82 FR 31260 - 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 | 31260-31263 | |
| FR Document | 2017-14188 |
[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)] [Rules and Regulations] [Pages 31260-31263] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14188] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0243] 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 seven 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 regulated areas is prohibited unless authorized by COTP LIS. DATES: This rule is effective without actual notice from July 6, 2017 through July 7, 2017. For the purposes of enforcement, actual notice will be used from, June 22, 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- 2017-0243 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 rulemaking establishes seven safety zones for fireworks displays. Each event and its corresponding regulatory history are discussed below. Crescent Beach Club Fireworks is a first time marine event with no regulatory history. The City of Stamford Fireworks is a recurring marine event with regulatory history and is cited in 33 CFR 165.151(7.12). This event has been included in this rule due to deviation from the cite date. The City of Norwich July Fireworks, now called the American Ambulance Services Fireworks, is a recurring marine event with regulatory history and is cited in 33 CFR 165.151(7.11). This event has been included in this rule due to deviation from the cite date. The City of Middletown Fireworks is a recurring marine event with regulatory history and is cited in 33 CFR 165.151(7.9). This event has been included in this rule due to deviation from the cite date and position. Greenwich Parks and Recreation Fireworks is a first time marine event with no regulatory history. The Mason's Island Yacht Club Fireworks is a recurring marine event with regulatory history and is cited in 33 CFR 165.151(7.21). This event has been included in this rule due to deviation from the cite date. The Madison Fireworks is a recurring marine event with regulatory history and is cited in 33 CFR 165.151(7.38). 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 an 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 June 22, 2017. Further, 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 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 seven safety zones for seven fireworks displays. The location of these safety zones are as follows: [[Page 31261]] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Fireworks Events ------------------------------------------------------------------------ 1. Crescent Beach Club Fireworks....... Location: All navigable waters of Long Island Sound, Bayville, NY within 800 feet of the fireworks barge in approximate position 40[deg]54'43'' N., 073[deg]32'43'' W. (NAD 83). 2. City of Stamford Fireworks.......... Location: All navigable waters of Westcott Cove, Stamford, CT within 1000 feet of the fireworks barge located in approximate position 41[deg]02'09.56'' N., 073[deg]30'57.76'' W. (NAD 83). 3. American Ambulance Services Location: All navigable waters Fireworks. of the Thames River, Norwich, CT, within 1000 feet of the fireworks barge in approximate position 41[deg]31'15.93'' N., 072[deg]04'42.96'' W. (NAD 83). 4. City of Middletown Fireworks........ Location: All waters of Connecticut River, Middletown, CT within 1000 feet of the fireworks barge in approximate position 41[deg]33'43'' N., 072[deg]38'32'' W. (NAD 83). 5. Town of Greenwich Parks and Location: All waters of Recreation Fireworks. Greenwich Harbor, Greenwich, CT within 560 feet of the land launch site in approximate position 41[deg]00'8.64'' N., 073[deg]34'16.26'' W. (NAD 83). 6. Mason's Island Yacht Club Fireworks. Location: All waters of the Long Island Sound, Mason's Island, CT within 1000 feet of the fireworks barge in approximate position 41[deg]19'30.61'' N., 071[deg]57'48.22'' W. (NAD 83). 7. Madison Fireworks................... Location: All navigable waters of the Long Island Sound, Madison, CT within 1000 feet of the of the barge launch site located in approximate position 41[deg]16'03.93'' N., 072[deg]36'15.97'' 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 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 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 Long Island Sound 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 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 various levels of government. We have analyzed this rule under that Order and have determined that it is consistent [[Page 31262]] 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 seven temporary safety zones. It is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record of Environmental Consideration (REC) 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 7, 2017, remove items 7.9, 7.11, 7.12, 7.21, 7.38 from Table 1 to Sec. 165.151. 