
[Federal Register Volume 79, Number 159 (Monday, August 18, 2014)]
[Rules and Regulations]
[Pages 48685-48688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19404]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0329]
RIN 1625-AA00


Safety Zones; Marine Events in Captain of the Port Long Island 
Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing three temporary safety zones 
for two fireworks events and one swim event within the Captain of the 
Port Long Island Sound Zone. This action is necessary to provide for 
the safety of life on navigable waters during these events. Entering 
into, transiting through, remaining, anchoring or mooring within these 
regulated areas would be prohibited unless authorized by the Captain of 
the Port Sector Long Island Sound.

DATES: This rule is effective without actual notice from August 18, 
2014 until August 30, 2014. For the purposes of enforcement, actual 
notice will be used from the date the rule was signed, July 31, 2014, 
until August 18, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0329]. To view documents 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) 468-4559, 
Scott.A.Baumgartner@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, 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
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    There are three separate marine events addressed by this temporary 
regulation. On May 29, 2014 the Coast Guard published a NPRM entitled 
``Safety Zones; Marine Events in Captain of the Port Long Island Zone'' 
in the Federal Register (79 FR 30783). No public comments were received 
on the proposed rule. No public meeting was requested and none was 
held.
    The Village of Saltaire fireworks display and the Riverhead Rocks 
Triathlon were both held the previous year and had separate safety 
zones established by a temporary final rule entitled ``Special Local 
Regulations and Safety Zones; Marine Events in Captain of the Port Long 
Island Sound Zone.'' This rulemaking was published on July 10, 2013 in 
the Federal Register (78 FR 41300). The Baker Family Celebration 
fireworks display is a first time event with no other regulatory 
history.
    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. The comment period for the NPRM 
associated with the Freeport Chamber of Commerce Fireworks Display 
expired on June 30, 2014. The first event covered by this regulation 
occurred on August 2, 2014. Thus, there was insufficient time for a 30 
day effective period before the need to enforce the earliest of three 
safety zones established by this rule on August 2, 2014.
    Delaying the enforcement of this rule to allow a 30 day effective 
period will be impractical and contrary to the public interest because 
it would inhibit the Coast Guard's ability to fulfill its mission to 
keep the ports and waterways safe.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 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; 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to define regulatory safety 
zones.
    This temporary rule is necessary to promote the safety of life on 
navigable waterways within the COTP Long Island Sound Zone during these 
events.

C. Discussion of Comments, Changes and the Final Rule

    No comments were received and there has been one change made to the 
final rule as a result of the sponsor for the Brookhaven Memorial 
Hospital Fireworks cancelling their event. The proposed safety zone 
associated with their event is no longer necessary and has been removed 
from the final rule.
    The Coast Guard is establishing three safety zones for two 
fireworks displays and one swim event to provide for the safety of life 
on navigable waters during these events. This rule will be effective 
from 8:30 p.m. on August 2, 2014 to 10:30 p.m. on August 30, 2014.
    The events covered by this regulation will be enforced on the 
respective dates, times, and locations listed in the table below. If 
any of the events are cancelled due to inclement weather, then this 
regulation will be enforced on rain dates listed in the table below.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                           Fireworks Displays
------------------------------------------------------------------------
1 Village of Saltaire Fireworks........   Date: August 2, 2014.
                                          Rain Date: August 30,
                                          2014.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of Saltaire Bay near Saltaire,
                                          NY within 600 feet of the
                                          fireworks barge located in
                                          approximate position
                                          40[deg]38'37.72'' N,
                                          073[deg]11'58.52'' W (NAD 83).
2 Baker Family Celebration Fireworks...   Date: August 16, 2014.
                                          Rain Date: August 17,
                                          2014.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.

[[Page 48686]]

 
                                          Location: All waters
                                          of Flanders Bay near
                                          Jamesport, NY within 600 feet
                                          of the fireworks barge located
                                          in approximate position
                                          40[deg]55'51.84'' N,
                                          072[deg]35'07.92'' W (NAD 83).
------------------------------------------------------------------------
                               Swim Event
------------------------------------------------------------------------
3 Riverhead Rocks Triathlon............   Date: August 3, 2014
                                          Time: 6:20 a.m. to
                                          8:30 p.m.
                                          Location: All waters
                                          of the Peconic River,
                                          Riverhead, NY within the area
                                          bounded to the west by a line
                                          connecting points at
                                          40[deg]54'58.09'' N,
                                          072[deg]39'37.56'' W on the
                                          northern bank and
                                          40[deg]54'56.74'' N,
                                          072[deg]39'37.56'' W on the
                                          southern bank and bounded to
                                          the east by a line connecting
                                          points at 40[deg]55'01.92'' N,
                                          072[deg]38'51.08'' W on the
                                          northern bank and
                                          40[deg]54'59.15'' N,
                                          072[deg]38'51.08'' W on the
                                          southern bank (NAD 83). All
                                          positions are approximate.
------------------------------------------------------------------------

