[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Proposed Rules]
[Pages 25008-25011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09852]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0212]
RIN 1625-AA00
Safety Zone; Fairfield Estates Fireworks Display, Atlantic Ocean,
Sagaponack, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the navigable waters of the Atlantic Ocean, in Sagaponack, NY for
the Fairfield Estates 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 would be prohibited unless authorized by the
Captain of the Port (COTP) Sector Long Island Sound.
DATES: Comments and related material must be received by the Coast
Guard on or before May 29, 2013.
Requests for public meetings must be received by the Coast Guard on
or before May 6, 2013.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
rulemaking, call or email Petty Officer Scott Baumgartner, Prevention
Department, Coast Guard Sector Long Island Sound, (203) 468-4428,
[email protected]. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, 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
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2013-0212] in
[[Page 25009]]
the ``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a Comment''
on the line associated with this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2013-0212) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES on
or before May 6, 2013. Please explain why you believe a public meeting
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
B. Regulatory History and Information
This is a first time event with no regulatory history.
C. 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; Public Law 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.
D. Discussion of Proposed Rule
This temporary rule proposes to establish a safety zone for the
Fairfield Estates fireworks display. This proposed regulated area
includes all waters of the Atlantic Ocean within a 1000 foot radius of
the fireworks barge located 1000 feet south of the Fairfield Estate in
Sagaponack, NY.
This rule will be effective from 8:30 p.m. on August 1, 2013
through 10:30 p.m. on August 2, 2013.
The fireworks display is scheduled to occur from 8:30 p.m. until
10:30 p.m. on August 1, 2013. If the event is cancelled due to
inclement weather, then this regulation will be enforced from 8:30 p.m.
until 10:30 p.m. on August 2, 2012.
Because spectator vessels are expected to congregate around the
location of the fireworks display, this regulated area is necessary to
protect both spectators and participants from the hazards created by
unexpected pyrotechnics detonation, and burning debris. This proposed
rule would temporarily establish a regulated area to restrict vessel
movement around the location of the fireworks display to reduce the
safety risks associated with it.
To aid the public in identifying the launch platform; fireworks
barges used for this display 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.
Public notifications may be made to the local maritime community
prior to the event through the Local Notice to Mariners, and Broadcast
Notice to Mariners.
E. Regulatory Analyses
We developed this proposed 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 proposed 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 would not be a
significant regulatory action for the following reasons: The regulated
area will be of limited duration, the area covers only a small portion
of the navigable waterways and waterway users may transit around the
area. Also, mariners may request permission from the COTP Sector Long
Island Sound or the designated representative to transit the zone.
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
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
Those potentially impacted include owners or operators of vessels
intending to enter, transit, anchor or moor within the regulated area
during the effective 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 will be 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule. If the
[[Page 25010]]
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. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination 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 proposed rule
involves establishing a safety zone. This rule may be categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A preliminary 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 proposed 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 proposes
to amend 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.T01-0212 to read as follows:
Sec. 165.T01-0212 Safety Zone; Fairfield Estates Fireworks Display,
Atlantic Ocean, Sagaponack, NY.
(a) Location. The following area is a safety zone: All waters of
the Atlantic Ocean within a 1000-foot radius of the fireworks barge
located off the Fairfield Estate in Sagaponack, NY approximate position
40[deg]54'26.97'' N, 072[deg]15'9.39'' W North American Datum 1983.
(b) Enforcement Period. This rule will be enforced from 8:30 p.m.
until 10:30 p.m. on August 1, 2013. 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 August 2, 2013.
(c) 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.
[[Page 25011]]
(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) Spectators 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. Spectators given permission
to enter or operate in the regulated area must comply with all
directions given to them by the COTP Sector Long Island Sound or the
designated on-scene representative.
(3) Upon being hailed by an official patrol 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.
1. 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: April 8, 2013.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2013-09852 Filed 4-26-13; 8:45 am]
BILLING CODE 9110-04-P