[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Rules and Regulations]
[Pages 71023-71025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32884]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD 01-99-184]
RIN 2115-AA97
Safety Zone: New Years Eve '99 Fireworks Display, Southampton, NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for the New
Years Eve '99 Fireworks Display to be held off of Fairlee St.,
Southampton, NY, on December 31, 1999. This action is needed to protect
persons, facilities, vessels and others in the maritime community from
the safety hazards associated with this fireworks display.
[[Page 71024]]
Entry into this safety zone is prohibited unless authorized by the
Captain of the Port.
DATES: This rule is effective from 11:30 p.m. EDT on December 31, 1999
to 12:30 a.m. EDT on January 1, 2000.
ADDRESSES: Documents relating to this Temporary Final Rule are
available for inspection or copying at U.S. Coast Guard Group Long
Island Sound, 120 Woodward Avenue, New Haven, CT 06512 between 8:00
a.m. and 4:00 p.m., Monday through Friday, except Federal holidays.
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 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 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
Mr. and Mrs. William Michaelcheck, of New York, NY, are sponsoring
a 12 minute fireworks display off Fairlee St., Southampton, NY. The
safety zone will be in effect from 11:30 p.m. EDT, December 31, 1999
until 12:30 a.m. EDT, January 1, 2000. The safety zone covers all
waters of the Atlantic Ocean within a 1200 foot radius of the fireworks
launching barge which will be located off Fairlee St., Southampton, NY,
in approximate position; 40 deg.-51'36'', 072 deg.-23'00''W, (NAD
1983). This zone is required to protect the maritime community form the
safety 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 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). 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 the Atlantic Ocean and entry
into this zone will be restricted for only 1 hour. Although this
Regulation prevents traffic from translating this section of the
Atlantic Ocean, 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. 601-612), we
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities.
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 could better evaluate
its effects on them and participate in the rulemaking process. 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).
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
We have analyzed this 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 unfunded mandate costs. This rule will not impose an unfunded
mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under E.O. 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.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.1C, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
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
[[Page 71025]]
Protected Property Rights. This final rule will not effect a 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.
For the reasons discussed 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-CGD1-184 to read as follows:
Sec. 165.T01-CGD1-184 New Years Eve '99 Fireworks Display,
Southampton, NY.
(a) Location. The safety zone includes all waters of the Atlantic
Ocean within a 1200 foot radius of the launch site located off Fairlee
St., Southampton, NY. In approximate position 40 deg.-51'36''N,
072 deg.-23'00''W (NAD 1983).
(b) Effective date. This section is effective on December 31, 1999
from 11:30 p.m. until 12:30 a.m., January 1, 2000.
(c)(1) Regulations. The general regulations covering safety zones
contained in section 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.
Dated: November 30, 1999.
David P. Pekoske,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 99-32884 Filed 12-17-99; 8:45 am]
BILLING CODE 4910-15-M
