[Federal Register Volume 64, Number 133 (Tuesday, July 13, 1999)]
[Rules and Regulations]
[Pages 37679-37681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17809]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-115]
RIN 2115-AA97
Safety Zone: T E L Enterprises Fireworks Display, Great South Bay
off Davis Park, NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for the T E L
[[Page 37680]]
Enterprises Fireworks Display to be held in Great South Bay off Davis
Park, N.Y. on August 7, 1999. This safety zone is needed to protect
persons, facilities, vessels and others in the maritime community from
the safety hazards associated with this fireworks display. Entry into
this safety zone is prohibited unless authorized by the Captain of the
Port.
EFFECTIVE DATE: This regulation is effective from August 7, 1999, at
7:45 p.m. until 8:45 p.m. on August 8, 1999. For rain dates for this
event, refer to the regulatory text set out in this rule.
ADDRESSES: Documents relating to this temporary final rule are
available for inspection and copying at U.S. Coast Guard Group Long
Island Sound, 120 Woodward Avenue, new Haven, CT 06512. Normal office
hours are between 8 a.m. and 4 p.m., Monday through Friday, except
holidays. Comments may also be faxed to this address. The fax number is
(203) 468-4445.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander T.J. Walker,
Chief of Port Operations, Captain of the Port, Long Island Sound at
(203) 468-4444.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, good cause exists for not publishing a
notice of proposed rulemaking (NPRM) and for making this rule effective
in less than 30 days after Federal Register publication. The sponsor of
the event did not provide the Coast Guard with the final details for
the event in sufficient time to publish a NPRM or a final rule 30 days
in advance. The delay encountered if normal rulemaking procedures were
followed would effectively cancel the event. Cancellation of this event
is contrary to the public interest since the fireworks display is for
the benefit of the public.
Background and Purpose
T E L Enterprises is sponsoring a 15 minute fireworks display in
Great South Bay off Davis Park, N.Y. The fireworks display will occur
on August 7, 1999, from 8:15 p.m. until 8:30 p.m. The safety zone
covers all waters of Great South Bay within a 600 foot radius of the
fireworks launching barge which will be located in approximate position
40 deg.41'17''N, 073 deg.00'20''W (NAD 1983). This zone is required to
protect the maritime community from the dangers associated with this
fireworks display. Entry into or movement within this zone will be
prohibited unless authorized by the Captain of the Port or his on-scene
representative.
Regulatory Evaluation
This temporary final 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. It has been exempted from review by the Office of
Management and Budget 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). The Coast Guard expects the
economic impact of this proposal to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary. This safety zone involves only a
portion of Great South Bay off Davis Park and entry into this zone will
be restricted for only 60 minutes on August 7, 1999. Although this
regulation prevents traffic from transiting this section of Great South
Bay, the effect of this regulation will not be significant for several
reasons: The duration of the event is limited; the event is at a late
hour; all vessel traffic may safely pass around this safety zone; and
extensive, advance maritime advisories will be made.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this proposal would have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and (2) governmental jurisdictions
with populations of less than 50,000.
For the reasons addressed under the Regulatory Evaluation above,
the Coast Guard finds that this rule will not have a significant impact
on a substantial number of small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612, and has
determined that these regulations do not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104), the
Coast Guard must consider whether this rule will result in an annual
expenditure by state, local, and tribal governments, in aggregate of
$100 million (adjusted annually for inflation). If so, the Act requires
that a reasonable number of regulatory alternatives be considered, and
that from those alternatives, the least costly, most cost-effective, or
least burdensome alternative that achieves the objective of the rule by
selected. No state, local, or tribal government entities will be
affected by this rule, so this rule will not result in annual or
aggregate costs of $100 million or more. Therefore, the Coast Guard is
exempt from any further regulatory requirements under the Unfunded
Mandates Act.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that under Figure 2-1, paragraph 34(g), of
Commandant Instruction, M 16475.C, this rule is categorically excluded
from further environmental documentation. A written Categorical
Exclusion Determination is available in the docket for inspection or
copying where indicated under ADDRESSES.
Other Executive Orders on the Regulatory Process
In addition to the statutes and Executive Orders already addressed
in this preamble, the Coast Guard considered the following executive
orders in developing this final rule and reached the following
conclusions:
E.O. 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights. This final rule will not
effect a taking of private property or otherwise have taking of private
property or otherwise have taking implications under this order.
E.O. 12875, Enhancing the Intergovernmental Partnership. This final
rule meets applicable standards in sections 3(a) and 3(b)(2) of this
order to minimize litigation, eliminate ambiguity, and reduce burden.
E.O. 13405, Protection of Children from Environmental Health Risks
and Safety Risks. This final rule is not an economically significant
rule and does not concern an environmental risk to safety
disproportionately affecting children.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, Waterways.
[[Page 37681]]
Regulation
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--[AMENDED]
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 and 160.5; 49 CFR 1.46. Section 165.100 is also
issued under authority of Sec. 311, Pub. L. 105-383.
2. Add temporary Sec. 165.T01-115 to read as follows:
Sec. 165.T01-115. T E L Enterprises Fireworks Display, Great South Bay
off Davis Park, N.Y.
(a) Location. The safety zone includes all waters of Great South
Bay within a 600 foot radius of the launch barge located in approximate
position 40 deg.41'17''N, 073 deg.00'20''W (NAD 1983).
(b) Effective date. This section is effective on August 7, 1999
from 7:45 p.m. until 8:45 p.m. August 8, 1999, at the same times as the
scheduled rain date for this event.
(c) Regulations. (1) The general regulations covering safety zones
contained in Sec. 165.23 of this part apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. U.S. Coast Guard patrol personnel include commissioned,
warrant, and petty officers of the Coast Guard. Upon being hailed by a
U.S. Coast Guard Vessel via siren, radio, flashing light, or other
means, the operator of a vessel shall proceed as directed.
P.K. Mitchell,
Captain, Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 99-17809 Filed 7-12-99; 8:45 am]
BILLING CODE 4910-15-M
