[Federal Register Volume 64, Number 98 (Friday, May 21, 1999)]
[Rules and Regulations]
[Pages 27696-27697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12953]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-047]
RIN 2115-AA97


Safety Zone: Fire Island Tourist Bureau Fireworks Display, Great 
South Bay, Cherry Grove, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the Fire 
Island Tourist Bureau fireworks display to be held at Great South Bay, 
Cherry Grove, N.Y., on June 26, 1999. This zone 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 26, 1999, from 
9:30 p.m. until 10:30 p.m. In case of inclement weather, June 27, 1999, 
is the alternative date for this event.

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 Fire Island Tourist Bureau is sponsoring a 10-minute fireworks 
display at Great South Bay, Cherry Grove, New York. The fireworks 
display will occur on June 26, 1999, from 10:00 p.m. until 10:10 p.m. 
The safety zone covers all waters of Great South Bay within a 600-foot 
radius of the fireworks-launching site, which will be located in 
approximate position 40 deg.39'.45 N, 073 deg.0'.23 W (NAD 1983). This 
zone is necessary 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 involved only a 
portion of West Harbor, and entry into this zone will be restricted for 
only 60 minutes, on June 26, 1999. Although this regulation prevents 
traffic from transiting West Harbor, 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 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 form 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).

[[Page 27697]]

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 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 
the 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 will be affected by this rule, so the 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 for 
inspection or copying where indicated under address.

Other Executive Orders of the Regulatory Process

    In addition to the statutes and Executive Orders already addressed 
in this preamble, the Coast Guard considered the following 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 
implications under this order. E.O. 12875, Enhancing the 
Intergovernmental Partnership. This final rule will not impose, on any 
State, local or tribal government, a mandate that is not required by 
statute and that is not funded by the Federal government. E.O. 12988, 
Civil Justice Reform. 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. 13045, 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-CGD1-047 to read as follows:


Sec. 165.T01-CGD1-047  Fire Island Tourist Bureau Fireworks Display, 
Great South Bay, Cherry Grove, NY.

    (a) Location. The safety zone comprises all waters of Great South 
Bay within a 600-foot radius of the launch site located in approximate 
position 40 deg.39'.45 N, 073 deg..05'.23 W (NAD 1983).
    Effective date. This section is effective on June 26, 1999, from 
9:30 p.m. until 10:30 p.m.
    (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. 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, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 99-12953 Filed 5-20-99; 8:45 am]
BILLING CODE 4910-15-M