82 FR 31257 - Safety Zones; Marine Events Held in the Captain of the Port Long Island Sound Zone
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 128 (July 6, 2017)
Coast Guard
Federal Register Volume 82, Issue 128 (July 6, 2017)
| Page Range | 31257-31260 | |
| FR Document | 2017-14189 |
[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)] [Rules and Regulations] [Pages 31257-31260] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14189] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0440] RIN 165-AA00 Safety Zones; Marine Events Held in the Captain of the Port Long Island Sound Zone AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing three temporary safety zones for fireworks displays within the Captain of the Port (COTP) Long Island Sound (LIS) Zone. This 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 limited access areas is prohibited unless authorized by the COTP LIS. DATES: This rule is effective without actual notice from July 6, 2017 through July 8, 2017. For the purposes of enforcement, actual notice will be used from July 3, 2017, through July 6, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2017-0440 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 Amber Arnold, Prevention Department, Coast Guard Sector Long Island Sound, telephone (203) 468-4583, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register LIS Long Island Sound NPRM Notice of Proposed Rulemaking NAD 83 North American Datum 1983 II. Background Information and Regulatory History This rule establishes three safety zones for fireworks displays. Each event and its corresponding regulatory history are discussed below. City of West Haven Fireworks is a recurring marine event with regulatory history and is cited in 33 CFR 165.151(7.13). This event has been included in this rule due to deviation from the cite date. Village of Asharoken Fireworks is a recurring marine event with regulatory history and is cited in 33 CFR 165.151(7.24). This event has been included in this rule due to deviation from the cite position. Riverfest Fireworks is a recurring marine event with regulatory history and is cited in 33 CFR 165.151(7.23). This event has been included in this rule due to deviation from the cite date. The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a [[Page 31258]] NPRM with respect to this rule because doing so would be impracticable and contrary to the public interest. The event sponsors were late in submitting 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. It is impracticable to publish an NPRM because we must establish these safety zones by July 3, 2017. Thus, waiting for a comment period to run is also contrary to the public interest as it would inhibit the Coast Guard's mission to keep the ports and waterways safe. Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the preceding paragraph, the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. III. Legal Authority and Need for Rule The Coast Guard is issuing this temporary rule under authority in 33 U.S.C. 1231. The COTP LIS has determined that the safety zones established by this temporary final rule are necessary to provide for the safety of life on navigable waterways before, during and after these scheduled events. IV. Discussion of the Rule This rule establishes three safety zones for three fireworks displays. The location of these safety zones are as follows: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Fireworks Displays Safety Zones ------------------------------------------------------------------------ 1. City of West Haven Fireworks........ Location: Waters of New Haven Harbor, off Bradley Point, West Haven, CT in approximate position 41[deg]15'07'' N., 072[deg]57'26'' W. (NAD 83). 2. Village of Asharoken Fireworks...... Location: Waters of Northport Bay, Asharoken, NY in approximate position, 40[deg]55'54.04'' N., 073[deg]21'27.97'' W. (NAD 83). 3. Riverfest Fireworks................. Location: Waters of the Connecticut River, Hartford, CT in approximate positions, 41[deg]45'39.93'' N., 072[deg]39'49.14'' W. (NAD 83). ------------------------------------------------------------------------ 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 orders and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 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 Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. The Coast Guard determined that this rule 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 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 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 [[Page 31259]] 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 three temporary safety zones. It is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A Record of Environmental Consideration for Categorically Excluded Actions 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. Sec. 165.151 [Amended] 0 2. From July 6, 2017 through July 8, 2017, remove items 7.13, 7.23, and 7.24 from Table 1 to Sec. 165.151. 0 3. Add Sec. 165.T01-0440 to read as follows: Sec. 165.T01-0440 Safety Zones; Marine Events held in the Captain of the Port Long Island Sound Zone. (a) Location. This section will be enforced at the locations listed for each event in Table 1 to Sec. 165.T01-0440. (b) Enforcement periods. This section will be enforced on the dates and times listed for each event in Table 1 to Sec. 165.T01-0440. (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 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. (6) The regulated area for all fireworks displays listed in Table 1 to Sec. 165.T01-0440 is that area of navigable waters within a 1000 foot radius of the launch platform or launch site for each fireworks display. Table 1 to Sec. 165.T01-0440 ------------------------------------------------------------------------ ------------------------------------------------------------------------ Fireworks Events ------------------------------------------------------------------------ 1. City of West Haven Fireworks........Date: July 3, 2017. Rain Date: July 5, 2017. Time: 8:30 p.m. to 10:30 p.m. Location: Waters of New Haven Harbor, off Bradley Point, West Haven, CT in approximate position 41[deg]15'07'' N., 072[deg]57'26'' W. (NAD 83). [[Page 31260]] 2. Village of Asharoken Fireworks...... Date: July 4, 2017. Rain Date: July 5, 2017. Time: 8:30 p.m. to 10:30 p.m. Location: Waters of Northport Bay, Asharoken, NY in approximate position, 40[deg]55'54.04'' N., 073[deg]21'27.97'' W. (NAD 83). 3. Riverfest Fireworks................. Date: July 8, 2017. Rain Date: July 9, 2017. Time: 8:30 p.m. to 10:30 p.m. Location: Waters of the Connecticut River, Hartford, CT in approximate positions, 41[deg]45'39.93'' N., 072[deg]39'49.14'' W. (NAD 83). ------------------------------------------------------------------------ Dated: June 15, 2017. A.E. Tucci, Captain, U.S. Coast Guard, Captain of the Port Sector Long Island Sound. [FR Doc. 2017-14189 Filed 7-5-17; 8:45 am] BILLING CODE 9110-04-P
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we do discuss the effects of this rule (b) Enforcement period. This rule will mooring or anchoring within these
elsewhere in this preamble. be enforced from 9:15 p.m. until 10:45 limited access areas is prohibited unless
p.m. on July 27, 2017, or in the event authorized by the COTP LIS.
