[Federal Register: July 29, 2005 (Volume 70, Number 145)]
[Rules and Regulations]
[Page 43761-43764]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy05-11]
[[Page 43761]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[CGD01-05-012]
RIN 1625-AA00 and 1625-AA08
Safety Zones; Long Island Sound Annual Fireworks Displays
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is revising regulations governing safety zones
for fireworks displays in Long Island Sound. This revision establishes
9 new permanent safety zones, revises the location for one established
fireworks safety zone, and amends the notification and enforcement
provisions to include additional launches from beach areas. This action
is necessary to provide for the safety of life on navigable waters
during the events.
DATES: This rulemaking is effective June 25, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD01-05-012 and are available for inspection or
copying at Group/MSO Long Island Sound, New Haven, CT, between 9 a.m.
and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Andrea K. Logman, Chief, Waterways
Management Division Coast Guard Group/MSO Long Island Sound,
Connecticut (203) 468-4429.
SUPPLEMENTARY INFORMATION:
Regulatory History
On April 25, 2005, the Captain of the Port signed a notice of
proposed rulemaking (NPRM) entitled ``Safety Zones; Long Island Sound
Annual Fireworks Displays.'' The NPRM was published in the Federal
Register (70 FR 23821) on 5 May 2005. No comments were received on the
proposed rule. No public hearing was requested, and none was held.
Since regulations located in 33 CFR 100.114(a) will be removed and
redesignated, the Commander, First Coast Guard District must authorize
that change. Though the Captain of the Port, Long Island Sound,
provided the notice of the proposed rule in the Federal Register (70 FR
23821), the Commander, First Coast Guard District incorporates that
notice and any and all comments regarding the rule into this final
rule.
In accordance with 5 U.S.C. (d)(3), the Coast Guard finds good
cause for making this rule effective less than 30 days after
publication in the Federal Register. The Coast Guard wished to provide
the public with the opportunity to comment on this rulemaking. By doing
so, the timeframe for the publication of the final rule has been
reduced to less than 30 days, in order to make this regulation
effective for the scheduled dates of the events for which regulations
are being established or modified herein, several of which are at the
end of June or the beginning of July, 2005. The delay inherent in
publication of this final rule 30 days in advance of its effective date
is contrary to the public interest and impracticable, as immediate
action is needed to protect the maritime community from the hazards
associated with fireworks events. The Coast Guard Group/Marine Safety
Office Long Island Sound will make this Final Rule widely available to
the maritime community and general public through notification in the
Local Notice to Mariners, marine safety information bulletins and
through local waterways users groups.
Background and Purpose
The Coast Guard is revising its safety zones for fireworks displays
in the Long Island Sound Captain of the Port Zone found at Title 33
Code of Federal Regulations (CFR), section 165.151. These revisions add
9 permanent safety zones and revises one current safety zone that will
be activated for fireworks displays that occur on an annual basis. Of
the 9 new permanent safety zones, 5 of these currently have special
local regulations established under 33 CFR 100.114, which will be moved
to 33 CFR 165.151. These 5 events have specific dates assigned to them
under that regulation. However, due to scheduling issues, the events
have not been held over the last several years on the dates specified.
As a result, numerous temporary regulations have needed to be
implemented to provide for safety or the maritime community. As the
events require a limited access but flexibility in scheduling, a
permanent safety zone as opposed to special local regulations is
prudent. This will ensure the safety of the maritime community viewing
the displays or transiting in the vicinity of the displays. Once
implemented as safety zones, the special local regulations located at
33 CFR 100.114 for these events will be removed. The remaining 4 new
safety zones are for annual events that do not currently have permanent
safety zones or special local regulations.
The events for which safety zones are being established are held in
the following 9 locations: On the Thames River off of Norwich, CT; in
Branford Harbor off of Branford Point, Branford, CT on Long Island
Sound; in Long Island Sound off Cosey Beach, East Haven, CT; in Long
Island Sound off Compo Beach, Westport, CT; in Westbrook Harbor on Long
Island Sound, CT; in Long Island Sound off Calf Pasture Beach, Norwalk,
CT; in Long Island Sound off Short Beach, Stratford, CT; in Long Island
Sound off Old Black Point Beach, East Lyme, CT; and in Northport Bay
off Asharoken Beach, NY. By establishing permanent safety zones, the
Coast Guard will eliminate the need to establish temporary rules
annually. The Coast Guard has promulgated safety zones or special local
regulations for fireworks displays at all of these 9 areas in the past
and has received no public comments or concerns regarding the impact to
waterway traffic from these annually recurring events. Additionally,
this rulemaking is revising the regulations currently in place in 33
CFR 165.151(a)(10) for the Mashantucket Pequot Fireworks Safety zone.
