[Federal Register Volume 64, Number 133 (Tuesday, July 13, 1999)]
[Rules and Regulations]
[Pages 37679-37681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17809]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-115]
RIN 2115-AA97


Safety Zone: T E L Enterprises Fireworks Display, Great South Bay 
off Davis Park, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the T E L

[[Page 37680]]

Enterprises Fireworks Display to be held in Great South Bay off Davis 
Park, N.Y. on August 7, 1999. This safety zone 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.

EFFECTIVE DATE: This regulation is effective from August 7, 1999, at 
7:45 p.m. until 8:45 p.m. on August 8, 1999. For rain dates for this 
event, 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 a.m. and 4 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 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

    T E L Enterprises is sponsoring a 15 minute fireworks display in 
Great South Bay off Davis Park, N.Y. The fireworks display will occur 
on August 7, 1999, from 8:15 p.m. until 8:30 p.m. The safety zone 
covers all waters of Great South Bay within a 600 foot radius of the 
fireworks launching barge which will be located in approximate position 
40 deg.41'17''N, 073 deg.00'20''W (NAD 1983). This zone is required to 
protect the maritime community from the 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 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 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 Great South Bay off Davis Park and entry into this zone will 
be restricted for only 60 minutes on August 7, 1999. Although this 
regulation prevents traffic from transiting this section of Great South 
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 Flexibility 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 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 finds that this rule will not have a significant impact 
on a substantial number of small entities.

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), 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 by 
selected. No state, local, or tribal government entities 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 
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.

[[Page 37681]]

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.T01-115 to read as follows:


Sec. 165.T01-115.  T E L Enterprises Fireworks Display, Great South Bay 
off Davis Park, N.Y.

    (a) Location. The safety zone includes all waters of Great South 
Bay within a 600 foot radius of the launch barge located in approximate 
position 40 deg.41'17''N, 073 deg.00'20''W (NAD 1983).
    (b) Effective date. This section is effective on August 7, 1999 
from 7:45 p.m. until 8:45 p.m. August 8, 1999, at the same times as the 
scheduled rain date for this event.
    (c) Regulations. (1) 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, Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 99-17809 Filed 7-12-99; 8:45 am]
BILLING CODE 4910-15-M