[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Rules and Regulations]
[Pages 60044-60046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24166]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0571]
RIN 1625-AA00
Safety Zone; DeStefano Wedding Fireworks Display, Patchogue Bay,
Patchogue, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Patchogue Bay, in Patchogue, NY for the DeStefano
family wedding fireworks display. This action is necessary to provide
for the safety of life on navigable waters during the event. Entering
into, transiting through, remaining, anchoring or mooring within this
regulated area is prohibited unless authorized by the Captain of the
Port (COTP) Sector Long Island Sound.
DATES: This rule is effective from November 1, 2012 until 10:30 p.m. on
November 4, 2012.
This will be enforced from 8:30 p.m. on November 3, 2012 until
10:30 p.m. on November 4, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0571]. 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
[[Page 60045]]
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
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On August 3, 2012 we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; DeStefano Wedding Fireworks Display,
Patchogue Bay, Patchogue, NY in the Federal Register (77 FR 46349).
We received no comments and no requests for a public meeting.
B. Basis and Purpose
The legal basis for this temporary rule is 33 U.S.C. 1231; 46
U.S.C. Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6 and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1 which collectively authorize
the Coast Guard to define regulatory safety zones.
This temporary regulation is necessary to ensure the safety of
vessels and spectators from hazards associated with fireworks display.
C. Discussion of Comments, Changes and the Final Rule
We received no comments and no changes have been made to the rule.
D. 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.
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
area is of limited duration and covers only a small portion of the
navigable waterways. Also, mariners may request permission from the
COTP Sector Long Island Sound or the designated representative to
transit the zone.
Advanced public notifications will 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 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 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 area during the
enforcement period. The temporary safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons: the regulated area is of limited size and of
short duration and mariners may request permission from the COTP Sector
Long Island Sound or the designated representative to transit the zone.
Notifications will be made to the maritime community through the Local
Notice to Mariners and Broadcast Notice to Mariners well in advance of
the event.
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 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.
[[Page 60046]]
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 a safety zone.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination 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 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 AREA AND LIMITED ACCESS AREAS
0
1. The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T01-0571 to read as follows:
Sec. 165.T01-0571 Safety Zone; DeStefano Wedding Fireworks Display
Patchogue Bay, Patchogue, NY
(a) Location. The following area is a safety zone: All waters of
Patchogue Bay within a 1000-foot radius of the fireworks barge located
off Patchogue, NY in approximate position 40[deg]44'44.47'' N,
073[deg]00'41.25'' W North American Datum 1983.
(b) Notification. Coast Guard Sector Long Island Sound will cause
notifications to 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 event.
(c) Enforcement Period. This rule will be enforced from 8:30 p.m.
until 10:30 p.m. on November 3, 2012. If the event is postponed due to
inclement weather, then this rule will be enforced from 8:30 p.m. until
10:30 p.m. on November 4, 2012.
(d) Regulations. The general regulations contained in 33 CFR 165.23
apply. During the enforcement period, entering into, transiting
through, remaining, mooring or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port (COTP) or the
designated representatives.
(1) Definitions. The following definitions apply to this section:
(i) 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 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.
(ii) 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.
(iii) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(2) Vessel operators desiring to enter or operate within the
regulated area 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.
(3) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated area 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.
(4) 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.
(5) 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.
(6) Fireworks barges used in this location will 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.
Dated: September 21, 2012.
H.L. Najarian,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Long
Island Sound.
[FR Doc. 2012-24166 Filed 10-1-12; 8:45 am]
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