
[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Rules and Regulations]
[Pages 24679-24682]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10013]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0227]
RIN 1625-AA00


Safety Zones; Fireworks Displays in 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 three temporary safety zones 
for fireworks displays within the Captain of the Port (COTP) Long 
Island Sound (LIS) Zone. This action is necessary to provide for the 
safety of life on navigable waters during these events. Entry into, 
transit through, mooring or anchoring within these zones is prohibited 
unless authorized by the COTP Sector Long Island Sound.

DATES: This rule is effective from April 27, 2013, until June 22, 2013. 
This rule will be enforced during the specific dates and times listed 
in Table of Sec.  165.T01-0227.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0227]. To view documents

[[Page 24680]]

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

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Scott Baumgartner, Prevention Department, 
Coast Guard Sector Long Island Sound, (203) 468-4428, 
Scott.A.Baumgartner@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    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). Because the information for the 
list of events in the Captain of the Port Long Island Sound Zone was 
not finalized until recently, it is impracticable to undertake notice 
and comment with regard to the events in this regulation because the 
events are set to occur as scheduled. Additionally, events listed in 
this temporary final rule are currently open for comment in the related 
NPRM published at 78 FR 20277 and Docket Number USCG-2013-1036 titled, 
``Safety Zones & Special Local Regulations; Recurring Marine Events in 
Captain of the Port'' (April 4, 2013).
    For the same reasons, 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. Any delay 
encountered in this regulation's effective date by waiting for the NPRM 
comment period to close would be impracticable and contrary to public 
interest since immediate action is needed to provide for the safety of 
life and property on navigable waters from the hazardous nature of 
fireworks including unexpected detonation and burning debris.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1226, 1231; 46 
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; and 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to define regulatory safety 
zones.
    This rulemaking establishes safety zones for marine events 
involving fireworks displays on the navigable waters of the COTP Sector 
LIS zone. This rule is necessary to protect waterway users from the 
dangers inherent to fireworks displays.

C. Discussion of the Final Rule

    This temporary rule establishes safety zones for three fireworks 
displays in the COTP Sector LIS zone. Each zone encompasses a 600 foot 
radius around the launch site. These events are:

                        Fireworks Display Events
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1 Bridgeport Bluefish April Fireworks..   Location: Waters of
                                          the Pequannock south of the
                                          Interstate 95 bridge
                                          surrounding Steel Point in
                                          Bridgeport, CT.
2 Cherry Grove Arts Project Fireworks..   Location: Waters of
                                          the Great South Bay 1200 feet
                                          north of Cherry Grove, NY.
3 Bridgeport Bluefish June Fireworks...   Location: Waters of
                                          the Pequannock south of the
                                          Interstate 95 bridge
                                          surrounding Steel Point in
                                          Bridgeport, CT.
------------------------------------------------------------------------

    Because large numbers of spectator vessels are expected to 
congregate around the location of these events, these regulated areas 
are needed to protect both spectators and participants from the safety 
hazards created by them including unexpected pyrotechnics detonation 
and burning debris.
    This rule prevents vessels from entering, transiting, mooring or 
anchoring within areas specifically designated as regulated areas 
during the periods of enforcement unless authorized by the COTP or 
designated representative.
    The Coast Guard has determined that these regulated areas will not 
have a significant impact on vessel traffic due to their temporary 
nature, limited size, and the fact that vessels are allowed to transit 
the navigable waters outside of the regulated areas. The COTP will 
cause public notifications to be made by all appropriate means 
including but not limited to the Local Notice to Mariners and Broadcast 
Notice to Mariners.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rule is not a significant 
regulatory action for the following reasons: The regulated areas will 
be of limited duration and cover only a small portion of the navigable 
waterways. Furthermore, vessels may transit the navigable waterways 
outside of the regulated areas. Vessels requiring entry into the 
regulated areas may be authorized to do so by the COTP or designated 
representative.
    Advanced public notifications will also be made to the local 
maritime community by the Local Notice to Mariners as well as Broadcast 
Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the

[[Page 24681]]