0 3. Add Sec. 100.T01-0243 to read as follows: Sec. 165.T01-0243 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.T01-0243. (b) Enforcement periods. This section will be enforced on the dates and times listed for each event in Table 1 to Sec. 165.T01-0243. (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 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 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 33 CFR 165.23 apply. (2) In accordance with the general regulations in 33 CFR 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 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 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.T01-0534 ------------------------------------------------------------------------ ------------------------------------------------------------------------ Fireworks Events ------------------------------------------------------------------------ 1. Crescent Beach Club Fireworks.......Date: June 22, 2017. Time: 9:00 p.m. to 10:15 p.m. Location: All navigable waters of Long Island Sound, Bayville, NY within 800 feet of the fireworks barge in approximate position 40[deg]54'43'' N., 073[deg]32'43'' W. (NAD 83). 2. City of Stamford Fireworks.......... Date: June 30, 2017. Rain Date: July 1, 2017. Time: 8:00 p.m. to 10:00 p.m. Location: All navigable waters of Westcott Cove, Stamford, CT within 1000 feet of the fireworks barge located in approximate position 41[deg]02'09.56'' N., 073[deg]30'57.76'' W. (NAD 83). 3. American Ambulance Services Date: June 30, 2017. Fireworks. [[Page 31263]] Rain Date: July 1, 2017. Time: 9:00 p.m. to 10:30 p.m. Location: All navigable waters of the Thames River, Norwich, CT, within 1000 feet of the fireworks barge in approximate position 41[deg]31'15.93'' N., 072[deg]04'42.96'' W. (NAD 83). 4. City of Middletown Fireworks........ Date: July 1, 2017. Rain Date: July 2, 2017. Time: 8:30 p.m. to 10:30 p.m. Location: All waters of Connecticut River, Middletown, CT within 1000 feet of the fireworks barge in approximate position 41[deg]33'43'' N., 072[deg]38'32'' W. (NAD 83). 5. Town of Greenwich Parks and Date: July 1, 2017. Recreation Fireworks. Rain Date: July 2, 2017. Time: 8:45 p.m. to 10:00 p.m. Location: All waters of Greenwich Harbor, Greenwich, CT within 560 feet of the land launch site in approximate position 41[deg]00'8.64'' N., 073[deg]34'16.26'' W. (NAD 83). 6. Mason's Island Yacht Club Fireworks. Date: July 2, 2017. Time: 8:30 p.m. to 10:30 p.m. Location: All waters of the Long Island Sound, Mason's Island, CT within 1000 feet of the fireworks barge in approximate position 41[deg]19'30.61'' N., 071[deg]57'48.22'' W. (NAD 83). 7. Madison Fireworks................... Date: July 3, 2017. Rain Date: July 7, 2017. Time: 8:30 p.m. to 10:30 p.m. Location: All navigable waters of the Long Island Sound, Madison, CT within 1000 feet of the of the barge launch site located in approximate position 41[deg]16'03.93'' N., 072[deg]36'15.97'' 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. 2017-14188 Filed 7-5-17; 8:45 am] BILLING CODE 9110-04-P
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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:
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![31262 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations
with the fundamental federalism 2–1 of the Commandant Instruction. A (b) Enforcement periods. This section
principles and preemption requirements Record of Environmental Consideration will be enforced on the dates and times
described in Executive Order 13132. (REC) for Categorically Excluded listed for each event in Table 1 to
Also, this rule does not have tribal Actions will be available in the docket § 165.T01–0243.
implications under Executive Order where indicated under ADDRESSES. We
13175, Consultation and Coordination (c) Definitions. The following
seek any comments or information that
with Indian Tribal Governments, definitions apply to this section: A
may lead to the discovery of a
because it does not have a substantial ‘‘designated representative’’ is any Coast
significant environmental impact from
direct effect on one or more Indian this rule. Guard commissioned, warrant, or petty
tribes, on the relationship between the officer of the U.S. Coast Guard who has
Federal Government and Indian tribes, G. Protest Activities been designated by the COTP Long
or on the distribution of power and The Coast Guard respects the First Island Sound to act on his or her behalf.
responsibilities between the Federal Amendment rights of protesters. The designated representative may be
Government and Indian tribes. If you Protesters are asked to contact the on an official patrol vessel or may be on
believe this rule has implications for person listed in the FOR FURTHER shore and will communicate with
federalism or Indian tribes, please INFORMATION CONTACT section to vessels via VHF–FM radio or loudhailer.
contact the person listed in the FOR coordinate protest activities so that your ‘‘Official patrol vessels’’ may consist of
FURTHER INFORMATION CONTACT section message can be received without any Coast Guard, Coast Guard Auxiliary,
above. jeopardizing the safety or security of state, or local law enforcement vessels
E. Unfunded Mandates Reform Act people, places or vessels. assigned or approved by the COTP Long
List of Subjects in 33 CFR part 165 Island Sound. In addition, members of
The Unfunded Mandates Reform Act
the Coast Guard Auxiliary may be
of 1995 (2 U.S.C. 1531–1538) requires Harbors, Marine safety, Navigation
Federal agencies to assess the effects of present to inform vessel operators of
(water), Reporting and record keeping this regulation.