This revision changes the location of the three barges used for this
fireworks display, increasing the distance between each of the barges.
Smaller-sized fireworks shells, a maximum of a 10-inch shell, will be
used on the two outer barges, decreasing the safety zone radius for
each of the two outer barges from 1200 feet to 1000 feet. The center
barge in this display will continue to have a maximum of 12-inch
shells, and will continue to have a 1200-foot radius safety zone
surrounding it. Due to the changes in the outer barge shell size, there
is no increase to the restricted area of the safety zone as compared
with what has been in place for this event in 33 CFR 165.151(a)(10).
The Coast Guard has received no public comments or concerns regarding
the impact to waterway traffic from the Mashantucket Pequot Fireworks.
While this regulation will prevent vessels from transiting areas
made hazardous from the launching of fireworks, vessels may transit in
all portions of the affected waterways except for those areas covered
by the zones.
Discussion of Comments and Changes
No comments were received in response to the NPRM, however, one
change is made to the final rule. Within the Enforcement Period
selection of 33 CFR 165.151, the word ``posted'' is changed to
``present'' in order to more accurately reflect the location of the
[[Page 43762]]
barge or land based launch site sign that reads ``FIREWORKS--STAY
AWAY.''
Discussion of Rule
The Coast Guard is revising 33 CFR section 165.151 to add 9 new
safety zones for fireworks displays that occur on a regular basis in
the same locations. The Coast Guard is also revising 33 CFR
165.151(a)(10), an established safety zone for the Mashantucket Pequot
Fireworks. The sizes of these safety zones were determined in
accordance with Navigational and Vessel Inspection Circular (NVIC) 07-
02, entitled Marine Safety at Fireworks Displays, and in accordance
with National Fire Protection Association Standard 1123, Code for
Fireworks Displays (100-foot distance per inch of diameter of the
fireworks mortars). Barge locations and mortar sizes were determined to
ensure appropriate safety zone locations will not interfere with any
known marinas or piers. The 9 new safety zones and revisions to 33 CFR
165.151(a)(10) for the Mashantucket Pequot Fireworks Safety Zone are
described below under the respective event. All coordinates are North
American Datum 1983 (NAD 83).
Norwich July Fireworks
The safety zone for the annual Norwich July Fireworks display
encompasses all waters of the Thames River turning basin within a 600-
foot radius of the fireworks barge in approximate position
41[deg]31'20.9'' N, 072[deg]04'45.9'' W, located off of Norwich, CT.
Town of Branford Fireworks
The safety zone for the annual Town of Branford fireworks display
encompasses all waters of Branford Harbor off of Branford Point within
a 600-foot radius of the fireworks launch area located on Branford
Point in approximate position 41[deg]15'30'' N, 072[deg]49'22'' W.
Vietnam Veterans Local 484; Town of East Haven Fireworks
The safety zone for the annual Vietnam Veterans Local 484/Town of
East Haven fireworks display encompasses all waters of Long Island
Sound off of Cosey Beach, East Haven, CT within a 1000-foot radius of
the fireworks barge in approximate position 41[deg]14'19'' N,
072[deg]52'9.8'' W.
Westport Police Athletic League Fireworks
The safety zone for the annual Westport Police Athletic League
fireworks display encompasses all waters of Long Island Sound Off Compo
Beach, Westport, CT within a 800-foot radius of the fireworks barge in
approximate position 41[deg]09'2.5'' N, 073[deg]20'1.1'' W.
Westbrook, CT July Celebration
The safety zone for the annual Westbrook July Celebration fireworks
display encompasses all waters of Westbrook Harbor, Westbrook, CT
within a 800-foot radius of the fireworks barge located in approximate
position 41[deg]16'50'' N, 072[deg]26'14'' W.
Norwalk Fireworks
The safety zone for the annual Norwalk Fireworks display
encompasses all waters of Long Island Sound off of Calf Pasture Beach
in Norwalk, CT within a 1000-foot radius of the fireworks barge located
in approximate position 40[deg]05'10'' N, 073[deg]23'20'' W.
Town of Stratford Fireworks
The safety zone for the annual Town of Stratford fireworks display
encompasses all waters of Long Island Sound of Long Island Sound off of
Short Beach in Stratford. CT, within a 800-foot radius of the fireworks
launch area located in approximate position 41[deg]09'5'' N,
073[deg]06'5'' W.
Old Black Point Beach Association Fireworks
The safety zone for the annual Old Black Point Beach Association
fireworks display encompasses all waters of Long Island Sound off of
Old Black Point Beach in East Lyme, CT, within a 1000-foot radius of
the fireworks launch area located on Old Black Point Beach at
approximate position 41[deg]17'34.9'' N, 072[deg]12'55.6'' W.