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.
    The owners or operators of vessels intending to transit or anchor 
in the designated regulated areas during the enforcement periods stated 
for each event listed below in the List of Subjects.
    The temporary safety zones will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: The regulated areas will be of limited size and of short 
duration, and vessels that can safely do so may navigate in all other 
portions of the waterways except for the areas designated as regulated 
areas. Additionally, notifications will be made before the effective 
period by all appropriate means, including but not limited to the Local 
Notice to Mariners and Broadcast Notice to Mariners well in advance of 
the events.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of safety zones. This 
rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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. 1226, 1231; 46 U.S.C. Chapter 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; and Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T0-0227 to read as follows:

[[Page 24682]]

Sec.  165.T0-0227  Safety Zones; Fireworks Displays in Captain of the 
Port Long Island Sound Zone.

    (a) Regulations. The general regulations contained in 33 CFR 165.23 
as well as the following regulations apply to the events listed in the 
TABLE of Sec.  165.T01-0227. These regulations will be enforced for the 
duration of each event.
    (b) Enforcement period. This rule will be enforced from on the 
dates and times listed for each event in TABLE of Sec.  165.T01-0227.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated representative. 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), 
Sector Long Island Sound, to act on his or her behalf. The designated 
representative may be on an official patrol vessel or may be on shore 
and will communicate with vessels via VHF-FM radio or loudhailer. In 
addition, members of the Coast Guard Auxiliary may be present to inform 
vessel operators of this regulation.
    (2) Official patrol vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (d) Spectators desiring to enter or operate within the regulated 
areas should contact the COTP or the designated representative via VHF 
channel 16 or by telephone at (203) 468-4404 to obtain permission to do 
so. Spectators given permission to enter or operate in the regulated 
area must comply with all directions given to them by the COTP Sector 
Long Island Sound or the designated on-scene representative.
    (e) Upon being hailed by an official patrol vessel or the 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed. Failure to 
comply with a lawful direction may result in expulsion from the area, 
citation for failure to comply, or both.
    (f) The regulated area for all fireworks displays listed in the 
TABLE of Sec.  165.T01-0227 is that area of navigable waters within a 
1000 foot radius of the launch platform or launch site for each 
fireworks display. Fireworks barges used in these locations will also 
have a sign on their port and starboard side labeled ``FIREWORKS--STAY 
AWAY.'' This sign will consist of 10 inch high by 1.5 inch wide red 
lettering on a white background. Shore sites used in these locations 
will display a sign labeled ``FIREWORKS--STAY AWAY'' with the same 
dimensions.

         Table of Sec.   165.T01-0227--Fireworks Display Events
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1 Bridgeport Bluefish April Fireworks..   Date: Saturday April
                                          27, 2013 from 7:30 p.m. until
                                          10:30 p.m.
                                          Location: Waters of
                                          the Pequannock River's Lower
                                          Reach surrounding Steel Point
                                          in Bridgeport, CT in
                                          approximate position
                                          41[deg]10'35'' N
                                          073[deg]10'58'' W (NAD 83).
2 Cherry Grove Arts Project Fireworks..   Date: Sunday June 9,
                                          2013 from 9 p.m. until 10 p.m.
                                          Rain Date: Monday June
                                          10, 2013.
                                          Location: Waters of
                                          the Great South Bay off Cherry
                                          Grove, NY in approximate
                                          position 40[deg]39'49.06'' N,
                                          073[deg]05'27.99'' W (NAD 83).
3 Bridgeport Bluefish June Fireworks...   Date Saturday June 8,
                                          2013 from 7:30 p.m. until
                                          10:30 p.m. and Saturday June
                                          22, 2013 from 7:30 p.m. until
                                          10:30 p.m.
                                          Location: Waters of
                                          the Pequannock River's Lower
                                          Reach surrounding Steel Point
                                          in Bridgeport, CT in
                                          approximate position
                                          41[deg]10'35'' N
                                          073[deg]10'58'' W (NAD 83).
------------------------------------------------------------------------


    Dated: April 11, 2013.
J.M. Vojvodich,
Captain, U. S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2013-10013 Filed 4-25-13; 8:45 am]
BILLING CODE 9110-04-P


