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Safety Zone; Long Island Sound, Thames River, Great South Bay, Shinnecock Bay, Connecticut River and the Atlantic Ocean Annual Fireworks Displays
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 7, 2001 (Volume 66, Number 152)]
[Proposed Rules]
[Page 41170-41174]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au01-24]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-01-077]
RIN 2115-AA97
Safety Zone; Long Island Sound, Thames River, Great South Bay,
Shinnecock Bay, Connecticut River and the Atlantic Ocean Annual
Fireworks Displays
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish 17 permanent safety
zones for fireworks displays located on or in Long Island Sound, the
Atlantic Ocean, the Thames River, Great South Bay, Shinnecock Bay and
the Connecticut River. This action is necessary to provide for the
safety of life on
[[Page 41171]]
navigable waters during the events. This action establishes permanent
exclusion areas that are only active shortly prior to the start of the
fireworks display until shortly after the fireworks display is
completed, and it is intended to restrict vessel traffic in a small
portion of the affected waterways.
DATES: Comments and related material must reach the Coast Guard on or
before October 9, 2001.
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. The Command Center maintains the public docket
(CGD01-01-077) 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 the Command Center, Coast Guard
Group/MSO Long Island Sound, between 7:30 a.m. and 4:00 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Chris Stubblefield, Marine
Safety Office Supervisor, Coast Guard Group/MSO Long Island Sound,
Connecticut (203) 468-4444.
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 (CGD01-01-
077), 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.
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 establish 17 permanent safety zones
that will be activated for fireworks displays that normally occur on an
annual basis and are normally held in one of the following 17
locations: on the Connecticut River off of Old Saybrook, CT; on the
Connecticut River off Hartford, CT; in Greenwich Harbor on Long Island
Sound, CT; in Long Island Sound off Madison, CT; in Long Island Sound
off Rowayton, CT; in New Haven Harbor on Long Island Sound, CT; in Long
Island Sound off Groton Long Point in Groton, CT; in Cold Springs
Harbor on Long Island Sound, NY; in Shinnecock Bay off Southampton, NY;
in Great South Bay off Davis Park, NY; in Great South Bay off
Patchogue, NY; in Great South Bay off Cherry Cove, NY; and in the
Atlantic Ocean off Sagaponack, 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 for
fireworks displays at all of these 17 areas in the past and has
received no public comments or concerns on the impact to waterway
traffic from these annually recurring zones.
While this proposed regulation would prevent vessels from
transiting areas made hazardous from the launching of fireworks, the
proposed safety zone would not prevent vessels from transiting effected
bodies of waters by simply transiting around the proposed safety zones.
Additionally, vessels would not be precluded from mooring at or getting
underway from commercial or recreational piers in the vicinity of any
of the 17 proposed safety zones.
Discussion of Proposed Rule
The Coast Guard proposes to add a new section to 33 CFR part 165,
which would include these 17 new safety zones for fireworks displays
that occur on a regular basis in the same locations. The sizes of these
safety zones were determined using Captain of the Port Long Island
Sound local policy for each fireworks displays (100 feet distance per
inch of diameter of the mortars), combined with the Coast Guard's
knowledge of tide and current conditions in these areas. 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 17 proposed safety zones, divided into their respective
bodies of water, are described below. All coordinates reference 1983
North American Datum (NAD 83).
Connecticut River
There are three proposed safety zones for the Connecticut River.
The proposed safety zone for the annual Arnold L. Chase fireworks
display encompasses all waters of the Connecticut River within a 600
foot radius of the fireworks barge in approximate position
41 deg.15'56"N, 072 deg.21'49"W, located off Fenwick Pier, Old
Saybrook, CT. The proposed safety zone for the annual Saybrook Summer
Pops fireworks display encompasses all waters of Connecticut River
within a 600 foot radius of the fireworks barge located in approximate
position 41 deg.17'35"N, 072 deg.21'20"W, located north of the dock on
Saybrook Point, Old Saybrook, CT. The proposed safety zone for the
annual Riverfest Fireworks display encompasses all waters of the
Connecticut River within a 600 foot radius of the fireworks barge
located in approximate position 41 deg.45'34"N, 072 deg.39'37"W,
located in Hartford, CT.