Village of Asharoken Fireworks
The safety zone for the annual Village of Asharoken Fireworks
encompasses all waters of Northport Bay off of Asharoken Beach in
Asharoken, NY, within a 600-foot radius of the fireworks launch area
located in approximate position 40[deg]55'30'' N, 072[deg]21' W.
Mashantucket Pequot Fireworks
The safety zone for the Mashantucket Pequot Fireworks includes all
waters of the Thames River within 1200-feet of a fireworks barge
located at 41[deg]20'57.1'' N, 72[deg]05'22.1'' W; and within 1000-feet
of each of the fireworks barges located at 41[deg]21'03.3'' N,
72[deg]05'24.5'' W and 41[deg]20'51.75'' N, 72[deg]05'18.90'' W.
This rulemaking also changes 33 CRF 165.151(b) and (c). These
changes clarify the marking requirements for fireworks barges,
described below, and include marking requirements for fireworks
launches from land within the regulations.
Schedule
The Coast Guard does not know the specific annually recurring dates
of these fireworks display safety zones. Coast Guard Group/MSO Long
Island Sound or Coast Guard Group Moriches will give notice of the
activation of each safety zone by all appropriate means to provide the
widest publicity among the affected segments of the public. This will
include publication in the Local Notice to Mariners. Marine information
and facsimile broadcasts may also be made to notify the public
regarding these events. Broadcast notice to mariners will begin 12 to
24 hours before the event is scheduled to begin. Fireworks barges used
in the locations stated in this rulemaking will also have a sign on
their port and starboard side labeled ``FIREWORKS--STAY AWAY ''. This
will provide on-scene notice that the safety zone the fireworks barge
is located in will be activated on that day. This sign will consist of,
at a minimum, 10'' high by 1.5'' wide red lettering on a white
background. Displays launched from shore sites will have a sign labeled
``FIREWORKS--STAY AWAY'' with the same size requirements.
The enforcement period for each safety zone is from 8 p.m. to 11
p.m. (E.S.T.). However, vessels may enter, remain in, or transit
through these safety zones during this time frame if authorized by the
Captain of the Port Long Island Sound, or designated Coast Guard patrol
personnel on scene, as provided for in 33 CFR 165.23. Mariners may
request permission to transit through these safety zones from the
Captain of the Port Long Island Sound or his on-scene representative.
On-scene representatives are commissioned, warrant, and petty officers
of the U.S. Coast Guard.
This rule is begin established to provide for the safety of life on
navigable waters during the events.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We expect the economic impact of this rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of
[[Page 43763]]
DHS is unnecessary. This regulation may have some impact on the public,
the potential impact will be minimized for the following reasons:
Vessels will only be restricted from the safety zone areas for a 3 hour
period; vessels may transit in all portions of the affected waterways
except for those areas covered by the safety zones; The Coast Guard has
promulgated either safety zones or special local regulations in
accordance with 33 CFR Part 100 for fireworks displays at all 10
locations areas in the past and has not received notice of any negative
impact caused by any of the safety zones or special local regulations.
Additionally, advance notifications will also be made to the local
maritime community by the Local Notice to Mariners well in advance of
the events. Marine information facsimile broadcasts may also be made.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this rule will have a significant economic
impact on a substantial number of small entities. 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. This rule may affect the following entities, some of which
may be small entities: Commercial vessels wishing to transit, fish or
anchor in the portions of the Thames River, Long Island Sound or
Northport Bay covered by this rule. For the reasons outlined in the
Regulatory Evaluation section above, this rule will not have a
significant impact on a substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule will 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 will economically affect it.
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 so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule will
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact LT Andrea K. Logman, Waterways Management
Officer or the Command Center at Coast Guard Group/Marine Safety Office
Long Island Sound, CT, at (203) 468-4429 or (203) 468-4444
respectively.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this rule under Executive Order 13132 and have
determined that this rule does not have implications for federalism
under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This rule does not impose an unfunded mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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 concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This 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.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on how this rule might impact tribal governments, even if
that impact may not constitute a ``tribal implication'' under the
Order.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g. specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
The Coast Guard has considered the environmental impact of this
rule and concluded that, under figure 2-1, paragraph (34)(g) of
Commandant Instruction M16475.1D, this rule is to be categorically
excluded from further environmental documentation. A ``Categorical
Exclusion Determination''
[[Page 43764]]
is available in the docket where indicated under ADDRESSES.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and Recordkeeping
requirements, waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard is amending
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; Department of Homeland Security
Delegation No. 0170.1.
