[Federal Register Volume 64, Number 123 (Monday, June 28, 1999)]
[Unknown Section]
[Pages 34556-34557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16361]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-072]
RIN 2115-AA97
Safety Zone: Sag Harbor Fireworks Display, Sag Harbor Bay, Sag
Harbor, NY.
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for the Sag
Harbor Fireworks Display to be held outside the breakwater in Sag
Harbor Bay, Sag Harbor, NY, on July 2, 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. Entry into this safety zone is prohibited unless authorized by
the Captain of the Port.
DATES: This regulation is effective on July 2, 1999 and on July 3, 1999
from 9 p.m. until 10:20 p.m. For rain dates, 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 8:00 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 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
The Say Harbor Yacht Club, of Sag Harbor, NY. is sponsoring a 35
minute fireworks display in Sag Harbor, Sag Harbor, NY. The fireworks
display will occur on July 2, 1999, from 9 pm until 10:20 pm. The
safety zone covers all waters of Sag Harbor Bay within a 1,200 foot
radius of the fireworks launching barge which will be located outside
the breakwater in Sag Harbor Bay, Sag Harbor, NY, in approximate
position; 41 deg.-00'51.2'' N, 072 deg.-17'57.8'' W, (NAD 1983). This
zone is required to protect the maritime community from 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 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 form 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 Sag Harbor Bay and entry into this zone will be restricted
for only 1 hour and 20 minutes on July 2, 1999. Although this
regulation prevents traffic from transiting this section of Sag Harbor
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 Flexiblitiy 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 independtly 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.
[[Page 34557]]
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 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 final 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
received 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 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. 104-4), 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 be
selected. No state, local, or tribal government entities will be
effected 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.
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), 604-
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-CGD1-072 to read as follows:
Sec. 165.T01-CGD1-072; Sag Harbor Fireworks Display, Sag Harbor Bay,
Sag Harbor, NY.
(a) Location. The safety zone includes all waters of Sag Harbor
within a 1200 foot radius of the launch site located in Sag Harbor Bay,
Sag Harbor, NY in approximate position 41 deg.-00'51.2''N, 072 deg.-
17'57.8''W (NAD 1983).
(b) Effective date. This section is effective on July 2, 1999 from
9:00 p.m. until 10:20 p.m. In case of inclement weather, this section
is effective July 3, 1999 at the same time and place.
(c)(1) Regulations. 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, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 99-16361 Filed 6-25-99; 8:45 am]
BILLING CODE 4910-15-M