Thames River
There are two proposed safety zones for the Thames River. The
proposed zone for the annual Mashantucket Pequot fireworks display
encompasses all waters of the Thames River within a 1200 foot radius of
the fireworks barges located in approximate positions; barge one,
41 deg.21'01"N, 072 deg.05'25"W, barge two, 41 deg.20'58"N,
072 deg.05'23"W, barge three, 41 deg.20'53"N, 072 deg.05'21"W, located
off New London, CT. The proposed safety zone for the annual Harbor Day
Fireworks display encompasses all waters of the Thames River within a
600 foot radius of the fireworks barge in approximate position
41 deg.31'14"N, 072 deg.04'44"W, located off the marina at the American
Warf, Norwich, CT.
Long Island Sound
There are seven proposed safety zones for Long Island Sound. The
proposed safety zone for the annual Indian Harbor Yacht Club fireworks
display encompasses all waters of Captains Harbor within an 800 foot
radius of the fireworks barge located in approximate position
41 deg.00'35"N, 073 deg.37'05"W, located off of Greenwich, CT. The
proposed safety zone for the annual Madison Cultural Arts fireworks
display encompasses all waters of Long Island Sound off the city of
Madison within an 800 foot radius of the fireworks barge in approximate
position 41 deg.16'10"N, 072 deg.36'30"W. The proposed safety zone for
the annual City of Rowayton fireworks display encompasses all waters of
Sheffield Channel on Long Island Sound off Ballast Reef, CT, within a
1000 foot radius of the
[[Page 41172]]
fireworks barge in approximate position 41 deg.03'11"N,
073 deg.26'41"W. The proposed safety zone for the annual City of West
Haven fireworks display encompasses all waters of New Haven Harbor in
Long Island Sound off Bradley Point within a 1200 foot radius of the
fireworks barge located in approximate position 41 deg.15'07"N,
072 deg.57'26"W. The proposed safety zone for the annual New Haven
Festival fireworks display encompasses all waters of New Haven Harbor
in Long Island Sound within a 1200 foot radius of the fireworks barge
located in approximate position 40 deg.17'31"N, 072 deg.54'48"W.
The proposed safety zone for the annual Groton Long Point Yacht
Club fireworks display encompasses all waters of Long Island Sound off
of Groton Long Point in Groton, CT, within a 600 foot radius of the
fireworks barge located in approximate position 41 deg.18'05"N,
072 deg.02'08"W. The proposed safety zone for the annual Yampol Family
fireworks display encompasses all waters of Long Island Sound off Cove
Neck, NY, within a 1200 foot radius of the fireworks barge located in
approximate position 40 deg.53'00"N, 073 deg.29'13"W.
Shinnecock Bay (Off Southampton, NY)
The proposed safety zone for the annual Southampton Fresh Air Home
fireworks display encompasses all waters of Shinnecock Bay off
Southampton, NY within a 600 foot radius of the fireworks barge located
in approximate position 40 deg.51'48"N, 072 deg.28'30"W.
Great South Bay (Off Long Island, NY)
The proposed safety zone for the annual T.E.L. Enterprises
fireworks display encompasses all waters of Great South Bay off Davis
Park, NY within a 600 foot radius of the fireworks barge located in
approximate position 40 deg.41'17"N, 073 deg.00'20"W. The proposed
safety zone for the annual Patchogue Chamber of Commerce fireworks
display encompasses all waters of Great South Bay off Patchogue, NY
within an 800 foot radius of the fireworks barge located in approximate
position 40 deg.44'38"N, 073 deg.00'33"W.
The proposed safety zone for the annual Fire Island Tourist Bureau
fireworks display encompasses all waters of Great South Bay off Cherry
Grove, NY within a 600 foot radius of the fireworks barge located in
approximate position 40 deg.35'45"N, 073 deg.05'23"W. Atlantic Ocean
(Off Sagaponack, NY)
The proposed safety zone for the annual Treibeck's fireworks
display encompasses all waters of the Atlantic Ocean off Sagaponack, NY
within a 1200 foot radius of the fireworks barge located in approximate
position 40 deg.54'04" N, 072 deg.16'50" W.
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 for these events, beginning
12 to 24 hours before the event is scheduled to begin, to notify the
public. The Coast Guard expects that this wide notice of the activation
of each permanent safety zone detailed in this rulemaking will normally
be made between 30 and 45 days before the zone is actually activated.
