81_FR_42633 81 FR 42507 - Safety Zones; Marine Events Held in the Sector Long Island Sound Captain of the Port Zone

81 FR 42507 - Safety Zones; Marine Events Held in the Sector Long Island Sound Captain of the Port Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 126 (June 30, 2016)

Page Range42507-42510
FR Document2016-15601

The Coast Guard is establishing four temporary safety zones for fireworks displays within the Coast Guard Sector Long Island Sound (LIS) Captain of the Port (COTP) Zone. This temporary final rule is necessary to provide for the safety of life on navigable waters during these events. Entry into, transit through, mooring or anchoring within these regulated areas is prohibited unless authorized by COTP Sector Long Island Sound.

Federal Register, Volume 81 Issue 126 (Thursday, June 30, 2016)
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42507-42510]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15601]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0473]
RIN 165-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing four temporary safety zones 
for fireworks displays within the Coast Guard Sector Long Island Sound 
(LIS) Captain of the Port (COTP) Zone. This temporary final rule is 
necessary to provide for the safety of life on navigable waters during 
these events. Entry into, transit through, mooring or anchoring within 
these regulated areas is prohibited unless authorized by COTP Sector 
Long Island Sound.

DATES: This rule is effective without actual notice from June 30, 2016 
through July 7, 2016. For the purposes of enforcement, actual notice 
will be used from the date the rule was signed, June 15, 2016, through 
June 30, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0473 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 Jay TerVeen, Prevention Department, Coast Guard 
Sector Long Island Sound, telephone (203) 468-4446, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 42508]]

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 four safety zones for fireworks 
displays. Each event and its corresponding regulatory history are 
discussed below.
    The Boys and Girls Club of Bellport-Beach Ball 2016 Fireworks 
Display is a recurring marine event with regulatory history. A safety 
zone was established for this event in 2015 via a temporary final rule 
entitled, ``Safety Zones; Marine Events held in the Sector Long Island 
Sound Captain of the Port Zone.'' This rulemaking was published on May 
18, 2015 in the Federal Register (80 FR 28176).
    The Arts Project Cherry Grove Fireworks Display is a recurring 
marine event with regulatory history and is cited in 33 CFR 165.151, 
Table 1 to Sec.  165.151, section 6.5. This event has been included in 
this rule due to deviation from the cite date.
    The Salute to Veterans Fireworks Display is a recurring marine 
event with regulatory history and is cited in 33 CFR 165.151, Table 1 
to Sec.  165.151, section 6.4. This event has been included in this 
rule due to deviation from the cite date.
    The Clinton Chamber of Commerce Fireworks Display is a recurring 
marine event with regulatory history. A safety zone was established for 
this event in 2015 via a temporary final rule entitled, ``Safety Zones; 
Marine Events held in the Sector Long Island Sound Captain of the Port 
Zone.'' This rulemaking was published on August 14, 2015 in the Federal 
Register (80 FR 48692).
    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM with respect to this rule 
because doing so would be impracticable. The event sponsors were late 
in submitting the marine event applications. These late submissions did 
not give the Coast Guard enough time to publish an NPRM, take public 
comments, and issue a final rule before these events take place. For 
that reason, issuing an NPRM would be impracticable.
    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 Captain of the Port (COTP) Long Island Sound has 
determined that the safety zones established by this temporary final 
rule are necessary to provide for the safety of life on navigable 
waterways before, during and after these scheduled events.

IV. Discussion of the Rule

    This rule establishes four safety zones for four fireworks 
displays. The location of these safety zones are as follows:

                     Fireworks Displays Safety Zones
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1 Boys & Girls of Bellport-Beach Ball    Location: All navigable waters
 2016.                                    of Patchogue Bay, Bellport, NY
                                          within 600 feet of the
                                          fireworks barge in approximate
                                          position 40[deg]44'39.19'' N,
                                          072[deg]56'27.72'' W (NAD 83).
2 Arts Project Cherry Grove Fireworks    Location: All navigable waters
 Display.                                 of Great South Bay off Cherry
                                          Grove, Fire Island, NY within
                                          600 feet of the fireworks
                                          barge in approximate position
                                          40[deg]39'49.06'' N,
                                          073[deg]05'27.99'' W (NAD 83).
3 The Salute to Veterans Fireworks       Location: All navigable waters
 Display.                                 of Reynolds Channel off
                                          Hempstead, NY 420 feet of the
                                          land launch in approximate
                                          position 40[deg]35'36.62'' N,
                                          073[deg]35'20.72'' W (NAD 83).
4 Freeport Chamber of Commerce.........  Location: All navigable waters
                                          of Freeport Harbor, Freeport,
                                          NY within 300 feet of the
                                          fireworks barge located in
                                          approximate position
                                          40[deg]37'27.27'' N,
                                          073[deg]34'34.64'' W (NAD 83).
------------------------------------------------------------------------

