82_FR_40117 82 FR 39955 - Safety Zone; Marine Event Held in the Captain of the Port Long Island Sound Zone

82 FR 39955 - Safety Zone; Marine Event Held in the Captain of the Port Long Island Sound Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 162 (August 23, 2017)

Page Range39955-39957
FR Document2017-17867

The Coast Guard is establishing a temporary safety zone for a fireworks display 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 the limited access area is prohibited unless authorized by the COTP LIS.

Federal Register, Volume 82 Issue 162 (Wednesday, August 23, 2017)
[Federal Register Volume 82, Number 162 (Wednesday, August 23, 2017)]
[Rules and Regulations]
[Pages 39955-39957]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17867]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0716]
RIN 165-AA00


Safety Zone; Marine Event 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 a temporary safety zone for a 
fireworks display 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 the limited access area is 
prohibited unless authorized by the COTP LIS.

DATES: This rule is effective from 7:30 p.m. to 9:30 p.m. on August 31, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0716 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 a safety zone for the Pvro Engineering 
Inc. fireworks display. The Pyro Engineering Inc. fireworks display is 
a recurring marine event with regulatory history. A safety zone was 
established for this event in 2016 via a temporary final rule

[[Page 39956]]

entitled, ``Safety Zones; Marine Events held in the Sector Long Island 
Sound Captain of the Port Zone.'' This rulemaking was published on 
August 8, 2016 in the Federal Register (81 FR 52335).
    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 NPRM with respect to this rule 
because doing so would be impracticable and contrary to the public 
interest. The event sponsor was late in submitting the scheduling 
details of the event. This late submission did not give the Coast Guard 
enough time to publish an NPRM, take public comments, and issue a final 
rule before the event takes place. It is impracticable to publish an 
NPRM because we must establish the safety zone by August 31, 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 zone 
established by this temporary final rule is necessary to provide for 
the safety of life on navigable waterways before, during and after the 
scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone for a fireworks display that 
will take place on August 31, 2017, with a rain date of September 1, 
2017 from 7:30 p.m. to 9:30 p.m. The location of the safety zone 
includes all waters of Great Peconic Bay, Southampton, NY in 
approximate position 40[deg]55'00'' N., 072[deg]27'31'' W. (NAD 83).
    This rule prevents vessels from entering, transiting, mooring, or 
anchoring within the area specifically designated as a safety zone and 
restricts vessel movement around the location of the fireworks display 
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 the 
safety zone 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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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. Accordingly, this rule has not been reviewed by 
the Office of Management and Budget (OMB), and pursuant to OMB guidance 
it is exempt from the requirements of Executive Order 13771.
    The Coast Guard determined that this rulemaking is not a 
significant regulatory action for the following reasons: (1) The 
enforcement of the safety zone will be relatively short in duration; 
(2) persons or vessels desiring to enter the safety zone may do so with 
permission from the COTP LIS or a designated representative; (3) the 
safety zone is 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 the 
regulated area 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 with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order

[[Page 39957]]

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 a temporary safety zone. 
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 (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 
recordkeeping requirements, Security measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T01-0716 to read as follows:


Sec.  165.T01-0716  Safety Zone; Marine Event held in the Captain of 
the Port Long Island Sound Zone.

    (a) Location. The regulated area for the fireworks display is that 
area within a 1000 foot radius of the launch platform or launch site 
within the navigable waters of Great Peconic Bay, Southampton, NY in 
approximate position 40[deg]55'00'' N., 072[deg]27'31'' W. (NAD 83).
    (b) Enforcement period. This rule will be enforced from 7:30 p.m. 
to 9:30 p.m. on August 31, 2017, with a rain date of September 1, 2017.
    (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 the zone is 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 the safety 
zone 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.

