[Federal Register Volume 64, Number 129 (Wednesday, July 7, 1999)]
[Rules and Regulations]
[Pages 36571-36572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17189]



[[Page 36571]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-030]
RIN 2115-AA97


Safety Zone: Koechlin Wedding Fireworks, Western Long Island 
Sound, Rye, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
western Long Island Sound for the Koechlin Wedding Fireworks Display. 
This action is necessary to provide for the safety of life on navigable 
waters during the event. This action is intended to restrict vessel 
traffic on a portion of western Long Island Sound.

DATES: This rule is effective from 8:30 p.m. until 10 p.m. on July 24, 
1999. There is no rain date for this event.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Coast Guard Activities New York, 212 Coast 
Guard Drive, room 205, Staten Island, New York 10305, between 8 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (718) 354-4193.

FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4193.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On May 10, 1999, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Safety Zone: Koechlin Wedding Fireworks, 
Western Long Island Sound, Rye, New York, in the Federal Register (64 
FR 24982). The Coast Guard received no letters commenting on the 
proposed rulemaking. No public hearing was requested, and none was 
held.
    Good cause exists for making this regulation effective less than 30 
days after Federal Register publication. Because of the date the 
Application for Approval of Marine Event was received, there was 
insufficient time to promulgate both a NPRM and a final rule that would 
be effective at least 30 days after it was published. The Coast Guard 
did publish an NPRM with a 30-day comment period, but this did not 
leave sufficient time to publish the final rule 30 days before its 
effective date. Any delay encountered in this regulation's effective 
date would be contrary to the pubic interest since immediate action is 
needed to prevent traffic from transiting a portion of western Long 
Island Sound, and provide for the safety of life on navigable waters. 
And the pubic was notified of this event when the NPRM was published in 
the Local Notice to Mariners on May 19, 1999.

Background and Purpose

    On March 9, 1999, Bay Fireworks submitted on Application for 
Approval of a Marine Event for a fireworks display on western Long 
Island Sound. This regulation establishes a temporary safety zone on 
all waters of western Long Island Sound within a 360-yards radius of 
the fireworks, barge in approximate position 40 deg.56'33''N, 
073 deg.41'25''W (NAD 1983), about 400 yards east of Milton Point, Rye, 
New York. The zone is in effect from 8:30 p.m. until 10 p.m. on 
Saturday July 24, 1999. There is no rain date for this event. The zone 
prevents vessels from transiting a portion of western Long Island Sound 
and is needed to protect boaters from the hazards associated with 
fireworks launched from a barge in the area. Marine traffic will still 
be able to transit to the east of the zone. The Captain of the Port 
does not anticipate any negative impact on vessel traffic due to this 
event. Public notifications will be made before the event by Local 
Notice to Mariners and marine information broadcasts. The Coast Guard 
limited the comment period for this NPRM to 30 days because the zone is 
only for a one-and-a-half-hour-long local event and it should have 
negligible impact on vessel transits.

Discussion of Comments and Changes

    The Coast Guard received no letters commenting on the proposed 
rulemaking.
    It made no changes to the proposed rule.

Regulatory Evaluation

    This 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 not been reviewed 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 final rule to 
be so minimal that a full Regulatory Evaluation under paragraph 10e of 
the regulatory policies and procedures of DOT is unnecessary. Although 
this regulation prevents traffic from transiting a portion of western 
Long Island Sound during the event, the effect of this regulation will 
not be significant, for several reasons: that vessels will be 
restricted from the areas for a minimal time, that they may safely 
transit to the east of the zone, and that advance notifications will be 
made to the local maritime community by the Local Notice to Mariners 
and marine-information broadcasts.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule will have a significant 
economic impact on substantial number of small entities. ``Small 
Entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
field, and governmental jurisdictions with populations of less than 
50,000.
    For reasons discussed under Regulatory Evaluation, above the Coast 
Guard certifies under 5 U.S.C. 605(b) that this final rule will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U..C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this final rule does not have sufficient implications for federalism to 
warrant the preparation of a Federalism Assessment.

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub. 
L. 104-4, 109 Stat. 48] requires Federal agencies to assess the effects 
of certain regulatory actions on State, local, and tribal governments, 
and the private sector. UMRA requires a written statement of economic 
and regulatory alternatives for rules that contain Federal mandates. A 
``Federal mandate'' is a new or additional enforceable duty imposed on 
any State, local, or tribal government, or the private sector. If any 
Federal mandate causes those entities to spend, in the aggregate, $100 
million or more in any one year, the UMRA analysis is required. This 
final rule does not impose Federal mandates on any State, local, or 
tribal, governments, or the private sector.

[[Page 36572]]

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1C, this final 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    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, 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.T01-030 to read as follows:


Sec. 165.T01-030  Safety Zone: Koechlin Wedding Fireworks, Western Long 
Island Sound, Rye, New York.

    (a) Location. The following area is a safety zone: All waters of 
western Long Island Sound within a 360-yard radius of the fireworks 
barge in approximate position 40 deg.56'33''N, 073 deg.41'25''W (NAD 
1983), approximately 400 yards east of Milton Point, Rye, New York.
    (b) Effective period. This section is effective from 8:30 p.m. 
until 10 p.m. on July 24, 1999. There is no rain date for this event.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
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. These personnel comprise 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.

    Dated: June 23, 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-17189 Filed 7-6-99; 8:45 am]
BILLING CODE 4910-15-M