F. Environment
of inclement weather, on July 28, 2017, DATES: This rule is effective without
We have analyzed this rule under from 9:15 p.m. until 10:45 p.m. actual notice from July 6, 2017 through
Department of Homeland Security (c) Regulations. (1) In accordance with July 8, 2017. For the purposes of
Management Directive 023–01 and the general regulations in § 165.23 of enforcement, actual notice will be used
Commandant Instruction M16475.lD, this part, entry into, transiting, or from July 3, 2017, through July 6, 2017.
which guide the Coast Guard in anchoring within this safety zone is ADDRESSES: To view documents
complying with the National prohibited unless authorized by the mentioned in this preamble as being
Environmental Policy Act of 1969 (42 Captain of the Port Buffalo or his available in the docket, go to http://
U.S.C. 4321–4370f), and have designated on-scene representative. www.regulations.gov, type USCG–2017–
determined that it is one of a category (2) This safety zone is closed to all 0440 in the ‘‘SEARCH’’ box and click
of actions that do not individually or vessel traffic, except as may be ‘‘SEARCH.’’ Click on Open Docket
cumulatively have a significant effect on permitted by the Captain of the Port Folder on the line associated with this
the human environment. This rule Buffalo or his designated on-scene rule.
establishes a safety zone. It is representative. FOR FURTHER INFORMATION CONTACT: If
categorically excluded under section (3) The ‘‘on-scene representative’’ of
you have questions on this rule, contact
2.B.2, figure 2–1, paragraph 34(g) of the the Captain of the Port Buffalo is any
Petty Officer Amber Arnold, Prevention
Instruction, which pertains to Coast Guard commissioned, warrant or
Department, Coast Guard Sector Long
establishment of safety zones. A Record petty officer who has been designated
Island Sound, telephone (203) 468–
of Environmental Consideration (REC) by the Captain of the Port Buffalo to act
4583, email Amber.D.Arnold@uscg.mil.
supporting this determination is on his behalf.
SUPPLEMENTARY INFORMATION:
available in the docket where indicated (4) Vessel operators desiring to enter
in the ADDRESSES section of this or operate within the safety zone must I. Table of Abbreviations
preamble. contact the Captain of the Port Buffalo
COTP Captain of the Port
or his on-scene representative to obtain DHS Department of Homeland Security
G. Protest Activities
permission to do so. The Captain of the FR Federal Register
The Coast Guard respects the First Port Buffalo or his on-scene LIS Long Island Sound
Amendment rights of protesters. representative may be contacted via NPRM Notice of Proposed Rulemaking
Protesters are asked to contact the VHF Channel 16. Vessel operators given NAD 83 North American Datum 1983
person listed in the FOR FURTHER permission to enter or operate in the II. Background Information and
INFORMATION CONTACT section to safety zone must comply with all Regulatory History
coordinate protest activities so that your directions given to them by the Captain
message can be received without of the Port Buffalo, or his on-scene This rule establishes three safety
jeopardizing the safety or security of representative. zones for fireworks displays. Each event
people, places or vessels. and its corresponding regulatory history
Dated: June 26, 2017. are discussed below.
