[Federal Register Volume 65, Number 136 (Friday, July 14, 2000)]
[Rules and Regulations]
[Pages 43695-43697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17913]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 01-00-140]
RIN 2115-AA97


Safety Zone: Iron Spring Farm Fireworks Display.

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the Iron 
Spring Farm Fireworks Display to be held in the Atlantic Ocean, 
Southampton, NY, on July 19, 2000. This action 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.

DATES: This rule is effective from 8:45 p.m. on July 19, 2000 to 9:40 
p.m. on July 19, 2000.

[[Page 43696]]


ADDRESSES: Documents relating to this temporary final rule are 
available for inspection or copying at U.S. Coast Guard Group/Marine 
Safety Office 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: Chief Petty Officer C. D. 
Stubblefield, Command Center, Captain of the Port, Long Island Sound at 
(203) 468-4428.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    Pursuant to 5 U.S.C. 553(b)(B), a notice of proposed rulemaking 
(NPRM) will not be published for this regulation. Good cause exists for 
not publishing a NPRM and for making this regulation effective less 
than 30 days after Federal Register publication. Due to the fact that 
plans for this event were recently finalized, there was insufficient 
time to draft and publish a NPRM. Any delay encountered in this 
regulation's effective date would be contrary to the public interest 
since immediate action is needed to protect the maritime public from 
the hazards associated with the fireworks display, which is intended 
for public entertainment.

Background and Purpose

    The Iron Spring Farm, Inc., is sponsoring a 10 minute fireworks 
display in the Atlantic Ocean, Southampton, NY. The safety zone will be 
in effect from 8:45 p.m., July 19, 2000 until 9:40 p.m. Eastern 
Daylight Savings Time, July 19, 2000. The safety zone covers all waters 
of the Atlantic Ocean within a 800 foot radius of the fireworks 
launching barge which will be located in the Atlantic Ocean, 
Southampton, NY, in approximate position; 40 deg.-51'20"N, 072 deg.-
24'00"W, (NAD 1983). This zone is required to protect the maritime 
community from 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. The 
safety zone involves only a portion of the Atlantic Ocean and entry 
into this zone will be restricted for only 55 minutes. Although this 
regulation prevents traffic from transiting 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.
    For reasons discussed in the Regulatory Evaluation above, 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 offer 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 contains no collection of information requirements 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 Governments 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 has considered the environmental impact of this 
rule and concluded that under figure 2-1, paragraph (34)(g), of 
Commandant Instruction M16475.lC, 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 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

[[Page 43697]]

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 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.T01-140 to read as follows:


Sec. 165.T01-140  The Iron Spring Farm Fireworks Display, Southampton, 
NY.

    (a) Location. The safety zone includes all waters of the Atlantic 
Ocean within a 800 foot radius of the launch barge located in the 
Atlantic Ocean, Southampton, NY. in approximate position 40 deg.-
51'20"N, 072 deg.-24'00"W (NAD 1983).
    (b) Effective date. This section is effective on July 19, 2000 from 
8:45 p.m. until 9:40 p.m., July 19, 2000.
    (c) Regulations. (1) 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: June 25, 2000.
David P. Pekoske,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 00-17913 Filed 7-13-00; 8:45 am]
BILLING CODE 4910-15-U