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 10'' high by 1.5'' wide red lettering on a white
background. Displays launched from shore sites have a sign labeled
``FIREWORKS--STAY AWAY'' with the same size requirements. There will
also be a Coast Guard patrol vessel, if deemed necessary by the Captain
of the Port, on scene 30 minutes before the display is scheduled to
start until 15 minutes after its completion to enforce each safety
zone.
The effective 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. Generally,
blanket permission to enter, remain in, or transit through these safety
zones will be given except for the 45-minute period that a Coast Guard
patrol vessel is present. These proposed safety zones would not create
a significant economic impact on marine traffic due to the following:
the minimal time that vessels will be restricted from the zones, all of
the zones are in areas where the Coast Guard expects insignificant
adverse impact on all mariners, all of the displays take place at
night, and the Coast Guard has promulgated safety zones for fireworks
displays at all 17 areas in the past and we have not received notice of
any negative impact caused by any of the safety zones. Additionally,
marine traffic can plan transits through these areas around the time
the safety zones are in effect.
This rule is being proposed to provide for the safety of life on
navigable waters during the events and to facilitate the opportunity
for the public to comment on the proposed zones, and to decrease the
amount of required annual paperwork.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 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 Transportation (DOT) (44 FR 11040,
February 26, 1979).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
This finding is based on the minimal time that vessels will be
restricted from the zones. Vessels may also still transit through these
zones except for the 45 minute period that a Coast Guard Patrol vessel
is present and all of the zones are in areas where the Coast Guard
expects insignificant adverse impact on all mariners from the zones'
activation. All of the displays take place late at night. The Coast
Guard has promulgated safety zones for fireworks displays at all 17
areas in the past and we have not received notice of any negative
impact caused by any of the safety zones. Additionally, marine traffic
can plan their transits through these areas around the time the safety
zones are in effect. Advance notifications will also be made to the
local maritime community by the Local Notice to Mariners. Marine
information and facsimile broadcasts may also be made.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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
[[Page 41173]]
governmental jurisdictions with populations of less than 50,000.
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.
This proposed rule will 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 Connecticut River,
Thames River, Shinnecock Bay, Great South Bay, Long Island Sound and
the Atlantic Ocean during the times these zones are activated.
These safety zones will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic can transit around all 17 safety zones. Vessels will not be
precluded from getting underway, or mooring at, any piers or marinas
currently located in the vicinity of the proposed safety zones. Before
the effective period, we will issue maritime advisories widely
available to users of Long Island Sound, the Connecticut and Thames
River, Great South Bay, Shinnecock Bay, the Atlantic Ocean and of
Connecticut/New York by local notice to mariners. Marine information
and facsimile broadcasts may also be made.
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 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 Chief Petty Officer Chris
Stubblefield, in the Command Center at Coast Guard Group/Marine Safety
Office Long Island Sound, CT, at (203) 468-4444.
Collection of Information
This proposed rule will 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 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 proposed rule will 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.
Environment
We considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraph 34(g), of Commandant
Instruction M16475.1C, this proposed rule is categorically excluded
from further environmental documentation. This proposed rule fits
paragraph 34(g) as it establishes 17 safety zones. A ``Categorical
Exclusion Determination'' is 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.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. Add new Sec. 165.151 to read as follows:
Sec. 165.151 Safety Zones; Long Island Sound, Thames River, Great
South Bay, Shinnecock Bay, Connecticut River and the Atlantic Ocean
Annual Fireworks Displays.
(a) Safety zones. The following areas are designated safety zones.
All coordinates reference 1983 North American Datum (NAD83).
(1) Indian Harbor Yacht Club Fireworks Safety Zone.
All waters of Long Island Sound off Greenwich CT, within a 800 foot
radius of the fireworks barge located in approximate position
41 deg.00'35" N, 073 deg.37'05" W.
(2) City of Rowayton Fireworks Safety Zone. All waters of Long
Island Sound in Sheffield Channel off of Ballast Reef within a 1000
foot radius of the fireworks barge located in approximate position
41 deg.03'11" N, 073 deg.26'41" W.
(3) The Yampol Family Fireworks Safety Zone. All waters of Long
Island Sound off Cold Springs Harbor, Cove
[[Page 41174]]
Neck New York within a 1200 foot radius of the fireworks barge located
in approximate position 40 deg.53'00" N, 073 deg.29'13" W.
