[Federal Register: May 5, 2005 (Volume 70, Number 86)]
[Proposed Rules]
[Page 23821-23824]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my05-19]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise regulations governing
safety zones for fireworks displays in Long Island Sound. This revision
would establish 9 new permanent safety zones, would revise the location
for one established fireworks safety zone, and would amend 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: Comments and related material must reach the Coast Guard on or
before May 25, 2005.
ADDRESSES: You may mail comments and related material to U.S. Coast
Guard Group/MSO Long Island Sound, 120 Woodward Ave, New Haven,
Connecticut 06512. Coast Guard Group/Marine Safety Office Long Island
Sound maintains the public docket (CGD01-05-012) for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at Group/Marine Safety Office 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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-05-
012), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
If, as we anticipate we make this temporary final rule effective
less than 30 days after publication in the Federal Register, we will
explain in that publication, as required by 5 U.S.C. (d)(3), our good
cause for doing so.
Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for a meeting by writing to the U.S. Coast Guard Group/Marine
Safety Office at the address listed under ADDRESSES explaining why one
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.
Background and Purpose
The Coast Guard proposes to revise 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 would add 9 permanent safety zones and revises one current
safety zone that would 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 being proposed are for annual
events that do not currently have permanent safety zones or special
local regulations.
The events for which safety zones are proposed 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 will revise 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 would 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 proposed regulation would 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 proposed zones.
Discussion of Proposed Rule
The Coast Guard proposes to revise 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 also proposes to revise 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
[[Page 23822]]
Protection Association Standard 1123, Code for Fireworks Displays (100-
foot distance per inch of diameter of the fireworks mortars). Proposed
barge locations and mortar sizes were determined to ensure the proposed
safety zone locations would not interfere with any known marinas or
piers. The 9 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposes to change 33 CFR 165.151(b) and (c).
These changes would clarify the marking requirements for fireworks
barges, described below, and would 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 would have a
sign labeled ``FIREWORKS--STAY AWAY'' with the same size requirements.
The enforcement period for each proposed 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 being proposed to provide for the safety of life on
navigable waters during the events.
Regulatory Evaluation
This proposed 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 DHS is unnecessary. This regulation may have
some impact on the public, but the potential impact would 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 proposed zones; the Coast Guard has promulgated either safety zones
or special local regulations in accordance with 33 CFR part 100 for
[[Page 23823]]
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 and
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 proposed rule would 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 proposed
rule would 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 the proposed rule. For the
reasons outlined in the Regulatory Evaluation section above, this rule
would 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 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.
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 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 proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this proposed rule under Executive Order 13132 and
have determined that this rule would 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 proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed 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 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.
Protection of Children
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 does not
concern an environmental risk to health or risk to safety that may
disproportionately affect children.
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.
Energy Effects
We have analyzed this proposed 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
proposed rule and concluded that, under figure 2-1, paragraph (34)(g)
of Commandant Instruction M16475.1D, this proposed rule would be
categorically excluded from further environmental documentation. A
``Categorical Exclusion Determination'' 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.
[[Page 23824]]
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
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.
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; and 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
3. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1225 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.
4. Revise Sec. 165.151(a)(10), add new Sec. 165.151 (a)(18) to
(26), and revise paragraph (b) 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 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.
(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 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 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 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.
* * * * *
Dated: April 25, 2005.
Peter J. Boynton,
Captain, U. S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 05-8940 Filed 5-4-05; 8:45 am]
BILLING CODE 4910-15-P