    This rule prevents vessels from entering, transiting, mooring, or 
anchoring within the areas specifically designated as a safety zone and 
restricts vessel movement around the locations of the marine events to 
reduce the safety risks associated with it during the period of 
enforcement unless authorized by the COTP or designated representative.
    The Coast Guard will notify the public and local mariners of these 
safety zones through appropriate means, which may include, but are not 
limited to, publication in the Federal Register, 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 order and we discuss First 
Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The Coast Guard determined that this rulemaking is not a 
significant regulatory action for the following reasons: (1) The 
enforcement of these safety zones will be relatively short in duration; 
(2) persons or vessels desiring to enter these safety zones may do so 
with permission from the COTP 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

[[Page 42509]]

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 this safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit 
these regulated areas may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator. Under section 213(a) of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 
104-121), we want to assist small entities in understanding this rule. 
If the rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact the person listed 
in the FOR FURTHER INFORMATION CONTACT.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this 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, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969(42 U.S.C. 4321-4370f), and have determined that this 
action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
temporary rule involves the establishment of four temporary safety 
zones. It 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 will be available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; and Department of Homeland Security Delegation 
No. 0170.1


0
2. Add Sec.  100.T01-0473 to read as follows:


Sec.  165.T01-0473  Safety Zones; Marine Events held in the Sector Long 
Island Sound Captain of the Port Zone.

    (a) Location. This section will be enforced at the locations listed 
for each event in Table 1 to Sec.  165.T01-0473.
    (b) Enforcement period. This rule will be enforced on the dates and 
times listed for each event in Table 1 to Sec.  165.T01-0473.
    (c) Definitions. The following definitions apply to this section: A 
``designated representative'' is any Coast Guard commissioned, warrant 
or petty officer of the U.S. Coast Guard who has been designated by the 
COTP, 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. ``Official patrol vessels'' may consist of any Coast Guard, 
Coast Guard Auxiliary, state, or local law enforcement vessels assigned 
or approved by the COTP Sector 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

[[Page 42510]]

movement within these zones are prohibited unless authorized by the 
COTP, Long Island Sound.
    (3) Any vessel given permission to deviate from these regulations 
must comply with all directions given to them by the COTP Sector Long 
Island Sound, or the designated on-scene representative.
    (4) Any vessel given permission to enter or operate in these safety 
zones must comply with all directions given to them by the COTP Sector 
Long Island Sound, or the designated on-scene representative.
    (5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel shall proceed 
as directed.

                     Table 1 to Sec.   165.T01-0473
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                            Fireworks Events
------------------------------------------------------------------------
1. Boys & Girls of Bellport-Beach Ball    Date: June 18, 2016
 2016.
                                          Rain Date: June 19,
                                          2016
                                          Time: 8:30 p.m. to
                                          10:00 p.m.
                                          Location: All
                                          navigable waters of Patchogue
                                          Bay, Bellport, NY within 600
                                          feet of the fireworks barge in
                                          approximate position
                                          40[deg]44'39.19'' N,
                                          072[deg]56'27.72'' W (NAD 83).
2. Arts Project Cherry Grove Fireworks    Date: June 18, 2016
 Display.
                                          Rain Date: June 19,
                                          2016
                                          Time: 8:50 p.m. to
                                          10:00 p.m.
                                          Location: All
                                          navigable waters of Great
                                          South Bay off Cherry Grove,
                                          Fire Island, NY within 600
                                          feet of the fireworks barge in
                                          approximate position
                                          40[deg]39'49.06'' N,
                                          073[deg]05'27.99'' W (NAD 83).
3. The Salute to Veterans Fireworks       Date: June 25, 2016
 Display.
                                          Rain Date: June 26,
                                          2016
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: All
                                          navigable waters of Reynolds
                                          Channel off Hempstead, NY
                                          within 420 feet of the land
                                          launch in approximate position
                                          40[deg]35'36.62'' N,
                                          073[deg]35'20.72'' W (NAD 83).
4. Freeport Chamber of Commerce........   Date: June 30, 2016
                                          Rain Date: July 7,
                                          2016
                                          Time: 7:45 p.m. to
                                          10:00 p.m.
                                          Location: All
                                          navigable waters of Freeport
                                          Harbor, Freeport, NY within
                                          300 feet of the fireworks
                                          barge located in approximate
                                          position 40[deg]37'27.27'' N,
                                          073[deg]34'34.64'' W (NAD 83).
------------------------------------------------------------------------


    Dated: June 15, 2016.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2016-15601 Filed 6-29-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations                                               42507

