[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Rules and Regulations]
[Pages 39633-39638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16296]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket Number USCG-2012-0111]
RIN 1625-AA00; 1625-AA08
Special Local Regulation and Safety Zones; Marine Events in
Captain of the Port Sector Long Island Sound Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations and safety zones for marine events on the navigable waters
within the Captain of the Port (COTP) Sector Long Island Sound zone for
regattas, fireworks displays and swim events. This action is necessary
to provide for the safety of life on navigable waters during the
events. Entering into, transiting through, remaining, anchoring or
mooring within these regulated areas would be prohibited unless
authorized by the COTP Sector Long Island Sound.
DATES: This rule is effective from August 6, 2012 until November 11,
2012.
This rule will be enforced during the specific dates and time
listed in TABLE 1 and 2 to Sec. 165.T01-0111.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0111]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Joseph Graun, Prevention Department, Coast
Guard Sector Long Island Sound, (203) 468-4544,
[email protected]. If you have questions on viewing or submitting
[[Page 39634]]
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
LIS Long Island Sound
A. Regulatory History and Information
On April 4, 2012 the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled Special Local Regulations and Safety Zones;
Marine Events in Captain of the Port Sector Long Island Sound Zone, in
the Federal Register (77 FR 20324).
We received no comments on the NPRM. No requests for a public
meeting were received and no public meetings were held.
B. Basis and Purpose
The legal basis for this temporary rule is 33 U.S.C. 1226, 1231,
1233; 46 U.S.C. Chapters 454, 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Public Law 107-295, 116 Stat.
2064; Department of Homeland Security Delegation No. 0170.1 which
collectively authorize the Coast Guard to define regulatory special
local regulations and safety zones.
This temporary rule establishes special local regulations and
safety zones in order to provide for the safety of life on navigable
waterways during regattas, fireworks displays and swim events.
C. Discussion of Comments, Changes and the Final Rule
In the NPRM the Coast Guard stated the following events: Davis Park
Fireworks, Charles W. Morgan Anniversary Fireworks and Waves of Hope
Swim, had not chose a date and time for their events and we would
announce them in the final rule. The dates for each of the events are
as follows: The Davis Park Fireworks have been removed from the table
because the sponsor has decided not to hold the event. Charles W.
Morgan Anniversary Fireworks will be held on November 3, 2012 and Waves
of Hope Swim will be held on August 13, 2012. The dates can also be
found in TABLE 1 & 2 to Sec. 165.T01-0111.
The following events have been removed from this rulemaking and
placed in a separate rulemaking under docket number (USCG-2012-0477)
titled Safety Zones; Fireworks Displays in Captain of the Port Long
Island Sound Zone. Salute to Veterans Devon Yacht Club Fireworks, Dolan
Family Fourth Fireworks, Islip Fireworks, Madison Fireworks, Stratford
Fireworks, Rowayton Fireworks, Quarentello Wedding Fireworks and
Niantic Bay Fireworks. These events have been moved because there was
less than 30 days between publication of this rule and the start of
each events. Moving these events to a separate rulemaking allows the
Coast Guard to accommodate a 30 day window between this rule
publication and first day of being effective.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The Coast Guard determined that this rulemaking is not a
significant regulatory action for the following reasons: The regulated
areas are of limited duration and cover only a small portion of the
navigable waterways. Furthermore, vessels may transit the navigable
waterways outside of the regulated areas. Persons or vessels requiring
entry into the regulated areas may be authorized to do so by the COTP
Sector Long Island Sound or designated representative.
Advanced public notifications will also be made to the local
maritime community through the Local Notice to Mariners as well as
Broadcast Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to enter, transit, anchor or moor within the regulated areas
during the enforcement periods stated for each event listed below in
the List of Subjects.
These temporary special local regulations and safety zones will not
have a significant economic impact on a substantial number of small
entities for the following reasons: the regulated areas are of limited
size and of short duration, vessels that can safely do so may navigate
in all other portions of the waterways except for the areas designated
as regulated areas, and vessels requiring entry into the regulated
areas may be authorized to do so by the COTP Sector Long Island Sound
or designated representative. Additionally, before the effective
period, notifications will be made to the local maritime community
through the Local Notice to Mariners and Broadcast Notice to Mariners
well in advance of the events.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct
[[Page 39635]]
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. We have
analyzed this rule under that Order and determined that this rule does
not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of special local
regulations and safety zones. This rule is categorically excluded from
further review under paragraph 34(g)&(h), of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recording
requirements, Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.35T01-0111 to read as follows:
Sec. 100.35T01-0111 Special Local Regulations; Regattas in the Coast
Guard Sector Long Island Sound Captain of the Port Zone.