    Dated: August 3, 3017.
A.E. Tucci,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2017-17867 Filed 8-22-17; 8:45 am]
BILLING CODE 9110-04-P



                                                                                                                                                                                              39955

                                             Rules and Regulations                                                                                         Federal Register
                                                                                                                                                           Vol. 82, No. 162

                                                                                                                                                           Wednesday, August 23, 2017



                                             This section of the FEDERAL REGISTER                    telephone 904–714–7616, email                         DEPARTMENT OF HOMELAND
                                             contains regulatory documents having general            Allan.H.Storm@uscg.mil.                               SECURITY
                                             applicability and legal effect, most of which
                                             are keyed to and codified in the Code of                SUPPLEMENTARY INFORMATION:      The                   Coast Guard
                                             Federal Regulations, which is published under           Florida Department of Transportation
                                             50 titles pursuant to 44 U.S.C. 1510.                   (FDOT) requested a temporary deviation                33 CFR Part 165
                                                                                                     from the operating schedule and a
                                             The Code of Federal Regulations is sold by                                                                    [Docket Number USCG–2017–0716]
                                             the Superintendent of Documents.                        vertical clearance reduction that governs
                                                                                                     the Crescent Beach Bridge (SR 206),                   RIN 165–AA00
                                                                                                     Atlantic Intracoastal Waterway
                                             DEPARTMENT OF HOMELAND                                  (Matanzas River), mile 788.6, St.                     Safety Zone; Marine Event Held in the
                                             SECURITY                                                Augustine, Florida. The bridge is a                   Captain of the Port Long Island Sound
                                                                                                     double leaf bascule bridge with a 20 foot             Zone
                                             Coast Guard                                             vertical clearance in the closed position.            AGENCY:    Coast Guard, DHS.
                                             33 CFR Part 117                                            The deviation period is from 7 a.m. on             ACTION:   Temporary final rule.
                                                                                                     August 17, 2017 to 4 p.m. on November
                                             [Docket No. USCG–2017–0781]                             30, 2017. During this period, the bridge              SUMMARY:   The Coast Guard is
                                                                                                     is allowed single leaf operations on a                establishing a temporary safety zone for
                                             Drawbridge Operation Regulation;                                                                              a fireworks display within the Captain
                                             Atlantic Intracoastal Waterway,                         twice an hour schedule and with a two
                                                                                                                                                           of the Port (COTP) Long Island Sound
                                             Matanzas River, St. Augustine, FL                       hour notice for a double leaf opening
                                                                                                                                                           (LIS) Zone. This temporary final rule is
                                                                                                     with a two foot reduction in the vertical
                                                                                                                                                           necessary to provide for the safety of life
                                             AGENCY: Coast Guard, DHS.                               clearance on the closed position. From
                                                                                                                                                           on navigable waters during these events.
                                             ACTION:Notice of deviation from                         7 a.m. to 4 p.m., Monday through Friday               Entry into, transit through, mooring or
                                             drawbridge regulation.                                  and 7 a.m. to 7 p.m., Saturday and                    anchoring within the limited access area
                                                                                                     Sunday, the bridge will open on the                   is prohibited unless authorized by the
                                             SUMMARY:    The Coast Guard has issued a                hour and half hour. The vertical
                                             temporary deviation from the operating                                                                        COTP LIS.
                                                                                                     clearance will be reduced to 18 feet for              DATES: This rule is effective from 7:30
                                             schedule and vertical clearance that                    the duration of the deviation period.
                                             governs the Crescent Beach Bridge (SR                                                                         p.m. to 9:30 p.m. on August 31, 2017.
                                             206) across the Atlantic Intracoastal                      Vessels able to pass through the                   ADDRESSES: To view documents
                                             Waterway (Matanzas River), mile 788.6,                  bridge in the closed position may do so               mentioned in this preamble as being
                                             at St. Augustine, Florida. The temporary                at anytime. The bridge will be able to                available in the docket, go to http://
                                             deviation is necessary to complete                      open for emergencies and there is no                  www.regulations.gov, type USCG–2017–
                                             rehabilitation work on the bridge. This                 immediate alternate route for vessels to              0716 in the ‘‘SEARCH’’ box and click
                                             temporary deviation allows the bridge                   pass. The Coast Guard will also inform                ‘‘SEARCH.’’ Click on Open Docket
                                             single-leaf operations on a schedule                    the users of the waterways through our                Folder on the line associated with this
                                             with an advanced notice for a double-                   Local and Broadcast Notices to Mariners               rule.
                                             leaf opening and a two foot reduction in                of the change in operating schedule and               FOR FURTHER INFORMATION CONTACT: If
                                             the vertical clearance of the bridge. This              vertical clearance for the bridge so that             you have questions on this rule, contact
                                             action is intended to allow for the                     vessel operators can arrange their                    Petty Officer Amber Arnold, Prevention
                                             contractor to conduct necessary                         transits to minimize any impact caused                Department, Coast Guard Sector Long
                                             rehabilitation work on the bascule spans                by the temporary deviation.                           Island Sound, telephone (203) 468–
                                             with little to no effect on navigation.                                                                       4583, email Amber.D.Arnold@uscg.mil.
                                                                                                        In accordance with 33 CFR 117.35(e),
                                             DATES: This deviation is effective                      the drawbridge must return to its regular             SUPPLEMENTARY INFORMATION:
                                             without actual notice from August 23,                   operating schedule immediately at the
                                             2017 through 4 p.m. on November 30,                                                                           I. Table of Abbreviations
                                                                                                     end of the effective period of this
                                             2017. For the purposes of enforcement,                                                                        COTP Captain of the Port
                                                                                                     temporary deviation. This deviation                   DHS Department of Homeland Security
                                             actual notice will be used from August
                                                                                                     from the operating regulations is                     FR Federal Register
                                             17, 2017 at 7 a.m. until August 23, 2017.
                                                                                                     authorized under 33 CFR 117.35.                       LIS Long Island Sound
                                             ADDRESSES: The docket for this
                                                                                                       Dated: August 17, 2017.                             NPRM Notice of Proposed Rulemaking
                                             deviation, USCG–2017–0781 is available                                                                        NAD 83 North American Datum 1983
                                             at http://www.regulations.gov. Type the                 Barry L. Dragon,
                                             docket number in the ‘‘SEARCH’’ box                     Director, Bridge Branch, Seventh Coast Guard          II. Background Information and
                                             and click ‘‘SEARCH’’. Click on Open                     District.                                             Regulatory History
pmangrum on DSK3GDR082PROD with RULES