                                              Steilacoom in Pierce County, WA. This                      The Coast Guard is publishing this                    Documents mentioned in this notice
                                              deviation will test a change to the                     temporary deviation to test the proposed               of temporary deviation, and all public
                                              drawbridge operation schedule to                        schedule change to determine whether a                 comments, are in our online docket at
                                              determine whether a permanent change                    permanent change to the schedule is                    http://www.regulations.gov and can be
                                              to the schedule is appropriate. This test               appropriate to better balance the needs                viewed by following that Web site’s
                                              deviation will modify the existing                      of marine and rail traffic.                            instructions. Additionally, if you go to
                                              regulation to add an advance                               Under this temporary deviation, in                  the online docket and sign up for email
                                              notification requirement for obtaining                  effect from 12:01 on July 1, 2016 to                   alerts, you will be notified when
                                              bridge openings during designated                       12:01 December 27, 2016, the subject                   comments are posted or a final rule is
                                              evening hours.                                          bridge shall open on signal, except from               published.
                                              DATES: This deviation is effective from                 10 p.m. to 6 a.m. the draw shall open
                                                                                                                                                               Dated: June 23, 2016.
                                              12:01 on July 1, 2016 to 12:01 on                       on signal if at least 4 hours notice is
                                                                                                                                                             Steven M. Fischer,
                                              December 27, 2016.                                      given. The bridge will be required to
                                                                                                      open as soon a possible, no later than                 Bridge Administrator, Thirteenth Coast Guard
                                                 Comments and related material must                                                                          District.
                                              reach the Coast Guard on or before                      1 hour after notification, for vessels
                                                                                                      engaged in emergency response.                         [FR Doc. 2016–15439 Filed 6–29–16; 8:45 am]
                                              November 22, 2016.
                                              ADDRESSES: You may submit comments
                                                                                                         The Coast Guard will inform the users               BILLING CODE 9110–04–P

                                              identified by docket number USCG–                       of the waterways of this temporary
                                              2016–0280 using Federal eRulemaking                     deviation through our Local and
                                                                                                      Broadcast Notices to Mariners and                      DEPARTMENT OF HOMELAND
                                              Portal at http://www.regulations.gov.                                                                          SECURITY
                                                 See the ‘‘Public Participation and                   through direct outreach with the
                                              Request for Comments’’ portion of the                   Chambers Creek Boating Association so
                                                                                                      that vessel operators can arrange their                Coast Guard
                                              SUPPLEMENTARY INFORMATION section
                                              below for instructions on submitting                    transits to minimize any impact caused
                                                                                                      by the temporary deviation. Vessels able               33 CFR Part 165
                                              comments.
                                                                                                      to pass underneath the bridge in the                   [Docket Number USCG–2016–0473]
                                              FOR FURTHER INFORMATION CONTACT: If                     closed position may do so at anytime.
                                              you have questions on this temporary                                                                           RIN 165–AA00
                                                                                                         In accordance with 33 CFR 117.35(e),
                                              deviation, call or email Mr. Steven                     the drawbridge must return to its regular
                                              Fischer, Bridge Administrator,                                                                                 Safety Zones; Marine Events Held in
                                                                                                      operating schedule immediately at the                  the Sector Long Island Sound Captain
                                              Thirteenth Coast Guard District;                        end of the effective period of this
                                              telephone 206–220–7282, email                                                                                  of the Port Zone
                                                                                                      temporary deviation. This deviation
                                              Steven.M.Fischer3@uscg.mil.                             from the operating regulations is                      AGENCY:    Coast Guard, DHS.
                                              SUPPLEMENTARY INFORMATION:                              authorized under 33 CFR 117.35.                        ACTION:   Temporary final rule.
                                              I. Background, Purpose and Legal Basis                  II. Public Participation and Request for               SUMMARY:   The Coast Guard is
                                                 The Chambers Creek Burlington                        Comments                                               establishing four temporary safety zones
                                              Northern Santa Fe railroad vertical lift                   We view public participation as                     for fireworks displays within the Coast
                                              railroad bridge across Chambers Creek,                  essential to effective rulemaking, and                 Guard Sector Long Island Sound (LIS)
                                              mile 0.01, near Steilacoom in Pierce                    will consider all comments and material                Captain of the Port (COTP) Zone. This
                                              County, WA has a vertical clearance of                  received during the comment period.                    temporary final rule is necessary to
                                              10ft in the closed to navigation position               Your comment can help shape the                        provide for the safety of life on
                                              and 50ft of vertical clearance in the                   outcome of this rulemaking. If you                     navigable waters during these events.
                                              open to navigation position (reference                  submit a comment, please include the                   Entry into, transit through, mooring or
                                              plane is MHW elevation of 12.2 feet).                   docket number for this rulemaking,                     anchoring within these regulated areas
                                              The bridge currently operates under 33                  indicate the specific section of this                  is prohibited unless authorized by
                                              CFR 117.5; which requires the bridge to                 document to which each comment                         COTP Sector Long Island Sound.
                                              open anytime when a request or signal                   applies, and provide a reason for each                 DATES: This rule is effective without
                                              to open is given.                                       suggestion or recommendation.                          actual notice from June 30, 2016
                                                 The bridge owner, Burlington                            We encourage you to submit                          through July 7, 2016. For the purposes
                                              Northern Santa Fe Railroad, has                         comments through the Federal                           of enforcement, actual notice will be
                                              observed minimal to no usage of the                     eRulemaking Portal at http://                          used from the date the rule was signed,
                                              drawbridge between 10 p.m. and 6 a.m.                   www.regulations.gov. If your material                  June 15, 2016, through June 30, 2016.
                                              and has requested to test this schedule                 cannot be submitted using http://
                                                                                                                                                             ADDRESSES: To view documents
                                              to see if it better balances the needs of               www.regulations.gov, contact the person
                                              marine and rail traffic. The following                                                                         mentioned in this preamble as being
                                                                                                      in the FOR FURTHER INFORMATION
                                              facts support BNSF’s proposal: (1) Over                                                                        available in the docket, go to http://
                                                                                                      CONTACT section of this document for
                                              the last 6 years only 2% of the subject                                                                        www.regulations.gov, type USCG–2016–
                                                                                                      alternate instructions.
                                              bridge lifts have occurred between the                     We accept anonymous comments. All                   0473 in the ‘‘SEARCH’’ box and click
                                              hours of 10 p.m. and 6 a.m., which                      comments received will be posted                       ‘‘SEARCH.’’ Click on Open Docket
                                              equates to approximately 5 openings a                   without change to http://                              Folder on the line associated with this
                                              year, (2) from February 2009 to June                    www.regulations.gov and will include                   rule.
srobinson on DSK5SPTVN1PROD with RULES




