[Federal Register Volume 64, Number 99 (Monday, May 24, 1999)]
[Rules and Regulations]
[Pages 27916-27918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12955]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-038]
RIN 2115-AA97
Safety Zone: Unity Electric Co. Fireworks Display, Shinnecock
Bay, Hampton Bays, NY
AGENCY: Coast Guard, DOT.
[[Page 27917]]
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for the Unity
Electric Company Fireworks Display to be held on the waters surrounding
Jackson's Marina on Shinnecock Bay, Hampton Bays, NY, on June 19, 1999.
This action is needed to protect persons, facilities, vessels, and
others in the maritime community from the 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 on June 19, 1999, from
9:00 p.m. until 10:00 p.m.
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 8:00 a.m. and 4:00 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 publication in the Federal Register. 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
The Unity Electric Company is sponsoring a 15-minute fireworks
display on the waters off of Shinnecock Bay, Hampton Bays, New York.
The fireworks display will occur on June 19, 1999, from 9:30 pm until
9:45 pm. The safety zone covers all waters of Shinnecock Bay within a
1000-foot radius of the fireworks-launching site, which will be located
in Jackson's Marina in Hampton Bays in approximate position
40 deg.57'.00 N, 073 deg.04.17 W (NAD 1983). This zone is to protect
the maritime community from the hazards 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 rule 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 Shinnecock Bay, and entry into this zone will be restricted
for only 60 minutes, on June 19, 1999, from 9:00 p.m. to 10:00 p.m.
Although this regulation prevents traffic from transiting from and to
Jackson's Marina, 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; 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 temporary final rule 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 discussed under the Regulatory Evaluation above,
the Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this rule will not have a
significant impact on a substantial number of small entities.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard
wants to assist small entities in understanding this temporary final
rule so that they can better evaluate its effects on them and
participate in the rulemaking. If your small business or organization
would be affected by this rule and you have questions concerning its
provisions or options for compliance, please call LCDR T.J. Walker,
telephone (203) 468-4444.
The Ombudsman of Regulatory Enforcement for Small Business and
Agriculture, and 10 Regional Fairness Boards, were established to
receive comments from small businesses about enforcement by Federal
agencies. The Ombudsman will annually evaluate such enforcement and
rate each agency's responsiveness to small business. If you wish to
comment on enforcement by the Coast Guard, call 1-888-REG-FAIR (1-888-
734-3247).
Collection of Information
This temporary final 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 temporary final rule in
accordance with the principles and criteria contained in Executive
Order 12612, and has determined that it does 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. 104-4), the
Coast Guard must consider whether this temporary final 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 reglatory 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 be selected. No State, local, or tribal
governments 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
temporary final rule 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
[[Page 27918]]
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 temporary 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.
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-CGD1-038 to read as follows:
Sec. 165.T01-CGD1-038 Unity Electric Co. Fireworks Display,
Shinnecock Bay, Hampton Bays, NY.
(a) Location. The safety zone includes all waters of Shinnecock Bay
within a 1000-foot radius of the launch site located in Jackson's
Marina in approximate position 40 deg.57'.00 N, 073 deg..04'.17 W (NAD
1983).
(b) Effective date. This section is effective on June 19, 1999,
from 9:00 p.m. until 10:00 p.m.
(c) Regulations. (1) The general regulations covering safety zones
contained in Sec. 165.23 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. Among these personnel are commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard
Vessel by 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. 99-12955 Filed 5-21-99; 8:45 am]
BILLING CODE 4910-15-M