List of Subjects in 33 CFR Part 165 J.S. Dufresne, City of West Haven Fireworks is a
Harbors, Marine safety, Navigation Captain, U.S. Coast Guard, Captain of the recurring marine event with regulatory
(water), Reporting and record keeping Port Buffalo. history and is cited in 33 CFR
requirements, Security measures, [FR Doc. 2017–14150 Filed 7–5–17; 8:45 am] 165.151(7.13). This event has been
Waterways. BILLING CODE 9110–04–P included in this rule due to deviation
For the reasons discussed in the from the cite date.
preamble, the Coast Guard amends 33 Village of Asharoken Fireworks is a
CFR part 165 as follows: DEPARTMENT OF HOMELAND recurring marine event with regulatory
SECURITY history and is cited in 33 CFR
PART 165—REGULATED NAVIGATION 165.151(7.24). This event has been
AREAS AND LIMITED ACCESS AREAS Coast Guard included in this rule due to deviation
from the cite position.
■ 1. The authority citation for part 165 33 CFR Part 165 Riverfest Fireworks is a recurring
continues to read as follows: [Docket Number USCG–2017–0440] marine event with regulatory history
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and is cited in 33 CFR 165.151(7.23).
RIN 165–AA00 This event has been included in this
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation rule due to deviation from the cite date.
Safety Zones; Marine Events Held in The Coast Guard is issuing this
No. 0170.1.
the Captain of the Port Long Island temporary final rule without prior
■ 2. Add § 165.T09–0345 to read as Sound Zone
follows: notice and opportunity to comment
AGENCY: Coast Guard, DHS. pursuant to authority under section 4(a)
§ 165.T09–0345 Safety Zone; Oswego ACTION: Temporary final rule. of the Administrative Procedure Act
Harborfest 2017 Breakwall Fireworks (APA) (5 U.S.C. 553(b)). This provision
Display; Oswego Harbor, Oswego, NY. SUMMARY: The Coast Guard is authorizes an agency to issue a rule
jstallworth on DSK7TPTVN1PROD with RULES
(a) Location. This zone will establishing three temporary safety without prior notice and opportunity to
encompass all waters of the Oswego zones for fireworks displays within the comment when the agency for good
Harbor, Oswego, NY contained within a Captain of the Port (COTP) Long Island cause finds that those procedures are
350-foot radius of the breakwall Sound (LIS) Zone. This temporary final ‘‘impracticable, unnecessary, or contrary
between positions 43°27′54″ N., rule is necessary to provide for the to the public interest.’’ Under 5 U.S.C.
076°31′24″ W. then northeast to safety of life on navigable waters during 553(b)(B), the Coast Guard finds that
43°27′59″ N., 076°31′12″ W. (NAD 83). these events. Entry into, transit through, good cause exists for not publishing a
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various levels of government. We have categorically excluded from further (b) Enforcement periods. This section
analyzed this rule under that Order and review under paragraph 34(g) of Figure will be enforced on the dates and times
have determined that it is consistent 2–1 of Commandant Instruction listed for each event in Table 1 to
with the fundamental federalism M16475.lD. A Record of Environmental § 165.T01–0440.
principles and preemption requirements Consideration for Categorically (c) Definitions. The following
described in Executive Order 13132. Excluded Actions will be available in definitions apply to this section: A
Also, this rule does not have tribal the docket where indicated under ‘‘designated representative’’ is any Coast
implications under Executive Order ADDRESSES. We seek any comments or Guard commissioned, warrant or petty
13175, Consultation and Coordination information that may lead to the officer of the U.S. Coast Guard who has
with Indian Tribal Governments, discovery of a significant environmental been designated by the COTP, Sector
because it does not have a substantial impact from this rule. Long Island Sound, to act on his or her
direct effect on one or more Indian G. Protest Activities behalf. The designated representative
tribes, on the relationship between the may be on an official patrol vessel or
Federal Government and Indian tribes, The Coast Guard respects the First may be on shore and will communicate
or on the distribution of power and Amendment rights of protesters. with vessels via VHF–FM radio or
responsibilities between the Federal Protesters are asked to contact the loudhailer. ‘‘Official patrol vessels’’ may
Government and Indian tribes. If you person listed in the FOR FURTHER consist of any Coast Guard, Coast Guard
believe this rule has implications for INFORMATION CONTACT section to
Auxiliary, state, or local law
federalism or Indian tribes, please coordinate protest activities so that your enforcement vessels assigned or
contact the person listed in the FOR message can be received without approved by the COTP Sector Long
FURTHER INFORMATION CONTACT section jeopardizing the safety or security of Island Sound. In addition, members of
above. people, places or vessels. the Coast Guard Auxiliary may be
E. Unfunded Mandates Reform Act List of Subjects in 33 CFR Part 165 present to inform vessel operators of
Harbors, Marine safety, Navigation this regulation.