                                              2015 there were 1932 total openings of                  any personal information you have                      FOR FURTHER INFORMATION CONTACT: If
                                              which only 40 occurred between the                      provided. For more about privacy and                   you have questions on this rule, contact
                                              hours of 10 p.m. and 6 a.m., and (3) the                the docket, you may review a Privacy                   Petty Officer Jay TerVeen, Prevention
                                              navigation traffic consists primarily of                Act notice regarding the Federal Docket                Department, Coast Guard Sector Long
                                              the tenants of Chambers Bay marina                      Management System in the March 24,                     Island Sound, telephone (203) 468–
                                              (recreational users) that are members of                2005, issue of the Federal Register (70                4446, email Jay.C.TerVeen@uscg.mil.
                                              the Chambers Bay Boating Association.                   FR 15086).                                             SUPPLEMENTARY INFORMATION:



                                         VerDate Sep<11>2014   20:00 Jun 29, 2016   Jkt 238001   PO 00000   Frm 00055   Fmt 4700   Sfmt 4700   E:\FR\FM\30JNR1.SGM   30JNR1


                                              42508                Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations

                                              I. Table of Abbreviations                                    been included in this rule due to                        NPRM with respect to this rule because
                                                                                                           deviation from the cite date.                            doing so would be impracticable. The
                                              COTP Captain of the Port                                        The Salute to Veterans Fireworks                      event sponsors were late in submitting
                                              DHS Department of Homeland Security                          Display is a recurring marine event with                 the marine event applications. These
                                              FR Federal Register                                          regulatory history and is cited in 33 CFR                late submissions did not give the Coast
                                              LIS Long Island Sound                                        165.151, Table 1 to § 165.151, section                   Guard enough time to publish an
                                              NPRM Notice of Proposed Rulemaking                           6.4. This event has been included in this                NPRM, take public comments, and issue
                                              NAD 83 North American Datum 1983                             rule due to deviation from the cite date.                a final rule before these events take
                                                                                                              The Clinton Chamber of Commerce                       place. For that reason, issuing an NPRM
                                              II. Background Information and                               Fireworks Display is a recurring marine                  would be impracticable.
                                              Regulatory History                                           event with regulatory history. A safety                     Under 5 U.S.C. 553(d)(3), and for the
                                                 This rulemaking establishes four                          zone was established for this event in                   same reasons stated in the preceding
                                              safety zones for fireworks displays. Each                    2015 via a temporary final rule entitled,                paragraph, the Coast Guard finds that
                                              event and its corresponding regulatory                       ‘‘Safety Zones; Marine Events held in                    good cause exists for making this rule
                                              history are discussed below.                                 the Sector Long Island Sound Captain of                  effective less than 30 days after
                                                                                                           the Port Zone.’’ This rulemaking was                     publication in the Federal Register.
                                                 The Boys and Girls Club of Bellport-                      published on August 14, 2015 in the
                                              Beach Ball 2016 Fireworks Display is a                       Federal Register (80 FR 48692).                          III. Legal Authority and Need for Rule
                                              recurring marine event with regulatory                          The Coast Guard is issuing this                          The Coast Guard is issuing this
                                              history. A safety zone was established                       temporary final rule without prior                       temporary rule under authority in 33
                                              for this event in 2015 via a temporary                       notice and opportunity to comment                        U.S.C. 1231. The Captain of the Port
                                              final rule entitled, ‘‘Safety Zones;                         pursuant to authority under section 4(a)                 (COTP) Long Island Sound has
                                              Marine Events held in the Sector Long                        of the Administrative Procedure Act                      determined that the safety zones
                                              Island Sound Captain of the Port Zone.’’                     (APA) (5 U.S.C. 553(b)). This provision                  established by this temporary final rule
                                              This rulemaking was published on May                         authorizes an agency to issue a rule                     are necessary to provide for the safety of
                                              18, 2015 in the Federal Register (80 FR                      without prior notice and opportunity to                  life on navigable waterways before,
                                              28176).                                                      comment when the agency for good                         during and after these scheduled events.
                                                 The Arts Project Cherry Grove                             cause finds that those procedures are
                                              Fireworks Display is a recurring marine                      ‘‘impracticable, unnecessary, or contrary                IV. Discussion of the Rule
                                              event with regulatory history and is                         to the public interest.’’ Under 5 U.S.C.                   This rule establishes four safety zones
                                              cited in 33 CFR 165.151, Table 1 to                          553(b)(B), the Coast Guard finds that                    for four fireworks displays. The location
                                              § 165.151, section 6.5. This event has                       good cause exists for not publishing an                  of these safety zones are as follows:

