[Federal Register Volume 76, Number 85 (Tuesday, May 3, 2011)]
[Proposed Rules]
[Pages 24843-24846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10664]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0148]
RIN 1625-AA00
Safety Zone; Rudey/Braga Wedding Fireworks Display, Cos Cob
Harbor, Greenwich, CT
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
around a fireworks display in Cos Cob Harbor, Greenwich, CT, located
within the Captain of the Port (COTP) Sector Long Island Sound zone.
This action is necessary to provide for the safety of life on navigable
waters during the event. Entering into, transiting through, mooring or
anchoring within this zone is prohibited unless authorized by the COTP
Sector Long Island Sound.
DATES: Comments and related material must be received by the Coast
Guard on or before June 2, 2011.
Requests for public meetings must be received by the Coast Guard on
or before May 18, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0148 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: 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.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Chief Petty Officer Hugh Hamilton, Prevention
Department, Coast Guard Sector Long Island Sound, 203-468-4459, e-mail
[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:
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.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0148), 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 (via 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 via http://www.regulations.gov, 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 e-mail 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,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2011-0148'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8[frac12] 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.
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,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0148'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
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
[[Page 24844]]
Act notice regarding our public dockets in the January 17, 2008, issue
of the Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before May 18, 2011 using one of the four methods
specified under ADDRESSES. 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.
Basis and Purpose
The legal basis for the proposed rule is 33 U.S.C. 1226, 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295,
116 Stat. 2064; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to define safety
zones.
This rule is necessary to ensure the safety of vessels and
spectators from hazards associated with fireworks events. The COTP Long
Island Sound has determined that fireworks events in close proximity to
the navigational channel and Special Anchorage Area pose a significant
risk to public safety and property. Such hazards include obstructions
to the waterway that may cause marine casualties and the explosive
danger of fireworks and debris falling into the water that may cause
death or serious bodily harm. Establishing a safety zone around the
location of this fireworks event will help ensure the safety of persons
and property and help minimize the associated risks.
Discussion of Rule
This safety zone is necessary to ensure the safety of participants,
spectators, and vessels during the Rudey and Braga Fireworks event in
the COTP Long Island Sound zone as this event may pose a hazard to the
public.
The Rudey and Braga families will be hosting a fireworks display as
part of a wedding celebration in Greenwich, CT, directly off a private
estate in Cos Cob Harbor.
This rule proposes to create a 600 foot safety zone on the
navigable waters around the launch site located at approximately
41[deg]00'59'' N, 073[deg]36'05'' W. The safety zone will be in place
30 minutes prior to the event until 30 minutes after the event
concludes.
The particular size of the proposed safety zone established for
this event was evaluated in accordance with Navigational and Vessel
Inspection Circular (NVIC) 07-02; Marine Safety at Firework Displays;
the National Fire Protection Association Standard 1123, Code for
Fireworks Displays (30-yard distance per inch of diameter of the
fireworks mortars), and other pertinent regulations and publications.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
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,
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.
The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: The regulated area will be
of limited duration, there is very little impingement onto the
navigable waterway, and the event is designed to avoid, to the extent
possible, deep draft, fishing, and recreational boating traffic routes.
Persons and/or vessels may enter a safety zone if they obtain
permission from the Coast Guard COTP, Long Island Sound.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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. Persons and/or vessels may enter this safety
zone if they obtain permission from the Coast Guard COTP, Long Island
Sound.
This proposed rule may affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in a portion of the Cos Cob Harbor from 9 p.m. to
10:15 p.m. on June 25th, 2011.
This proposed safety zone would not have a significant economic
impact on a substantial number of small entities for the following
reasons. This temporary safety zone would be activated and enforced for
only 1 hour and 15 minutes in an area where vessel traffic is expected
to be minimal. Vessel traffic could pass safely around the safety zone
through the navigational channel. Persons and/or vessels may enter a
safety zone if granted permission from the Coast Guard COTP, Long
Island Sound.
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 (Public Law 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 would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Chief Petty Officer Hugh
Hamilton, Prevention Department, Coast Guard Sector Long Island Sound,
(203) 468-4459 or e-mail [email protected]. 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.
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
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 proposed 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
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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 expenditure,
we do discuss the effects of this rule elsewhere in this preamble.
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.
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 would not
create an environmental risk to health or risk to safety that might
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. 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
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 which do not individually or cumulatively have a
significant effect on the human environment. This rule is categorically
excluded, under figure 2-1, paragraph (34)(g), of the Instruction. This
proposed rule involves the establishment of a safety zone. A
preliminary environmental analysis checklist supporting this
determination is 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
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 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.
2. Add Sec. 165.T01-0148 to read as follows:
Sec. 165.T01-0148 Safety Zone; Rudey/Braga Wedding Fireworks Display,
Cos Cob Harbor, Greenwich, CT.
(a) Location. The following is a Safety Zone: All waters of Long
Island Sound in Cos Cob Harbor within a 600-foot radius of the
fireworks barge located in approximate position 41[deg]00'59'' N,
073[deg]36'05'' W.
(b) Notification. Coast Guard Sector Long Island Sound will cause
notice of the enforcement of this temporary safety zone to be made by
all appropriate means to affect the widest publicity among the effected
segments of the public, including publication in the Local Notice to
Mariners and Broadcast Notice to Mariners.
(c) Enforcement Period. This section will be enforced on 25 June,
2011, from 9 p.m. until 10:15 p.m.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply. During the enforcement period, entering into, transiting
through, mooring or anchoring within this safety zone is prohibited
unless authorized by the Captain of the Port or the designated on-scene
representatives.
(2) This temporary safety zones is closed to all vessel traffic,
except as may be permitted by the Captain of the Port or the designated
on-scene representative. The COTP or the designated on scene
representative may be contacted via VHF Channel 16 or by telephone at
(203) 468-4404.
(3) The ``on-scene representative'' of the COTP Long Island Sound
is any Coast Guard commissioned, warrant, or petty officer who has been
designated by the COTP to act on his behalf. The on-scene
representative of the COTP Long Island Sound may be aboard either a
Coast Guard or Coast Guard Auxiliary vessel.
(4) Vessel operators given permission to enter or operate in the
safety zone must comply with all directions given to them by the
Captain of the Port or the designated on-scene representative.
(5) The Captain of the Port or the designated on-scene
representative may direct the delay, cancellation, or relocation of the
specific area to be regulated within the generally described locations
listed to ensure safety and compliance with environmental laws. Such
changes in implementation of the safety zone may be required as a
result of factors that could affect their associated marine events such
as weather, vessel traffic density, spectator
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activities, participant behavior or potential environmental impacts.
Dated: April 12, 2011.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2011-10664 Filed 5-2-11; 8:45 am]
BILLING CODE 9110-04-P