[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Rules and Regulations]
[Pages 71023-71025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32884]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 01-99-184]
RIN 2115-AA97


Safety Zone: New Years Eve '99 Fireworks Display, Southampton, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the New 
Years Eve '99 Fireworks Display to be held off of Fairlee St., 
Southampton, NY, on December 31, 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.

[[Page 71024]]

Entry into this safety zone is prohibited unless authorized by the 
Captain of the Port.

DATES: This rule is effective from 11:30 p.m. EDT on December 31, 1999 
to 12:30 a.m. EDT on January 1, 2000.

ADDRESSES: Documents relating to this Temporary Final Rule are 
available for inspection or copying at U.S. Coast Guard Group Long 
Island Sound, 120 Woodward Avenue, New Haven, CT 06512 between 8:00 
a.m. and 4:00 p.m., Monday through Friday, except Federal holidays.
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 Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. 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

    Mr. and Mrs. William Michaelcheck, of New York, NY, are sponsoring 
a 12 minute fireworks display off Fairlee St., Southampton, NY. The 
safety zone will be in effect from 11:30 p.m. EDT, December 31, 1999 
until 12:30 a.m. EDT, January 1, 2000. The safety zone covers all 
waters of the Atlantic Ocean within a 1200 foot radius of the fireworks 
launching barge which will be located off Fairlee St., Southampton, NY, 
in approximate position; 40 deg.-51'36'', 072 deg.-23'00''W, (NAD 
1983). This zone is required to protect the maritime community form 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 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. The 
Office of Management and Budget has not reviewed it 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 the Atlantic Ocean and entry 
into this zone will be restricted for only 1 hour. Although this 
Regulation prevents traffic from translating this section of the 
Atlantic Ocean, 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. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
businesses may send comments on the actions of Federal employees who 
enforce, or otherwise determine compliance with, Federal regulations to 
the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying where indicated 
under ADDRESSES.
    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

[[Page 71025]]

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 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.
    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 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-CGD1-184 to read as follows:


Sec. 165.T01-CGD1-184  New Years Eve '99 Fireworks Display, 
Southampton, NY.

    (a) Location. The safety zone includes all waters of the Atlantic 
Ocean within a 1200 foot radius of the launch site located off Fairlee 
St., Southampton, NY. In approximate position 40 deg.-51'36''N, 
072 deg.-23'00''W (NAD 1983).
    (b) Effective date. This section is effective on December 31, 1999 
from 11:30 p.m. until 12:30 a.m., January 1, 2000.
    (c)(1)  Regulations. The general regulations covering safety zones 
contained in section 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.

    Dated: November 30, 1999.
David P. Pekoske,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 99-32884 Filed 12-17-99; 8:45 am]
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