                                                                                                            FIREWORKS DISPLAYS SAFETY ZONES
                                              1   Boys & Girls of Bellport-Beach Ball 2016 ...........................................    Location: All navigable waters of Patchogue Bay, Bellport, NY within
                                                                                                                                            600 feet of the fireworks barge in approximate position 40°44′39.19″
                                                                                                                                            N, 072°56′27.72″ W (NAD 83).
                                              2   Arts Project Cherry Grove Fireworks Display .....................................       Location: All navigable waters of Great South Bay off Cherry Grove,
                                                                                                                                            Fire Island, NY within 600 feet of the fireworks barge in approximate
                                                                                                                                            position 40°39′49.06″ N, 073°05′27.99″ W (NAD 83).
                                              3   The Salute to Veterans Fireworks Display .........................................      Location: All navigable waters of Reynolds Channel off Hempstead, NY
                                                                                                                                            420 feet of the land launch in approximate position 40°35′36.62″ N,
                                                                                                                                            073°35′20.72″ W (NAD 83).
                                              4   Freeport Chamber of Commerce ........................................................   Location: All navigable waters of Freeport Harbor, Freeport, NY within
                                                                                                                                            300 feet of the fireworks barge located in approximate position
                                                                                                                                            40°37′27.27″ N, 073°34′34.64″ W (NAD 83).



                                                 This rule prevents vessels from                           V. Regulatory Analyses                                   flexibility. This rule has not been
                                              entering, transiting, mooring, or                               We developed this rule after                          designated a ‘‘significant regulatory
                                              anchoring within the areas specifically                      considering numerous statutes and                        action,’’ under Executive Order12866.
                                              designated as a safety zone and restricts                    Executive orders related to rulemaking.                  Accordingly, it has not been reviewed
                                              vessel movement around the locations                         Below we summarize our analyses                          by the Office of Management and
                                              of the marine events to reduce the safety                    based on these statutes and Executive                    Budget.
                                              risks associated with it during the                          order and we discuss First Amendment                        The Coast Guard determined that this
                                              period of enforcement unless authorized                      rights of protestors.                                    rulemaking is not a significant
                                              by the COTP or designated                                                                                             regulatory action for the following
                                              representative.                                              A. Regulatory Planning and Review                        reasons: (1) The enforcement of these
                                                 The Coast Guard will notify the                              Executive Orders 12866 and 13563                      safety zones will be relatively short in
                                              public and local mariners of these safety                    direct agencies to assess the costs and                  duration; (2) persons or vessels desiring
                                              zones through appropriate means,                             benefits of available regulatory                         to enter these safety zones may do so
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                                                                                                           alternatives and, if regulation is                       with permission from the COTP LIS or
                                              which may include, but are not limited
                                                                                                           necessary, to select regulatory                          a designated representative; (3) these
                                              to, publication in the Federal Register,
                                                                                                           approaches that maximize net benefits.                   safety zones are designed in a way to
                                              the Local Notice to Mariners, and                            Executive Order 13563 emphasizes the                     limit impacts on vessel traffic,
                                              Broadcast Notice to Mariners.                                importance of quantifying both costs                     permitting vessels to navigate in other
                                                                                                           and benefits, of reducing costs, of                      portions of the waterway not designated
                                                                                                           harmonizing rules, and of promoting                      as a safety zone; and (4) the Coast Guard


