[Federal Register Volume 64, Number 99 (Monday, May 24, 1999)]
[Rules and Regulations]
[Pages 27918-27919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12956]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-040]
RIN 2115-AA97


Safety Zone: 4th of July Celebration Fireworks Display, Great 
South Bay, Sayville, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the Lesbian 
& Gay Community Services Center Fireworks Display to be held at Great 
South Bay, Sayville, NY, on July 3, 1999. This safety 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 July 3, 1999, from 9:30 
p.m. until 10:35 p.m. For rain date, 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 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 an 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 Lesbian & Gay Community Services Center is sponsoring a 20-
minute fireworks display at Great South Bay, Sayville, New York. The 
fireworks display will occur on July 3, 1999, from 10:00 p.m. until 
10:20 p.m. The safety zone covers all waters of Great South Bay within 
an 800-foot radius of the fireworks-launching site, which will be 
located in approximate position 40 deg.40'.25'' N, 073 deg.04'25'' 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 involves only a 
portion of West Harbor, and entry into this zone will be restricted for 
only 65 minutes, on July 3, 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,

[[Page 27919]]

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 addressed under the Regulatory Evaluation above, 
the Coast Guard certifies that this rule will not have a significant 
impact on a substantial number of small entities.

Collection of Information

    This temporary final rule contains no collection-of-information 
requirements under 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), 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 regulatory alternatives to 
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 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 having 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 section 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-CGD1-040 to read as follows:


Sec. 165.T01-CGD1-040  4th-of-July Celebration Fireworks Display, Great 
South Bay Sayville, NY.

    (a) Location. The safety zone includes all waters of Great South 
Bay within a 800-foot radius of the launch site located in approximate 
position 40 deg.40'.25 N, 073 deg..04'.25 W (NAD 1983).
    (b) Effective date. This section is effective on July 3, 1999, from 
9:30 p.m. until 10:35 p.m., with a rain date of July 10, 1999, at the 
same time.
    (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 those 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. 99-12956 Filed 5-21-99; 8:45 am]
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