(a) Regulations. The following regulations apply to the marine
events listed in TABLE 1 to Sec. 100.35T01-0111. These regulations
will be enforced for the duration of each event, on the dates
indicated. Notifications will be made to the local maritime community
through all appropriate means such as Local Notice to Mariners or
Broadcast Notice to Mariners well in advance of the events. First Coast
Guard District Local Notice to Mariners can be found at: http://www.navcen.uscg.gov/.
(b) Definitions. The following definitions apply to this section:
(1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port (COTP),
Sector Long Island Sound, to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP Sector Long Island Sound.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(c) Vessel operators desiring to enter or operate within the
regulated areas shall contact the COTP Sector Long Island Sound at 203-
468-4401 (Sector LIS command center) or the designated representative
via VHF channel 16.
(d) Vessels may not transit the regulated areas without the COTP
Sector Long Island Sound or designated representative approval. Vessels
permitted to transit must operate at a no wake speed, in a manner which
will not endanger participants or other crafts in the event.
(e) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP Sector Long Island Sound or designated
representative.
(f) The COTP Sector Long Island Sound or designated representative
may
[[Page 39636]]
control the movement of all vessels in the regulated area. When hailed
or signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the lawful directions issued. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both. The COTP Sector Long Island
Sound or designated representative may delay or terminate any marine
event in this subpart at any time it is deemed necessary to ensure the
safety of life or property.
(g) For all regattas listed, vessels not participating in the
event, swimmers, and personal watercraft of any nature are prohibited
from entering or moving within the regulated area unless authorized by
the COTP Sector Long Island Sound or designated representative. Vessels
within the regulated area must be at anchor within a designated
spectator area or moored to a waterfront facility in a way that will
not interfere with the progress of the event.
TABLE 1
[to Sec. 100.35T01-0111]
------------------------------------------------------------------------
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1 Hartford Dragon Boat Regatta......... Dates: August 18 and
19, 2012.
Time 8 a.m. until 4:30
p.m. each day.
Regulated area: All
waters of the Connecticut
River in Hartford, CT between
the Bulkeley Bridge
41[deg]46'10.10'' N,
072[deg]39'56.13'' W and the
Wilbur Cross Bridge
41[deg]45'11.67'' N,
072[deg]39'13.64'' W North
American Datum 1983 (NAD 83).
2 Kayak for a Cause Regatta............ Date: July 21, 2012.
Time: 8 a.m. until 3
p.m.
Regulated area: All
water of Long Island Sound
within a nine mile long and
half mile wide rectangle
shaped regatta course
connecting Norwich, CT and
Crab Meadow, NY. The regulated
area beginning in Norwich CT
east of Shady Beach at
41[deg]5'32.24'' N,
073[deg]23'11.18'' W then
heads south crossing Long
Island Sound to a point east
of Crab Meadow Beach, Crab
Meadow, NY at
40[deg]55'37.21'' N,
073[deg]19'2.14'' W then turns
west connecting to a point
west of Crab Meadow Beach at
40[deg]55'48.3'' N,
073[deg]19'51.88'' W, then
turns north crossing Long
Island Sound to the western
boundary of Calf Pasture Beach
Norwich, CT at
41[deg]4'57.54'' N,
073[deg]23'53.21'' W then
turns east back to its
starting point at
41[deg]5'32.24'' N,
073[deg]23'11.18'' W North
American Datum 1983 (NAD 83).
Additional
stipulations: (1) Spectators
must maintain a minimum
distance of 100 yards from
each event participant and
support vessel. (2) Vessels
that maintain the minimum
required distance from event
participants and support
vessels may transit through
the regatta course.
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PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 454, 701,
3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
0
4. Add Sec. 165.T01-0111 to read as follows:
Sec. 165.T01-0111 Safety Zones; Fireworks Displays and Swim Events in
Captain of the Port Long Island Sound Zone
(a) Regulations. The general regulations contained in 33 CFR 165.23
as well as the following regulations apply to the fireworks displays,
air shows, and swim events listed in TABLE 1 and TABLE 2 of Sec.
165.T01-0111. These regulations will be enforced for the duration of
each event. Notifications will be made to the local maritime community
through all appropriate means such as Local Notice to Mariners or
Broadcast Notice to Mariners well in advance of the events. Mariners
should consult their Local Notice to Mariners to remain apprised of
schedule or event changes. First Coast Guard District Local Notice to
Mariners can be found at http://www.navcen.uscg.gov/.
