[Federal Register: June 20, 2007 (Volume 72, Number 118)]
[Rules and Regulations]
[Page 33892-33894]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn07-19]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-07-065]
RIN 1625-AA00
Safety Zone: City of Long Beach Fireworks, Atlantic Ocean, Long
Beach, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the City of Long Beach Fireworks on the Atlantic Ocean off of Riverside
Boulevard, Long Beach, NY. The safety zone is necessary to protect the
life and property of the maritime community from the hazards posed by
the fireworks display. Entry into or movement within this safety zone
during the enforcement period is prohibited without approval of the
Captain of the Port, Long Island Sound.
DATES: This rule is effective from 8:30 p.m. on July 6, 2007 to 10:30
p.m. on July 7, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-07-065 and will be available for
inspection or copying at Sector Long Island Sound, New Haven, CT,
between 9 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant D. Miller, Chief, Waterways
Management Division, Coast Guard Sector Long Island Sound at (203) 468-
4596.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The Coast Guard did not
receive an Application for Approval of Marine Event for this event in
sufficient time to conduct a notice and comment period, thereby making
an NPRM impracticable. A delay or cancellation of the fireworks display
in order to accommodate a full notice and comment period would be
contrary to the pubic interest.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Any delay encountered in this
regulation's effective date would be impracticable and contrary to
public interest since immediate action is needed to prevent vessel
traffic from transiting a navigable portion of the Atlantic Ocean, near
Long Beach, NY and to protect the maritime public from the hazards
associated with this fireworks event.
The temporary zone should have minimal negative impact on the
public and navigation because it will be enforced for a two hour period
on a single day and the area closed by the safety zone is minimal, thus
allowing vessels to transit around the safety zone on the Atlantic
Ocean, near Long Beach, NY.
Background and Purpose
The City of Long Beach Fireworks display will be taking place in
the Atlantic Ocean off Riverside Blvd., Long Beach, NY from 8:30 p.m.
to 10:30 p.m. on July 6, 2007. If the fireworks display is cancelled
due to inclement weather on July 6, 2007, it will take place from
[[Page 33893]]
8:30 p.m. to 10:30 p.m. on July 7, 2007. This safety zone is necessary
to protect the life and property of the maritime public from the
hazards posed by the fireworks display. It will protect the maritime
public by prohibiting entry into or movement within the navigable
portion of the Atlantic Ocean one hour prior to, during, and one hour
after the stated event.
Discussion of Rule
This regulation establishes a temporary safety zone on the
navigable waters of the Atlantic Ocean, near Long Beach, NY within a
1200-foot radius of the fireworks barge located at approximate position
40[deg]34'38.77'' N, 073[deg]39'41.32'' W. The temporary safety zone
will be outlined by temporary marker buoys installed by the event
organizers.
This action is intended to prohibit vessel traffic in a navigable
portion of the Atlantic Ocean, near Long Beach, NY to provide for the
protection of life and property of the maritime public. The safety zone
will be enforced from 8:30 p.m. until 10:30 p.m. on July 6, 2007 or if
the event is postponed due to inclement weather, from 8:30 p.m. to
10:30 p.m. on July 7, 2007. Marine traffic may transit safely outside
of the safety zone during the event thereby allowing navigation of the
rest of the Atlantic Ocean except for the portion delineated by this
rule.
The Captain of the Port anticipates minimal negative impact on
vessel traffic because of this safety zone due to the limited area and
duration covered by this regulation. Public notifications will be made
prior to the effective period via local notice to mariners and marine
information broadcasts.
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.
This regulation may have some impact on the public, but the
potential impact will be minimized for the following reasons: Vessels
will only be excluded from the area of the safety zone for two hours
and vessels will be able to operate in other areas of the Atlantic
Ocean, near Long Beach, NY during the enforcement period.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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: The owners or operators of vessels intending to transit
or anchor in those portions of the Atlantic Ocean covered by the safety
zone. 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 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 offered to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking. If this rule will
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please call Lieutenant D. Miller, Chief, Waterways
Management Division, Sector Long Island Sound, at (203) 468-4596.
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.
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
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
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 will 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 will 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
[[Page 33894]]
responsibilities between the Federal Government and Indian tribes.
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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it 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
We have analyzed this rule under Commandant Instruction M16475.1D
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of the
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation as the rule establishes a safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 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 amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. 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, 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 temporary Sec. 165.T01-065 to read as follows:
Sec. 165.T01-065 Safety Zone: City of Long Beach Fireworks, Atlantic
Ocean, Long Beach, NY.
(a) Location. The following area is a safety zone: All navigable
waters of the Atlantic Ocean in a 1200-foot radius of a fireworks barge
located at approximate position 40[deg]34'38.77'' N, 073[deg]39'41.32''
W.
(b) Definition. The following definition applies to this section:
Designated on-scene patrol personnel, means any commissioned, warrant,
and petty officer of the U.S. Coast Guard operating a Coast Guard
vessel who has been authorized to act on the behalf of the Captain of
the Port, Long Island Sound.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) In accordance with the general regulations in Sec. 165.23 of
this part, entry into or movement within these zones is prohibited
unless authorized by the Captain of the Port, Long Island Sound.
(3) All persons and vessels shall comply with the Coast Guard
Captain of the Port, Long Island Sound or designated on-scene patrol
personnel.
(4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel shall proceed
as directed.
(5) Persons and vessels may request permission to enter the zone on
VHF-16 or via telephone at (203) 468-4401.
(c) Enforcement period. This section will be enforced from 8:30
p.m. to 10:30 p.m. on Friday, July 6, 2007. If the fireworks display is
cancelled due to inclement weather, it will be enforced from 8:30 p.m.
to 10:30 p.m. on Saturday, July 7, 2007.
Dated: June 5, 2007.
J.J. Plunkett,
Commander, U.S. Coast Guard, Captain of the Port, Long Island Sound,
Acting.
[FR Doc. E7-11879 Filed 6-19-07; 8:45 am]
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