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                                                                 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations                                            42509

                                              will notify the public of the enforcement               Federalism, if it has a substantial direct             lead to the discovery of a significant
                                              of this rule via appropriate means, such                effect on the States, on the relationship              environmental impact from this rule.
                                              as via Local Notice to Mariners and                     between the national government and
                                                                                                                                                             G. Protest Activities
                                              Broadcast Notice to Mariners to increase                the States, or on the distribution of
                                              public awareness of this safety zone.                   power and responsibilities among the                     The Coast Guard respects the First
                                                                                                      various levels of government. We have                  Amendment rights of protesters.
                                              B. Impact on Small Entities                                                                                    Protesters are asked to contact the
                                                                                                      analyzed this rule under that Order and
                                                 The Regulatory Flexibility Act of                    have determined that it is consistent                  person listed in the FOR FURTHER
                                              1980, 5 U.S.C. 601–612, as amended,                     with the fundamental federalism                        INFORMATION CONTACT section to
                                              requires Federal agencies to consider                   principles and preemption requirements                 coordinate protest activities so that your
                                              the potential impact of regulations on                  described in Executive Order 13132.                    message can be received without
                                              small entities during rulemaking. The                      Also, this rule does not have tribal                jeopardizing the safety or security of
                                              term ‘‘small entities’’ comprises small                 implications under Executive Order                     people, places or vessels.
                                              businesses, not-for-profit organizations                13175, Consultation and Coordination
                                              that are independently owned and                                                                               List of Subjects in 33 CFR Part 165
                                                                                                      with Indian Tribal Governments,
                                              operated and are not dominant in their                                                                           Harbors, Marine safety, Navigation
                                                                                                      because it does not have a substantial
                                              fields, and governmental jurisdictions                                                                         (water), Reporting and record keeping
                                                                                                      direct effect on one or more Indian
                                              with populations of less than 50,000.                                                                          requirements, Security measures,
                                                                                                      tribes, on the relationship between the
                                              The Coast Guard certifies under 5 U.S.C.                                                                       Waterways.
                                                                                                      Federal Government and Indian tribes,
                                              605(b) that this rule will not have a                   or on the distribution of power and                      For the reasons discussed in the
                                              significant economic impact on a                        responsibilities between the Federal                   preamble, the Coast Guard amends 33
                                              substantial number of small entities.                   Government and Indian tribes. If you                   CFR part 165 as follows:
                                                 While some owners or operators of
                                                                                                      believe this rule has implications for
                                              vessels intending to transit these                                                                             PART 165—REGULATED NAVIGATION
                                                                                                      federalism or Indian tribes, please
                                              regulated areas may be small entities,                                                                         AREAS AND LIMITED ACCESS AREAS
                                                                                                      contact the person listed in the FOR
                                              for the reasons stated in section V.A
                                                                                                      FURTHER INFORMATION CONTACT section                    ■ 1. The authority citation for part 165
                                              above, this rule will not have a
                                                                                                      above.                                                 continues to read as follows:
                                              significant economic impact on any
                                              vessel owner or operator. Under section                 E. Unfunded Mandates Reform Act                          Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              213(a) of the Small Business Regulatory                                                                        33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                        The Unfunded Mandates Reform Act                     and Department of Homeland Security
                                              Enforcement Fairness Act of 1996 (Pub.
                                                                                                      of 1995 (2 U.S.C. 1531–1538) requires                  Delegation No. 0170.1
                                              L. 104–121), we want to assist small
                                                                                                      Federal agencies to assess the effects of