(b) Definitions. The following definitions apply to this section:
(1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port (COTP),
Sector Long Island Sound, to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP Sector Long Island Sound.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(c) Vessel operators desiring to enter or operate within the
regulated areas should contact the COTP Sector Long Island Sound at
203-468-4401 (Sector LIS command center) or the designated
representative via VHF channel 16 to obtain permission to do so.
(d) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP Sector Long Island Sound or designated
representative.
(e) Upon being hailed by a U.S. Coast Guard vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
(f) The COTP Sector Long Island Sound or designated representative
may delay or terminate any marine event in this subpart at any time it
is deemed necessary to ensure the safety of life or property.
[[Page 39637]]
(g) The regulated area for all fireworks displays listed in TABLE 1
to Sec. 165.T01-0111 is that area of navigable waters within a 1000
foot radius of the launch platform or launch site for each fireworks
display, unless otherwise noted in TABLE 1 to Sec. 165.T01-0111 or
modified in USCG First District Local Notice to Mariners at: http://www.navcen.uscg.gov/.
(h) Fireworks barges used in these locations will also have a sign
on their port and starboard side labeled ``FIREWORKS--STAY AWAY''. This
sign will consist of 10 inch high by 1.5 inch wide red lettering on a
white background. Shore sites used in these locations will display a
sign labeled ``FIREWORKS--STAY AWAY'' with the same dimensions. These
zones will be enforced from 8:30 p.m. to 10:30 p.m. each day a barge
with a ``FIREWORKS--STAY AWAY'' sign on the port and starboard side is
on-scene or a ``FIREWORKS--STAY AWAY'' sign is posted in a location
listed in TABLE 1 to Sec. 165.T01-0111.
(i) Enforcement period.
(1) Each fireworks display will be enforced from 8:30 p.m. until 10
p.m. on the respective dates listed in Table 1 of Sec. 165.T01-0111.
(2) Each swim event will be enforced during the date and time
listed in Table 2 of Sec. 165.T01-0111.
Table 1
[To Sec. 165.T01-0111]
------------------------------------------------------------------------
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8 August
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8.1 Shelter Island Yacht Club Fireworks Date: August 11, 2012.
Rain date: August 12,
2012.
Location: Waters of
Dering Harbor north of Shelter
Island Yacht Club in Shelter
Island, NY in approximate
position 41[deg]05'23.47'' N,
072[deg]21'11.18'' W (NAD 83).
8.2 Stamford Fireworks................. Date: August 30, 2012.
Rain date: August 31,
2012.
Location: Waters of
Stamford Harbor, off
Kosciuszco Park in Stamford,
CT in approximate position
41[deg]1'48.46'' N,
073[deg]32'15.32'' W (NAD 83).
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11 November
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1 Charles W. Morgan Anniversary Date: November 3,
Fireworks. 2012.
Rain date: November
10, 2012.
Location: Waters of
the Mystic River, north of the
Mystic Seaport Light, Mystic,
CT in approximate position
41[deg]21'56.455'' N,
071[deg]57'58.32'' W (NAD 83).
------------------------------------------------------------------------
Table 2
[To Sec. 165.T01-0111 July & August]
------------------------------------------------------------------------
------------------------------------------------------------------------
1 Waves of Hope Swim................... Date: August 13, 2012.
Time: 8 a.m. until 10
a.m.
Location: All waters of the
Great South Bay off
Amityville, NY shoreward of a
line created by connecting the
following points. Beginning at
40[deg]39'22.38'' N,
073[deg]25'31.63'' W then to
40[deg]39'2.18'' N,
073[deg]25'31.63'' W then to
40[deg]39'2.18'' N,
073[deg]24'03.81'' W, ending
at 40[deg]39'18.27'' N,
073[deg]24'03.81'' W North
American Datum 1983 (NAD 83).
2 Stonewall Swim....................... Date: August 4, 2012.
Time: 8:30 a.m. until
12:30 p.m.
Location: All navigable waters
of the Great South Bay within
a three miles long and half
mile wide box connecting
Snedecor Avenue in Bayport, NY
to Porgie Walk in Fire Island,
NY. Formed by connecting the
following points. Beginning at
40[deg]43'40.24'' N,
073[deg]03'41.5'' W then to
40[deg]43'40'' N,
073[deg]03'13.4'' W, then to
40[deg]40'4.13'' N,
073[deg]03'43.81'' W then to
40[deg]40'8.3'' N,
073[deg]03'17.7'' W and ending
at the beginning point
40[deg]43'40.24'' N,
073[deg]03'41.5'' W (NAD 83).
------------------------------------------------------------------------
[[Page 39638]]
Dated: June 7, 2012.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2012-16296 Filed 7-3-12; 8:45 am]
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