                                             Docket Folder on the line associated                    [FR Doc. 2017–17819 Filed 8–22–17; 8:45 am]              This rulemaking establishes a safety
                                             with this deviation.                                    BILLING CODE 9110–04–P                                zone for the Pvro Engineering Inc.
                                             FOR FURTHER INFORMATION CONTACT: If                                                                           fireworks display. The Pyro Engineering
                                             you have questions on this temporary                                                                          Inc. fireworks display is a recurring
                                             deviation, call or email LT Allan Storm,                                                                      marine event with regulatory history. A
                                             U.S. Coast Guard Sector Jacksonville,                                                                         safety zone was established for this
                                             Waterways Management Division;                                                                                event in 2016 via a temporary final rule


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                                             39956            Federal Register / Vol. 82, No. 162 / Wednesday, August 23, 2017 / Rules and Regulations

                                             entitled, ‘‘Safety Zones; Marine Events                 safety risks associated with it during the            that are independently owned and
                                             held in the Sector Long Island Sound                    period of enforcement unless authorized               operated and are not dominant in their
                                             Captain of the Port Zone.’’ This                        by the COTP or designated                             fields, and governmental jurisdictions
                                             rulemaking was published on August 8,                   representative.                                       with populations of less than 50,000.
                                             2016 in the Federal Register (81 FR                       The Coast Guard will notify the                     The Coast Guard certifies under 5 U.S.C.
                                             52335).                                                 public and local mariners of the safety               605(b) that this rule will not have a
                                                The Coast Guard is issuing this                      zone through appropriate means, which                 significant economic impact on a
                                             temporary final rule without prior                      may include, but are not limited to,                  substantial number of small entities.
                                             notice and opportunity to comment                       publication in the Federal Register, the                 While some owners or operators of
                                             pursuant to authority under section 4(a)                Local Notice to Mariners, and Broadcast               vessels intending to transit the regulated
                                             of the Administrative Procedure Act                     Notice to Mariners.                                   area may be small entities, for the
                                             (APA) (5 U.S.C. 553(b)). This provision                                                                       reasons stated in section V.A above, this
                                                                                                     V. Regulatory Analyses
                                             authorizes an agency to issue a rule                                                                          rule will not have a significant
                                             without prior notice and opportunity to                    We developed this rule after                       economic impact on any vessel owner
                                             comment when the agency for good                        considering numerous statutes and                     or operator.
                                             cause finds that those procedures are                   Executive orders related to rulemaking.                  Under section 213(a) of the Small
                                             ‘‘impracticable, unnecessary, or contrary               Below we summarize our analyses                       Business Regulatory Enforcement
                                             to the public interest.’’ Under 5 U.S.C.                based on these statutes and Executive                 Fairness Act of 1996 (Pub. L. 104–121),
                                             553(b)(B), the Coast Guard finds that                   orders and we discuss First Amendment                 we want to assist small entities in
                                             good cause exists for not publishing a                  rights of protestors.                                 understanding this rule. If the rule
                                             NPRM with respect to this rule because                  A. Regulatory Planning and Review                     would affect your small business,
                                             doing so would be impracticable and                                                                           organization, or governmental
                                             contrary to the public interest. The                       Executive Orders 12866 and 13563                   jurisdiction and you have questions
                                             event sponsor was late in submitting the                direct agencies to assess the costs and               concerning its provisions or options for
                                             scheduling details of the event. This late              benefits of available regulatory                      compliance, please contact the person
                                             submission did not give the Coast Guard                 alternatives and, if regulation is                    listed in the FOR FURTHER INFORMATION