                                              entities in understanding this rule. If the                                                                    ■ 2. Add § 100.T01–0473 to read as
                                                                                                      their discretionary regulatory actions. In
                                              rule would affect your small business,                                                                         follows:
                                                                                                      particular, the Act addresses actions
                                              organization, or governmental
                                                                                                      that may result in the expenditure by a                § 165.T01–0473 Safety Zones; Marine
                                              jurisdiction and you have questions
                                                                                                      State, local, or tribal government, in the             Events held in the Sector Long Island
                                              concerning its provisions or options for
                                                                                                      aggregate, or by the private sector of                 Sound Captain of the Port Zone.
                                              compliance, please contact the person
                                                                                                      $100,000,000 (adjusted for inflation) or                  (a) Location. This section will be
                                              listed in the FOR FURTHER INFORMATION
                                                                                                      more in any one year. Though this rule                 enforced at the locations listed for each
                                              CONTACT.
                                                 Small businesses may send comments                   will not result in such an expenditure,                event in Table 1 to § 165.T01–0473.
                                              on the actions of Federal employees                     we do discuss the effects of this rule                    (b) Enforcement period. This rule will
                                              who enforce, or otherwise determine                     elsewhere in this preamble.                            be enforced on the dates and times
                                              compliance with, Federal regulations to                 F. Environment                                         listed for each event in Table 1 to
                                              the Small Business and Agriculture                                                                             § 165.T01–0473.
                                              Regulatory Enforcement Ombudsman                          We have analyzed this rule under                        (c) Definitions. The following
                                              and the Regional Small Business                         Department of Homeland Security                        definitions apply to this section: A
                                              Regulatory Fairness Boards. The                         Management Directive 023–01 and                        ‘‘designated representative’’ is any Coast
                                              Ombudsman evaluates these actions                       Commandant Instruction M16475.lD,                      Guard commissioned, warrant or petty
                                              annually and rates each agency’s                        which guide the Coast Guard in                         officer of the U.S. Coast Guard who has
                                              responsiveness to small business. If you                complying with the National                            been designated by the COTP, Sector
                                              wish to comment on actions by                           Environmental Policy Act of 1969(42                    Long Island Sound, to act on his or her
                                              employees of the Coast Guard, call 1–                   U.S.C. 4321–4370f), and have                           behalf. The designated representative
                                              888–REG–FAIR (1–888–734–3247). The                      determined that this action is one of a                may be on an official patrol vessel or
                                              Coast Guard will not retaliate against                  category of actions that do not                        may be on shore and will communicate
                                              small entities that question or complain                individually or cumulatively have a                    with vessels via VHF–FM radio or
                                              about this proposed rule or any policy                  significant effect on the human                        loudhailer. ‘‘Official patrol vessels’’ may
                                              or action of the Coast Guard.                           environment. This temporary rule                       consist of any Coast Guard, Coast Guard
                                                                                                      involves the establishment of four                     Auxiliary, state, or local law
                                              C. Collection of Information                            temporary safety zones. It is                          enforcement vessels assigned or
                                                This rule will not call for a new                     categorically excluded from further                    approved by the COTP Sector Long
                                              collection of information under the                     review under paragraph 34(g) of Figure                 Island Sound. In addition, members of
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                                              Paperwork Reduction Act of 1995 (44                     2–1 of the Commandant Instruction. An                  the Coast Guard Auxiliary may be
                                              U.S.C. 3501–3520).                                      environmental analysis checklist                       present to inform vessel operators of
                                                                                                      supporting this determination and a                    this regulation.
                                              D. Federalism and Indian Tribal                         Categorical Exclusion Determination                       (d) Regulations. (1) The general
                                              Governments                                             will be available in the docket where                  regulations contained in § 165.23 apply.
                                                A rule has implications for federalism                indicated under ADDRESSES. We seek                        (2) In accordance with the general
                                              under Executive Orders 13132,                           any comments or information that may                   regulations in § 165.23, entry into or