The Unfunded Mandates Reform Act (d) Regulations. (1) The general
of 1995 (2 U.S.C. 1531–1538) requires (water), Reporting and record keeping
requirements, Security measures, regulations contained in § 165.23 apply.
Federal agencies to assess the effects of
Waterways. (2) In accordance with the general
their discretionary regulatory actions. In
For the reasons discussed in the regulations in § 165.23, entry into or
particular, the Act addresses actions
preamble, the Coast Guard amends 33 movement within these zones are
that may result in the expenditure by a
CFR part 165 as follows: prohibited unless authorized by the
State, local, or tribal government, in the
COTP, Long Island Sound.
aggregate, or by the private sector of
PART 165—REGULATED NAVIGATION (3) Any vessel given permission to
$100,000,000 (adjusted for inflation) or
AREAS AND LIMITED ACCESS AREAS deviate from these regulations must
more in any one year. Though this rule
will not result in such an expenditure, comply with all directions given to
■ 1. The authority citation for part 165 them by the COTP Sector Long Island
we do discuss the effects of this rule continues to read as follows:
elsewhere in this preamble. Sound, or the designated on-scene
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; representative.
F. Environment 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; (4) Any vessel given permission to
and Department of Homeland Security enter or operate in these safety zones
We have analyzed this rule under Delegation No. 0170.1.
Department of Homeland Security must comply with all directions given to
Management Directive 023–01 and § 165.151 [Amended] them by the COTP Sector Long Island
Commandant Instruction M16475.lD, ■ 2. From July 6, 2017 through July 8, Sound, or the designated on-scene
which guide the Coast Guard in 2017, remove items 7.13, 7.23, and 7.24 representative.
complying with the National from Table 1 to § 165.151. (5) Upon being hailed by a U.S. Coast
Environmental Policy Act of 1969 (42 Guard vessel by siren, radio, flashing
■ 3. Add § 165.T01–0440 to read as
U.S.C. 4321–4370f), and have light or other means, the operator of the
follows: vessel shall proceed as directed.
determined that this action is one of a
category of actions that do not § 165.T01–0440 Safety Zones; Marine (6) The regulated area for all fireworks
individually or cumulatively have a Events held in the Captain of the Port Long displays listed in Table 1 to § 165.T01–
significant effect on the human Island Sound Zone. 0440 is that area of navigable waters
environment. This temporary rule (a) Location. This section will be within a 1000 foot radius of the launch
involves the establishment of three enforced at the locations listed for each platform or launch site for each
temporary safety zones. It is event in Table 1 to § 165.T01–0440. fireworks display.
TABLE 1 TO § 165.T01–0440
Fireworks Events
1. City of West Haven Fireworks ........................................................... • Date: July 3, 2017.
• Rain Date: July 5, 2017.
• Time: 8:30 p.m. to 10:30 p.m.
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• Location: Waters of New Haven Harbor, off Bradley Point, West
Haven, CT in approximate position 41°15′07″ N., 072°57′26″ W.
(NAD 83).
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TABLE 1 TO § 165.T01–0440—Continued
2. Village of Asharoken Fireworks ......................................................... • Date: July 4, 2017.
• Rain Date: July 5, 2017.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of Northport Bay, Asharoken, NY in approximate
position, 40°55′54.04″ N., 073°21′27.97″ W. (NAD 83).
3. Riverfest Fireworks ............................................................................ • Date: July 8, 2017.
• Rain Date: July 9, 2017.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of the Connecticut River, Hartford, CT in approxi-
mate positions, 41°45′39.93″ N., 072°39′49.14″ W. (NAD 83).
Dated: June 15, 2017. Island Sound, telephone (203) 468– The Coast Guard is issuing this
A.E. Tucci, 4583, email Amber.D.Arnold@uscg.mil. temporary final rule without prior
Captain, U.S. Coast Guard, Captain of the SUPPLEMENTARY INFORMATION: notice and opportunity to comment
Port Sector Long Island Sound. pursuant to authority under section 4(a)
[FR Doc. 2017–14189 Filed 7–5–17; 8:45 am]
I. Table of Abbreviations of the Administrative Procedure Act
BILLING CODE 9110–04–P COTP Captain of the Port (APA) (5 U.S.C. 553(b)). This provision
DHS Department of Homeland Security authorizes an agency to issue a rule
FR Federal Register without prior notice and opportunity to
DEPARTMENT OF HOMELAND LIS Long Island Sound comment when the agency for good
SECURITY NPRM Notice of Proposed Rulemaking cause finds that those procedures are
NAD 83 North American Datum 1983
‘‘impracticable, unnecessary, or contrary
Coast Guard II. Background Information and to the public interest.’’ Under 5 U.S.C.