their discretionary regulatory actions. In requirements, Security measures,
particular, the Act addresses actions Waterways. (d) Regulations. (1) The general
that may result in the expenditure by a For the reasons discussed in the regulations contained in 33 CFR 165.23
State, local, or tribal government, in the preamble, the Coast Guard amends 33 apply.
aggregate, or by the private sector of CFR part 165 as follows: (2) In accordance with the general
$100,000,000 (adjusted for inflation) or regulations in 33 CFR 165.23, entry into
more in any one year. Though this rule PART 165—REGULATED NAVIGATION or movement within these zones are
will not result in such an expenditure, AREAS AND LIMITED ACCESS AREAS
we do discuss the effects of this rule prohibited unless authorized by the
elsewhere in this preamble. ■ 1. The authority citation for part 165 COTP Long Island Sound.
continues to read as follows: (3) Any vessel given permission to
F. Environment
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; deviate from these regulations must
We have analyzed this rule under 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; comply with all directions given to
Department of Homeland Security and Department of Homeland Security them by the COTP Long Island Sound,
Management Directive 023–01 and Delegation No. 0170.1. or the designated on-scene
Commandant Instruction M16475.lD, representative.
which guide the Coast Guard in § 165.151 [Amended]
complying with the National (4) Any vessel given permission to
■ 2. From July 6, 2017 through July 7,
Environmental Policy Act of 1969 (42 enter or operate in these safety zones
2017, remove items 7.9, 7.11, 7.12, 7.21,
U.S.C. 4321–4370f), and have 7.38 from Table 1 to § 165.151. must comply with all directions given to
determined that this action is one of a them by the COTP Long Island Sound,
■ 3. Add § 100.T01–0243 to read as
category of actions that do not or the designated on-scene
follows:
individually or cumulatively have a representative.
significant effect on the human § 165.T01–0243 Safety Zones; Marine (5) Upon being hailed by a U.S. Coast
environment. This temporary rule Events held in the Captain of the Port Long Guard vessel by siren, radio, flashing
involves the establishment of seven Island Sound Zone
light or other means, the operator of the
temporary safety zones. It is (a) Location. This section will be vessel shall proceed as directed.
categorically excluded from further enforced at the locations listed for each
review under paragraph 34(g) of Figure event in Table 1 to § 165.T01–0243.
TABLE 1 TO § 165.T01–0534
Fireworks Events
1. Crescent Beach Club Fireworks ........................................................ • Date: June 22, 2017.
• Time: 9:00 p.m. to 10:15 p.m.
• Location: All navigable waters of Long Island Sound, Bayville, NY
within 800 feet of the fireworks barge in approximate position
40°54′43″ N., 073°32′43″ W. (NAD 83).
jstallworth on DSK7TPTVN1PROD with RULES
2. City of Stamford Fireworks ................................................................ • Date: June 30, 2017.
• Rain Date: July 1, 2017.
• Time: 8:00 p.m. to 10:00 p.m.
• Location: All navigable waters of Westcott Cove, Stamford, CT within
1000 feet of the fireworks barge located in approximate position
41°02′09.56″ N., 073°30′57.76″ W. (NAD 83).
3. American Ambulance Services Fireworks ......................................... • Date: June 30, 2017.
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TABLE 1 TO § 165.T01–0534—Continued
• Rain Date: July 1, 2017.
• Time: 9:00 p.m. to 10:30 p.m.
• Location: All navigable waters of the Thames River, Norwich, CT,
within 1000 feet of the fireworks barge in approximate position
41°31′15.93″ N., 072°04′42.96″ W. (NAD 83).
4. City of Middletown Fireworks ............................................................. • Date: July 1, 2017.
• Rain Date: July 2, 2017.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: All waters of Connecticut River, Middletown, CT within
1000 feet of the fireworks barge in approximate position 41°33′43″
N., 072°38′32″ W. (NAD 83).
5. Town of Greenwich Parks and Recreation Fireworks ....................... • Date: July 1, 2017.
• Rain Date: July 2, 2017.
• Time: 8:45 p.m. to 10:00 p.m.
• Location: All waters of Greenwich Harbor, Greenwich, CT within 560
feet of the land launch site in approximate position 41°00′8.64″ N.,
073°34′16.26″ W. (NAD 83).