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                                              42510                 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations

                                              movement within these zones are                               Sound, or the designated on-scene                        Sound, or the designated on-scene
                                              prohibited unless authorized by the                           representative.                                          representative.
                                              COTP, Long Island Sound.                                        (4) Any vessel given permission to                        (5) Upon being hailed by a U.S. Coast
                                                (3) Any vessel given permission to
                                                                                                            enter or operate in these safety zones                   Guard vessel by siren, radio, flashing
                                              deviate from these regulations must
                                                                                                            must comply with all directions given to                 light or other means, the operator of the
                                              comply with all directions given to
                                              them by the COTP Sector Long Island                           them by the COTP Sector Long Island                      vessel shall proceed as directed.

                                                                                                                   TABLE 1 TO § 165.T01–0473

                                                                                                                             Fireworks Events

                                              1.    Boys & Girls of Bellport-Beach Ball 2016 ..........................................    •   Date: June 18, 2016
                                                                                                                                           •   Rain Date: June 19, 2016
                                                                                                                                           •   Time: 8:30 p.m. to 10:00 p.m.
                                                                                                                                           •   Location: All navigable waters of Patchogue Bay, Bellport, NY within
                                                                                                                                               600 feet of the fireworks barge in approximate position 40°44′39.19″
                                                                                                                                               N, 072°56′27.72″ W (NAD 83).
                                              2.    Arts Project Cherry Grove Fireworks Display ....................................       •   Date: June 18, 2016
                                                                                                                                           •   Rain Date: June 19, 2016
                                                                                                                                           •   Time: 8:50 p.m. to 10:00 p.m.
                                                                                                                                           •   Location: All navigable waters of Great South Bay off Cherry Grove,
                                                                                                                                               Fire Island, NY within 600 feet of the fireworks barge in approximate
                                                                                                                                               position 40°39′49.06″ N, 073°05′27.99″ W (NAD 83).
                                              3.    The Salute to Veterans Fireworks Display ........................................      •   Date: June 25, 2016
                                                                                                                                           •   Rain Date: June 26, 2016
                                                                                                                                           •   Time: 9:00 p.m. to 10:30 p.m.
                                                                                                                                           •   Location: All navigable waters of Reynolds Channel off Hempstead,
                                                                                                                                               NY within 420 feet of the land launch in approximate position
                                                                                                                                               40°35′36.62″ N, 073°35′20.72″ W (NAD 83).
                                              4.    Freeport Chamber of Commerce .......................................................   •   Date: June 30, 2016
                                                                                                                                           •   Rain Date: July 7, 2016
                                                                                                                                           •   Time: 7:45 p.m. to 10:00 p.m.
                                                                                                                                           •   Location: All navigable waters of Freeport Harbor, Freeport, NY with-
                                                                                                                                               in 300 feet of the fireworks barge located in approximate position
                                                                                                                                               40°37′27.27″ N, 073°34′34.64″ W (NAD 83).



                                                Dated: June 15, 2016.                                       ACTION: Notice of enforcement of                         DATES: The regulations in 33 CFR
                                              E.J. Cubanski, III,                                           regulation.                                              165.118 will be enforced for the safety
                                              Captain, U.S. Coast Guard, Captain of the                                                                              zones identified in the SUPPLEMENTARY
                                              Port Sector Long Island Sound.                                SUMMARY:   The Coast Guard will enforce                  INFORMATION section below for the dates
                                              [FR Doc. 2016–15601 Filed 6–29–16; 8:45 am]                   safety zones in the Captain of the Port                  and times specified.
                                                                                                            Boston Zone on the specified dates and
                                              BILLING CODE 9110–04–P
                                                                                                            times listed below. This action is                       FOR FURTHER INFORMATION CONTACT:   If
                                                                                                            necessary to ensure the protection of the                you have questions about this notice of
                                                                                                            maritime public and event participants                   enforcement, call or email Mr. Mark
                                              DEPARTMENT OF HOMELAND                                                                                                 Cutter, Coast Guard Sector Boston
                                              SECURITY                                                      from the hazards associated with these
                                                                                                            annual recurring events. Under the                       Waterways Management Division,
                                              Coast Guard                                                   provisions of our regulations, no person                 telephone 617–223–4000, email
                                                                                                            or vessel, except for the safety vessels                 Mark.E.Cutter@uscg.mil.
                                              33 CFR Part 165                                               assisting with the event may enter the                   SUPPLEMENTARY INFORMATION:    The Coast
                                                                                                            safety zones unless given permission                     Guard will enforce the safety zones
                                              [Docket No. USCG–2016–0526]                                   from the COTP or the designated on-                      listed in 33 CFR 165.118 on the
                                              Safety Zones; Recurring Events in                             scene representative. The Coast Guard                    specified dates and times as indicated in
                                              Captain of the Port Boston Zone                               may be assisted by other Federal, State,                 Table 1 below. This regulation was
                                                                                                            or local law enforcement agencies in                     published in the Federal Register on
                                              AGENCY:      Coast Guard, DHS.                                enforcing this regulation.                               November 8, 2013 (78 FR 67028).

                                                                                                                                   TABLE 1

                                              7.1    City of Lynn 4th of July Celebration Fireworks ...............................        •   Event Type: Firework Display.
                                                                                                                                           •   Sponsor: City of Lynn.
                                                                                                                                           •   Date: July 3, 2016.
                                                                                                                                           •
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                                                                                                                                               Time: 7:00 p.m. to 10:00 p.m.
                                                                                                                                           •   Location: All waters of Nahant Bay, within a 350-yard radius of the
                                                                                                                                               fireworks barge located at position 42°27.51′ N., 070°55.52′ W. (NAD
                                                                                                                                               83).
                                              7.2    Gloucester July 4th Celebration Fireworks ......................................      •   Event Type: Fireworks Display.
                                                                                                                                           •   Sponsor: The Gloucester Fund.
                                                                                                                                           •   Date: July 3, 2016.
                                                                                                                                           •   Time: 8:00 p.m. to 11:00 p.m.



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Document Created: 2018-02-08 07:45:30
Document Modified: 2018-02-08 07:45:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from June 30, 2016 through July 7, 2016. For the purposes of enforcement, actual notice will be used from the date the rule was signed, June 15, 2016, through June 30, 2016.
ContactIf you have questions on this rule, contact Petty Officer Jay TerVeen, Prevention Department, Coast Guard Sector Long Island Sound, telephone (203) 468-4446, email [email protected]
FR Citation81 FR 42507 
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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