Regulatory History 553(b)(B), the Coast Guard finds that
33 CFR Part 165 good cause exists for not publishing an
This rulemaking establishes seven
[Docket Number USCG–2017–0243] NPRM with respect to this rule because
safety zones for fireworks displays. Each
doing so would be impracticable and
RIN 165–AA00 event and its corresponding regulatory
contrary to the public interest. The
history are discussed below.
event sponsors were late in submitting
Safety Zones; Marine Events Held in Crescent Beach Club Fireworks is a
marine event applications. These late
the Captain of the Port Long Island first time marine event with no
submissions did not give the Coast
Sound Zone regulatory history.
Guard enough time to publish an
The City of Stamford Fireworks is a
AGENCY: Coast Guard, DHS. NPRM, take public comments, and issue
recurring marine event with regulatory
ACTION: Temporary final rule. a final rule before these events take
history and is cited in 33 CFR
place. It is impracticable to publish an
SUMMARY: The Coast Guard is 165.151(7.12). This event has been
NPRM because we must establish these
establishing seven temporary safety included in this rule due to deviation
safety zones by June 22, 2017. Further,
zones for fireworks displays within the from the cite date.
waiting for a comment period to run is
Captain of the Port (COTP) Long Island The City of Norwich July Fireworks,
also contrary to the public interest as it
Sound (LIS) Zone. This temporary final now called the American Ambulance
would inhibit the Coast Guard’s mission
rule is necessary to provide for the Services Fireworks, is a recurring
to keep the ports and waterways safe.
safety of life on navigable waters during marine event with regulatory history
and is cited in 33 CFR 165.151(7.11). Under 5 U.S.C. 553(d)(3), and for the
these events. Entry into, transit through, same reasons stated in the preceding
mooring or anchoring within these This event has been included in this
rule due to deviation from the cite date. paragraph, the Coast Guard finds that
regulated areas is prohibited unless good cause exists for making this rule
authorized by COTP LIS. The City of Middletown Fireworks is
a recurring marine event with regulatory effective less than 30 days after
DATES: This rule is effective without publication in the Federal Register.
history and is cited in 33 CFR
actual notice from July 6, 2017 through
165.151(7.9). This event has been III. Legal Authority and Need for Rule
July 7, 2017. For the purposes of
included in this rule due to deviation
enforcement, actual notice will be used The Coast Guard is issuing this
from the cite date and position.
from, June 22, 2017, through July 6, temporary rule under authority in 33
Greenwich Parks and Recreation
2017. U.S.C. 1231. The COTP Long Island
Fireworks is a first time marine event
ADDRESSES: To view documents with no regulatory history. Sound has determined that the safety
mentioned in this preamble as being The Mason’s Island Yacht Club zones established by this temporary
available in the docket, go to http:// Fireworks is a recurring marine event final rule are necessary to provide for
www.regulations.gov, type USCG–2017– with regulatory history and is cited in the safety of life on navigable waterways
0243 in the ‘‘SEARCH’’ box and click 33 CFR 165.151(7.21). This event has before, during, and after these
‘‘SEARCH.’’ Click on Open Docket been included in this rule due to scheduled events.
Folder on the line associated with this deviation from the cite date.
jstallworth on DSK7TPTVN1PROD with RULES
IV. Discussion of the Rule
rule. The Madison Fireworks is a recurring
FOR FURTHER INFORMATION CONTACT: If marine event with regulatory history This rule establishes seven safety
you have questions on this rule, contact and is cited in 33 CFR 165.151(7.38). zones for seven fireworks displays. The
Petty Officer Amber Arnold, Prevention This event has been included in this location of these safety zones are as
Department, Coast Guard Sector Long rule due to deviation from the cite date. follows:
VerDate Sep<11>2014 14:53 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1](https://thefederalregister.org/doc/82_FR_31385/page/4.svg)
Document Created: 2017-07-06 01:04:49
Document Modified: 2017-07-06 01:04:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective without actual notice from July 6, 2017 through July 8, 2017. For the purposes of enforcement, actual notice will be used from July 3, 2017, through July 6, 2017. | |
| Contact | If you have questions on this rule, contact Petty Officer Amber Arnold, Prevention Department, Coast Guard Sector Long Island Sound, telephone (203) 468-4583, email [email protected] | |
| FR Citation | 82 FR 31257 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways |
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