Sec. 100.114 [Amended]
0
2. In the table for Sec. 100.114(a), remove 6.4 and redesignate 6.5
and 6.6 as 6.4 and 6.5 respectively, remove 7.38, 7.39, 7.41 and 7.42,
and redesignate 7.40 as 7.38, and 7.43 through 7.51 as 7.39 through
7.47 respectively.
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 and 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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
4. Revise Sec. 165.151(a)(10) and add new Sec. 165.151(a)(18) to
(26), and revise paragraphs (b) and (c) to read as follows:
Sec. 165.151 Safety Zones; Long Island Sound annual fireworks
displays.
(a) * * *
(10) Mashantucket Pequot Fireworks Safety Zone. All waters of the
Thames River off of New London, CT, within a 1200-foot radius of a
fireworks barge located in approximate position 41[deg]20'57.1'' N,
72[deg]05'22.1'' W; and within 1000-feet of fireworks barges located in
approximate positions: barge one, 41[deg]21'03.3'' N, 72[deg]05'24.5''
W; and barge two, 41[deg]20'51.75'' N, 72[deg]05'18.90'' W.
* * *
(18) Norwich July Fireworks Safety Zone. All waters of the Thames
River within a 600-foot radius of the fireworks launch area in
approximate position 41[deg]31'20.9'' N, 072[deg]04'45.9' W, located
off of Norwich, CT.
(19) Town of Branford Fireworks Safety Zone. All waters of Branford
Harbor off of Branford Point within a 600-foot radius of the fireworks
launch area located on Branford Point in approximate position
41[deg]15'30'' N, 072[deg]49'22'' W.
(20) Vietnam Veterans Local 484/Town of East Haven Fireworks Safety
Zone. All waters of Long Sound off of Cosey Beach, East Haven, CT
within a 1000-foot radius of the fireworks barge in approximate
position 41[deg]14'19'' N, 072[deg]52'9.8'' W.
(21) Westport Police Athletic League Fireworks Safety Zone. All
waters of Long Island Sound off Compo Beach, Westport, CT within a 800-
foot radius of the fireworks barge in approximate position
41[deg]09'2.5'' N, 073[deg]20'1.1'' W.
(22) Westbrook, CT July Celebration Safety Zone. All waters of
Westbrook Harbor in Long Island Sound within a 800-foot radius of the
fireworks barge located in approximate position 41[deg]16'50'' N,
072[deg]26'14'' W.
(23) Norwalk Fireworks Safety Zone. All waters of Long Island Sound
off of Calf Pasture Beach in Norwalk, CT within a 1000-foot radius of
the fireworks barge located in approximate position 40[deg]05'10'' N,
073[deg]23'20'' W.
(24) Town of Stratford Fireworks Safety Zone. All waters of Long
Island Sound off of Short Beach in Stratford, CT, within a 800-foot
radius of the fireworks launch area located in approximate position
41[deg]09'5'' N, 073[deg]06'5'' W.
(25) Old Black Point Beach Association Fireworks Safety Zone. All
waters of Long Island Sound off Old Black Point Beach in East Lyme, CT,
within a 1000-foot radius of the fireworks launch area located on Old
Black Point Beach in approximate position 41[deg]17'34.9'' N,
072[deg]12'55.6'' W.
(26) Village of Asharoken Fireworks Safety Zone. All waters of
Northport Bay off of Asharoken Beach in Asharoken, NY within a 600-foot
radius of the fireworks launch area located in approximate position
40[deg]55'30'' N, 072[deg]21' W.
(b) Notification. Coast Guard Group/Marine Safety Office Long
Island Sound and Coast Guard Group Moriches will cause notice of the
activation of these safety zones to be made by all appropriate means to
effect the widest publicity among the affected segments of the public,
including publication in the local notice to mariners, marine
information broadcasts, and facsimile. Fireworks barges used in these
locations will also have a sign on their port and starboard side
labeled ``FIREWORKS--STAY AWAY''. Displays launched from shore sites
will have a sign labeled ``FIREWORKS--STAY AWAY'' with the same size
requirements. The signs required by this section must consist of red
letters at least 10 inches high, and 1.5 inch thick on a white
background.
(c) Enforcement period. Specific zones in this section will be
enforced from 8 p.m. to 11 p.m. each day a barge or land based launch
site with sign reading ``FIREWORKS--STAY AWAY'' is present in that
zone.
* * * * *
Dated: June 24, 2005.
Robert W. Durfee,
Captain, U.S. Coast Guard, Commander, First Coast Guard District,
Acting.
[FR Doc. 05-15076 Filed 7-28-05; 8:05 am]
BILLING CODE 4910-15-M