                                             enough time to publish an NPRM, take                    necessary, to select regulatory                       CONTACT.
                                             public comments, and issue a final rule                 approaches that maximize net benefits.                   Small businesses may send comments
                                             before the event takes place. It is                     Executive Order 13771 directs agencies                on the actions of Federal employees
                                             impracticable to publish an NPRM                        to control regulatory costs through a                 who enforce, or otherwise determine
                                             because we must establish the safety                    budgeting process. This rule has not                  compliance with, Federal regulations to
                                             zone by August 31, 2017. Thus, waiting                  been designated a ‘‘significant                       the Small Business and Agriculture
                                             for a comment period to run is also                     regulatory action,’’ under Executive                  Regulatory Enforcement Ombudsman
                                             contrary to the public interest as it                   Order 12866. Accordingly, it has not                  and the Regional Small Business
                                             would inhibit the Coast Guard’s mission                 been reviewed by the Office of                        Regulatory Fairness Boards. The
                                             to keep the ports and waterways safe.                   Management and Budget. Accordingly,                   Ombudsman evaluates these actions
                                                Under 5 U.S.C. 553(d)(3), and for the                this rule has not been reviewed by the                annually and rates each agency’s
                                             same reasons stated in the preceding                    Office of Management and Budget                       responsiveness to small business. If you
                                             paragraph, the Coast Guard finds that                   (OMB), and pursuant to OMB guidance                   wish to comment on actions by
                                             good cause exists for making this rule                  it is exempt from the requirements of                 employees of the Coast Guard, call 1–
                                             effective less than 30 days after                       Executive Order 13771.                                888–REG–FAIR (1–888–734–3247). The
                                             publication in the Federal Register.                       The Coast Guard determined that this               Coast Guard will not retaliate against
                                                                                                     rulemaking is not a significant                       small entities that question or complain
                                             III. Legal Authority and Need for Rule                  regulatory action for the following                   about this rule or any policy or action
                                                The Coast Guard is issuing this                      reasons: (1) The enforcement of the                   of the Coast Guard.
                                             temporary rule under authority in 33                    safety zone will be relatively short in
                                             U.S.C. 1231. The COTP LIS has                           duration; (2) persons or vessels desiring             C. Collection of Information
                                             determined that the safety zone                         to enter the safety zone may do so with                 This rule will not call for a new
                                             established by this temporary final rule                permission from the COTP LIS or a                     collection of information under the
                                             is necessary to provide for the safety of               designated representative; (3) the safety             Paperwork Reduction Act of 1995 (44
                                             life on navigable waterways before,                     zone is designed in a way to limit                    U.S.C. 3501–3520).
                                             during and after the scheduled event.                   impacts on vessel traffic, permitting
                                                                                                     vessels to navigate in other portions of              D. Federalism and Indian Tribal
                                             IV. Discussion of the Rule                              the waterway not designated as a safety               Governments
                                                This rule establishes a safety zone for              zone; and (4) the Coast Guard will notify                A rule has implications for federalism
                                             a fireworks display that will take place                the public of the enforcement of this                 under Executive Orders 13132,
                                             on August 31, 2017, with a rain date of                 rule via appropriate means, such as via               Federalism, if it has a substantial direct
                                             September 1, 2017 from 7:30 p.m. to                     Local Notice to Mariners and Broadcast                effect on the States, on the relationship
                                             9:30 p.m. The location of the safety zone               Notice to Mariners to increase public                 between the national government and
                                             includes all waters of Great Peconic                    awareness of this safety zone.                        the States, or on the distribution of
                                             Bay, Southampton, NY in approximate                                                                           power and responsibilities among the
                                             position 40°55′00″ N., 072°27′31″ W.                    B. Impact on Small Entities                           various levels of government. We have
pmangrum on DSK3GDR082PROD with RULES




