[Federal Register Volume 65, Number 141 (Friday, July 21, 2000)]
[Rules and Regulations]
[Pages 45292-45293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18556]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 01-00-186]
RIN 2115-AA97


Safety Zone: Village of Bellport 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 Village 
of Bellport Fireworks Display to be held in Bellport Bay, Bellport, NY, 
on July 22, 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 8:30 p.m. on July 22, 2000, until 10 
p.m., on July 23, 2000.

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

    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 a 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

    The Village of Bellport, is sponsoring a 12 minute fireworks 
display in Bellport Bay, Bellport, NY. The safety zone will be in 
effect from 8:30 p.m. until 10:00 p.m., July 22, 2000. The safety zone 
covers all waters of Bellport Bay within a 600 foot radius of the 
fireworks launching barge which will be located in Bellport Bay, 
Bellport, NY, in approximate position; 40 deg.44'58"N, 072 deg.55'43"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. This 
safety zone involves only a portion of Bellport Bay and entry into this 
zone will be restricted for only 90 minutes on July 22, 2000. Although 
this regulation prevents traffic from transiting this section of 
Bellport 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. 601-612), 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. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of Bellport Bay from 8:30 p.m. until 
10:00 p.m. July 22, 2000. This safety zone will not have a significant 
economic impact on a substantial number of small entities for the 
following 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.

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 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 Executive Order 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 Executive Order 12988, Civil Justice Reform, to

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minimize litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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.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.

List of Subjects

    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.T01-186 to read as follows:


Sec. 165.T01-186  The Village of Bellport Fireworks Display, Bellport, 
NY.

    (a) Location. The safety zone includes all waters of Bellport Bay 
within a 600 foot radius of the launch barge located in Bellport Bay, 
Bellport, NY. in approximate position 40 deg.44'58" N, 072 deg.55'43" W 
(NAD 1983).
    (b) Effective date. This section is effective on July 22, 2000 from 
8:30 p.m. until 10 p.m., July 23, 2000.
    (c)(1) Regulations. 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.

    Dated: July 10, 2000.
David P. Pekoske,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 00-18556 Filed 7-20-00; 8:45 am]
BILLING CODE 4910-15-P