(4) Groton Long Point Yacht Club Fireworks Safety Zone. All waters
of Long Island Sound off of Groton Long Point, Groton, CT, within a 600
foot radius of the fireworks barge in approximate position
41 deg.18'05" N, 072 deg.02'08" W.
(5) City of West Haven Fireworks Safety Zone. All waters of New
Haven Harbor on Long Island Sound off Bradley Point within a 1200 foot
radius of the fireworks barge in approximate position 41 deg.15'07" N,
072 deg.57'26" W.
(6) New Haven Festival Fireworks Safety Zone. All waters of New
Haven Harbor on Long Island Sound within a 1200 foot radius of the
fireworks barge in approximate position 40 deg.17'31" N, 072 deg.54'48"
W.
(7) Madison Cultural Arts Fireworks Safety Zone. All the waters of
Long Island Sound located off the City of Madison within an 800 foot
radius of the fireworks barge in approximate position 41 deg.16'10" N,
072 deg.36'30" W.
(8) Arnold L. Chase Fireworks Safety Zone. All waters of
Connecticut River within a 600 foot radius of the fireworks barge
located in approximate position 41 deg.15'56" N, 072 deg.21'49" W,
about 100 yards off Fenwick Pier.
(9) Saybrook Summer Pops Fireworks Safety Zone. All waters of
Connecticut River within a 600 foot radius of the fireworks barge
located in approximate position 41 deg.17'35" N, 072 deg.21'20" W.
(10) Mashantucket Pequot Fireworks Safety Zone. All waters of
Thames River within a 1200 foot radius of the fireworks barges located
in approximated positions: barge one, 41 deg.21'01" N, 072 deg.05'25"
W, barge two, 41 deg.20'58" N, 072 deg.05'23" W, barge three,
41 deg.20'53" N, 072 deg.05'21" W, located off New London, CT.
(11) Harbor Day Fireworks Safety Zone. All waters of Thames River
within a 600 foot radius of the fireworks barge located in approximate
position 41 deg.31'14" N 072 deg.04'44" W , located off American Warf
Marina, Norwich, CT.
(12) Riverfest Fireworks Safety Zone. All the waters of the
Connecticut River within a 600 foot radius of the fireworks barge
located in approximate position 41 deg.45'34" N, 072 deg.39'37" W.
(13) Southampton Fresh Air Home Fireworks Safety Zone. All the
waters of Shinnecock Bay within a 600 foot radius of the fireworks
barge located in approximate position 40 deg.51'48" N, 072 deg.28'30"
W, off of Southampton, NY.
(14) T.E.L. Enterprises Fireworks Safety Zone. All the waters of
Great South Bay within a 600 foot radius of the fireworks barge located
in approximate position 40 deg.41'17" N, 073 deg.00'20" W, off of Davis
Park, NY.
(15) Patchogue Chamber of Commerce Fireworks Safety Zone. All the
waters of Great South Bay within an 800 foot radius of the fireworks
barge located in approximate position 40 deg.44'38" N, 073 deg.00'33"
W, off of Patchogue, NY.
(16) Fire Island Tourist Bureau Fireworks Safety Zone. All the
waters of Great South Bay within a 600 foot radius of the fireworks
barge located in approximate position 40 deg.35'45" N, 073 deg.05'23"
W, off of Cherry Cove, NY.
(17) Treibeck's Party Fireworks Safety Zone. All the waters of the
Atlantic Ocean within a 1200 foot radius of the fireworks barge located
in approximate position 40 deg.54'04" N, 072 deg.16'50" W, off of
Sagaponack, NY.
(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'' with the same dimensions listed
previously.
(c) Enforcement period. Specific zones in this section will be
enforced from 8 p.m. to 11 p.m. (e.s.t.) each day a barge with a
``FIREWORKS--STAY AWAY'' sign is posted in that zone.
Vessels may not enter, remain in, or transit through these safety
zones during this time frame unless authorized by the Captain of the
Port Long Island Sound or designated Coast Guard patrol personnel on
scene.
Dated: June 4, 2001.
David P. Pekoske,
Captain, U. S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 01-19726 Filed 8-6-01; 8:45 am]
BILLING CODE 4910-15-P