                                             (NAD 83).                                                 The Regulatory Flexibility Act of                   analyzed this rule under that Order and
                                                This rule prevents vessels from                      1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                             entering, transiting, mooring, or                       requires Federal agencies to consider                 with the fundamental federalism
                                             anchoring within the area specifically                  the potential impact of regulations on                principles and preemption requirements
                                             designated as a safety zone and restricts               small entities during rulemaking. The                 described in Executive Order 13132.
                                             vessel movement around the location of                  term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                             the fireworks display to reduce the                     businesses, not-for-profit organizations              implications under Executive Order


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                                                              Federal Register / Vol. 82, No. 162 / Wednesday, August 23, 2017 / Rules and Regulations                                             39957

                                             13175, Consultation and Coordination                    List of Subjects in 33 CFR Part 165                      (4) Any vessel given permission to
                                             with Indian Tribal Governments,                           Harbors, Marine safety, Navigation                  enter or operate in the safety zone must
                                             because it does not have a substantial                  (water), Reporting and recordkeeping                  comply with all directions given to
                                             direct effect on one or more Indian                     requirements, Security measures,                      them by the COTP Sector Long Island
                                             tribes, on the relationship between the                 Waterways.                                            Sound, or the designated on-scene
                                             Federal Government and Indian tribes,                     For the reasons discussed in the                    representative.
                                             or on the distribution of power and                     preamble, the Coast Guard amends 33                      (5) Upon being hailed by a U.S. Coast
                                             responsibilities between the Federal                    CFR part 165 as follows:                              Guard vessel by siren, radio, flashing
                                             Government and Indian tribes. If you                                                                          light or other means, the operator of the
                                             believe this rule has implications for                  PART 165—REGULATED NAVIGATION                         vessel shall proceed as directed.
                                             federalism or Indian tribes, please                     AREAS AND LIMITED ACCESS AREAS                          Dated: August 3, 3017.
                                             contact the person listed in the FOR                                                                          A.E. Tucci,
                                             FURTHER INFORMATION CONTACT section                     ■ 1. The authority citation for part 165
                                                                                                     continues to read as follows:                         Captain, U.S. Coast Guard, Captain of the
                                             above.                                                                                                        Port Sector Long Island Sound.
                                             E. Unfunded Mandates Reform Act                           Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           [FR Doc. 2017–17867 Filed 8–22–17; 8:45 am]
                                                                                                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                                                                           BILLING CODE 9110–04–P
                                               The Unfunded Mandates Reform Act                      Department of Homeland Security Delegation
                                             of 1995 (2 U.S.C. 1531–1538) requires                   No. 0170.1.
                                             Federal agencies to assess the effects of               ■ 2. Add § 165.T01–0716 to read as
                                             their discretionary regulatory actions. In              follows:                                              POSTAL SERVICE
                                             particular, the Act addresses actions
                                             that may result in the expenditure by a                 § 165.T01–0716 Safety Zone; Marine Event              39 CFR Part 111
                                                                                                     held in the Captain of the Port Long Island
                                             State, local, or tribal government, in the              Sound Zone.
                                             aggregate, or by the private sector of                                                                        First-Class Package Service—Retail
                                                                                                        (a) Location. The regulated area for
                                             $100,000,000 (adjusted for inflation) or                                                                      AGENCY:    Postal ServiceTM.
                                                                                                     the fireworks display is that area within
                                             more in any one year. Though this rule
                                                                                                     a 1000 foot radius of the launch                      ACTION:   Final rule.
                                             will not result in such an expenditure,
                                                                                                     platform or launch site within the
                                             we do discuss the effects of this rule                                                                        SUMMARY:   The Postal ServiceTM is
                                                                                                     navigable waters of Great Peconic Bay,
                                             elsewhere in this preamble.                                                                                   amending Mailing Standards of the
                                                                                                     Southampton, NY in approximate
