Harbor within a 600-foot radius of the 
fireworks barge located in approximate position 41[deg]00'59'' N, 
073[deg]36'05'' W.
    (b) Notification. Coast Guard Sector Long Island Sound will cause 
notice of the enforcement of this temporary safety zone to be made by 
all appropriate means to affect the widest publicity among the effected 
segments of the public, including publication in the Local Notice to 
Mariners and Broadcast Notice to Mariners.
    (c) Enforcement Period. This section will be enforced on 25 June, 
2011, from 9 p.m. until 10:15 p.m.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply. During the enforcement period, entering into, transiting 
through, mooring or anchoring within this safety zone is prohibited 
unless authorized by the Captain of the Port or the designated on-scene 
representatives.
    (2) This temporary safety zones is closed to all vessel traffic, 
except as may be permitted by the Captain of the Port or the designated 
on-scene representative. The COTP or the designated on scene 
representative may be contacted via VHF Channel 16 or by telephone at 
(203) 468-4404.
    (3) The ``on-scene representative'' of the COTP Long Island Sound 
is any Coast Guard commissioned, warrant, or petty officer who has been 
designated by the COTP to act on his behalf. The on-scene 
representative of the COTP Long Island Sound may be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel.
    (4) Vessel operators given permission to enter or operate in the 
safety zone must comply with all directions given to them by the 
Captain of the Port or the designated on-scene representative.
    (5) The Captain of the Port or the designated on-scene 
representative may direct the delay, cancellation, or relocation of the 
specific area to be regulated within the generally described locations 
listed to ensure safety and compliance with environmental laws. Such 
changes in implementation of the safety zone may be required as a 
result of factors that could affect their associated marine events such 
as weather, vessel traffic density, spectator

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activities, participant behavior or potential environmental impacts.

    Dated: April 12, 2011.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2011-10664 Filed 5-2-11; 8:45 am]
BILLING CODE 9110-04-P