6. Mason’s Island Yacht Club Fireworks ............................................... • Date: July 2, 2017.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: All waters of the Long Island Sound, Mason’s Island, CT
within 1000 feet of the fireworks barge in approximate position
41°19′30.61″ N., 071°57′48.22″ W. (NAD 83).
7. Madison Fireworks ............................................................................. • Date: July 3, 2017.
• Rain Date: July 7, 2017.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: All navigable waters of the Long Island Sound, Madison,
CT within 1000 feet of the of the barge launch site located in approx-
imate position 41°16′03.93″ N., 072°36′15.97″ W. (NAD 83).
Dated: June 15, 2017. final deletion is being published by EPA US Environmental Protection Agency at
A.E. Tucci, with the concurrence of the State of EPA—Region 1, 5 Post Office Square,
Captain, U.S. Coast Guard, Captain of the Massachusetts, through the Suite 100, Boston, MA 02109–3912,
Port Sector Long Island Sound. Massachusetts Department of telephone: 617–918–1026, email:
[FR Doc. 2017–14188 Filed 7–5–17; 8:45 am] Environmental Protection (MassDEP), White.Sarah@epa.gov. Once submitted,
BILLING CODE 9110–04–P because EPA has determined that all comments cannot be edited or removed
appropriate response actions under from Regulations.gov. The EPA may
CERCLA, other than operation, publish any comment received to its
ENVIRONMENTAL PROTECTION maintenance, monitoring, and five-year public docket. Do not submit
AGENCY reviews, have been completed. electronically any information you
However, this deletion does not consider to be Confidential Business
40 CFR Part 300 preclude future actions under Information (CBI) or other information
Superfund. whose disclosure is restricted by statute.
[EPA–HQ–SFUND–1986–0005; FRL 9964– Multimedia submissions (audio, video,
03-Region 1] DATES: This direct final deletion is etc.) must be accompanied by a written
effective September 5, 2017 unless EPA comment. The written comment is
National Oil and Hazardous receives adverse comments by August 7,
Substances Pollution Contingency considered the official comment and
2017. If adverse comments are received, should include discussion of all points
Plan; National Priorities List: Deletion EPA will publish a timely withdrawal of
of the Shpack Landfill Superfund Site you wish to make. The EPA will
the direct final deletion in the Federal generally not consider comments or
AGENCY: Environmental Protection Register informing the public that the comment contents located outside of the
Agency (EPA). deletion will not take effect. primary submission (i.e. on the web,
ACTION: Direct final rule. ADDRESSES: Submit your comments, cloud, or other file sharing system). For
identified by Docket ID No. EPA–HQ– additional submission methods, the full
SUMMARY: The Environmental Protection SFUND–1986–0005 at http:// EPA public comment policy,
Agency (EPA) Region 1 is publishing a www.regulations.gov. Follow the online information about CBI or multimedia
direct final Notice of Deletion of the instructions for submitting comments. submissions, and general guidance on
Shpack Landfill Superfund Site (Site), Comments may also be submitted by making effective comments, please visit
located on Union Rd. and Peckham email or mail to Elaine Stanley, https://www2.epa.gov/dockets/
Streets in Norton and Attleboro, Remedial Project Manager, Office of Site commenting-epa-dockets. Publicly
Massachusetts, from the National Remediation and Restoration, Mail available docket materials are available
Priorities List (NPL). The NPL, Code: OSRR07–4, U.S. Environmental either electronically through http://
jstallworth on DSK7TPTVN1PROD with RULES
promulgated pursuant to section 105 of Protection Agency, Region 1, 5 Post www.regulations.gov or in hard copy at
the Comprehensive Environmental Office Square, Suite 100, Boston, MA the site information repositories.
Response, Compensation, and Liability 02109–3912, email address: Locations, contacts, phone numbers
Act (CERCLA) of 1980, as amended, is Stanley.ElaineT@epa.gov or Sarah and viewing hours are:
an appendix of the National Oil and White, Community Involvement • U.S. EPA Region I, Superfund
Hazardous Substances Pollution Coordinator, Office of the Regional Records Center, 5 Post Office Square,
Contingency Plan (NCP). This direct Administrator, Mail Code: ORA01–1, Suite 100, Boston, MA 02109, Phone:
VerDate Sep<11>2014 14:53 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1](https://thefederalregister.org/doc/82_FR_31388/page/4.svg)
Document Created: 2017-07-06 01:05:10
Document Modified: 2017-07-06 01:05:10
| 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 7, 2017. For the purposes of enforcement, actual notice will be used from, June 22, 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 31260 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways |
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