                                             F. Environment                                          position 40°55′00″ N., 072°27′31″ W.                  United States Postal Service, Domestic
                                                                                                     (NAD 83).                                             Mail Manual (DMM®), in various
                                               We have analyzed this rule under                         (b) Enforcement period. This rule will             sections, as a result of the transfer of
                                             Department of Homeland Security                         be enforced from 7:30 p.m. to 9:30 p.m.               First-Class Mail® Parcels, a market-
                                             Management Directive 023–01 and                         on August 31, 2017, with a rain date of               dominant product, to the competitive
                                             Commandant Instruction M16475.lD,                       September 1, 2017.                                    product list.
                                             which guide the Coast Guard in                             (c) Definitions. The following                     DATES: Effective Date: September 3,
                                             complying with the National                             definitions apply to this section: A                  2017.
                                             Environmental Policy Act of 1969 (42                    ‘‘designated representative’’ is any Coast
                                             U.S.C. 4321–4370f), and have                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                     Guard commissioned, warrant or petty
                                             determined that this action is one of a                 officer of the U.S. Coast Guard who has               Karen Key at (202) 268–7492, Jacqueline
                                             category of actions that do not                         been designated by the COTP, Sector                   Erwin at (202) 268–2158, or Garry
                                             individually or cumulatively have a                     Long Island Sound, to act on his or her               Rodriguez at (202) 268–7281.
                                             significant effect on the human                         behalf. The designated representative                 SUPPLEMENTARY INFORMATION: On July
                                             environment. This temporary rule                        may be on an official patrol vessel or                20, 2017, the Postal Regulatory
                                             involves the establishment of a                         may be on shore and will communicate                  Commission (PRC) conditionally
                                             temporary safety zone. It is categorically              with vessels via VHF–FM radio or                      approved the Postal Service’s request to
                                             excluded from further review under                      loudhailer. ‘‘Official patrol vessels’’ may           transfer First-Class Mail Parcels, a
                                             paragraph 34(g) of Figure 2–1 of                        consist of any Coast Guard, Coast Guard               market-dominant retail product for
                                             Commandant Instruction M16475.lD. A                     Auxiliary, state, or local law                        lightweight parcels, to the competitive
                                             Record of Environmental Consideration                   enforcement vessels assigned or                       product list. The PRC’s approval was
                                             (REC) for Categorically Excluded                        approved by the COTP Sector Long                      conditioned on the subsequent
                                             Actions will be available in the docket                 Island Sound. In addition, members of                 proposal, review, and approval of prices
                                             where indicated under ADDRESSES. We                     the Coast Guard Auxiliary may be                      for the transferred product.
                                             seek any comments or information that                   present to inform vessel operators of                    On July 28, 2017, pursuant to
                                             may lead to the discovery of a                          this regulation.                                      Governors’ Decision 16–9, the Postal
                                             significant environmental impact from                      (d) Regulations. (1) The general                   Service filed a notice of price change
                                             this rule.                                              regulations contained in § 165.23 apply.              seeking to implement new prices and a
                                             G. Protest Activities                                      (2) In accordance with the general                 name change for First-Class Mail
                                                                                                     regulations in § 165.23, entry into or                Parcels. On August 9, 2017, the
                                               The Coast Guard respects the First                    movement within the zone is prohibited                Commission approved the new prices
                                             Amendment rights of protesters.                         unless authorized by the COTP, Long                   and name change.
pmangrum on DSK3GDR082PROD with RULES




                                             Protesters are asked to contact the                     Island Sound.                                            First-Class Mail Parcels will be
                                             person listed in the FOR FURTHER                           (3) Any vessel given permission to                 renamed First-Class Package Service—
                                             INFORMATION CONTACT section to                          deviate from these regulations must                   Retail and will continue to be available
                                             coordinate protest activities so that your              comply with all directions given to                   at retail with the same service and
                                             message can be received without                         them by the COTP Sector Long Island                   content restrictions.
                                             jeopardizing the safety or security of                  Sound, or the designated on-scene                        Additionally, the existing single-piece
                                             people, places or vessels.                              representative.                                       First-Class Package Service price


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Document Created: 2017-08-22 23:52:18
Document Modified: 2017-08-22 23:52:18
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 from 7:30 p.m. to 9:30 p.m. on August 31, 2017.
ContactIf 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 Citation82 FR 39955 
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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