    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.
    Public notifications will be made to the local maritime community 
prior to the event through 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 a number of these statutes or 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 because 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 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 received zero comments from the Small Business 
Administration on this rule. 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.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit, anchor or moor within the regulated areas during the periods 
of enforcement from August 2, 2014, to August 30, 2014.
    This temporary rule will not have a significant economic impact on 
a substantial number of small entities for the following reasons: The 
regulated areas are of short duration, vessels that can safely do so 
may navigate in all other portions of the waterways except for the 
areas designated as regulated areas, and vessels requiring entry into 
the regulated areas may be authorized to do so by the COTP Sector Long 
Island Sound or designated representative. Additionally, before the 
effective period, public notifications will be made to local mariners 
through appropriate means, which may include but are not limited to the 
Local Notice to Mariners as well as Broadcast Notice to Mariners.

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

[[Page 48687]]

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 From Environmental Health Risks

    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 might 
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 rule 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 three safety 
zones. This rule may be 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. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
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 amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 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.T01-03291 to read as follows:


Sec.  165.T01-03291  Safety Zones; Marine Events in Captain of the Port 
Long Island Sound Zone.

    (a) Regulations. The general regulations contained in Sec.  165.23 
as well as the following regulations apply to the events listed in the 
TABLE 1 of this section. These regulations will be enforced for the 
duration of each event.
    (b) Enforcement period. This rule will be enforced on the dates and 
times listed for each event in TABLE 1 of this section. If the event is 
delayed by inclement weather, the regulations will be enforced on the 
rain date indicated in TABLE 1 of this section.
    (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. 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) 468-4401 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) Enforcement. 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) Locations. The regulated area for all fireworks displays listed 
in the TABLE 1 of this section is that area of navigable waters within 
a 600 foot radius of the launch platform 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.
    (g) Separation. For the swim event listed in TABLE 1 of this 
section, vessels not associated with the event shall maintain a 
separation of at least 100 yards from the participants.

[[Page 48688]]



                     TABLE 1 to Sec.   165.T01-0329
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                           Fireworks Displays
------------------------------------------------------------------------
1 Village of Saltaire Fireworks........   Date: August 2, 2014.
                                          Rain Date: August 30,
                                          2014.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of Saltaire Bay near Saltaire,
                                          NY within 600 feet of the
                                          fireworks barge located in
                                          approximate position 40[deg]
                                          38'37.72'' N,
                                          073[deg]11'58.52'' W (NAD 83).
2 Baker Family Celebration Fireworks...   Date: August 16, 2014.
                                          Rain Date: August 17,
                                          2014.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of Flanders Bay near
                                          Jamesport, NY within 600 feet
                                          of the fireworks barge located
                                          in approximate position
                                          40[deg]55'51.84'' N,
                                          072[deg]35'07.92'' W (NAD 83).
                               Swim Event
------------------------------------------------------------------------
3 Riverhead Rocks Triathlon............   Date: August 3, 2014
                                          Time: 6:20 a.m. to
                                          8:30 a.m.
                                          Location: All waters
                                          of the Peconic River,
                                          Riverhead, NY within the area
                                          bounded to the west by a line
                                          connecting points at
                                          40[deg]54'58.09'' N
                                          072[deg]39'37.56'' W on the
                                          northern bank and
                                          40[deg]54'56.74'' N
                                          072[deg]39'37.56'' W on the
                                          southern bank and bounded to
                                          the east by a line connecting
                                          points at 40[deg]55'01.92'' N
                                          072[deg]38'51.08'' W on the
                                          northern bank and
                                          40[deg]54'59.15'' N
                                          072[deg]38'51.08'' W on the
                                          southern bank (NAD 83). All
                                          positions are approximate.
------------------------------------------------------------------------


    Dated: July 31, 2014.
E.J. Cubanski, III
Captain, U. S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2014-19404 Filed 8-15-14; 8:45 am]
BILLING CODE 9110-04-P


