[Federal Register Volume 65, Number 157 (Monday, August 14, 2000)]
[Rules and Regulations]
[Pages 49497-49499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20590]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-192]
RIN 2115-AA97


Safety Zone: Fireworks Display, Western Long Island Sound, 
Larchmont, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
fireworks display located on Western Long Island Sound off Larchmont, 
NY. 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 in a portion of Western Long Island Sound.

DATES: This rule is effective from 9:20 p.m. on August 11, 2000 until 
10:50 p.m. on August 13, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-00-192) and are available for inspection or 
copying at Coast Guard Activities New York, 212 Coast Guard Drive, room 
204, Staten Island, New York 10305, between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (718) 
354-4012.

FOR FURTHER INFORMATION CONTACT: Lieutenant M. Day, Waterways Oversight 
Branch, Coast Guard Activities New York (718) 354-4012.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(8), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Good cause exists for not 
publishing an NPRM due to the date the Application for Approval of 
Marine Event was received, there was insufficient time to draft and 
publish an NPRM. Further, it is a local event with minimal impact on 
the waterway, vessels may still transit through western Long Island 
Sound during the event, the zone is only in effect for 1\1/2\ hours and 
vessels can be given permission to transit the zone except for about 20 
minutes during this time. Any delay encountered in this regulation's 
effective date would be unnecessary and contrary to public interest 
since immediate action is needed to close the waterway and protect the 
maritime public from the hazards associated with this fireworks 
display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. This is due to the following 
reasons: It is a local event with minimal impact on the waterway, 
vessels may still transit through western Long Island Sound during the 
event, the zone is only in affect for 1\1/2\ hours and vessels can be 
given permission to transit the zone except for about 20 minutes during 
this time. Vessels will not be precluded from mooring at or getting 
underway from recreational piers in the vicinity of the zone. There are 
no commercial facilities in the vicinity of the zone. Additionally, 
this location will be a permanent fireworks safety zone regulated by 33 
CFR 165.168. The final rule for this regulation was published in the 
Federal Register on July 13, 2000. No comments were received during 
this rulemaking.

Background and Purpose

    The Coast Guard has received an application to hold a fireworks 
program on the waters of western Long Island Sound off Larchmont, NY. 
This regulation establishes a safety zone in all waters of western Long 
Island Sound within a 240-yard radius of the fireworks barge in 
approximate position 40 deg.54'45"N 73 deg.44'55"W (NAD 1983), about 
450 yards southwest of the entrance to Horseshoe Harbor. The safety 
zone is in effect from 9:20 p.m. (e.s.t.) until 10:50 p.m. (e.s.t.) on 
Friday, August 11, 2000. If the event is cancelled due to inclement 
weather, then this section is effective from 9:20 p.m. (e.s.t.) until 
10:50 p.m. (e.s.t.) on Sunday, August 13, 2000. The safety 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 through western Long Island Sound during this event. 
Additionally, vessels

[[Page 49498]]

will not be precluded from mooring at or getting underway from 
recreational piers in the vicinity of the zone. There are no commercial 
facilities in the vicinity of the zone. This safety zone precludes the 
waterway users from entering only the safety zone itself. Public 
notifications will be made prior to the event via the Local Notice to 
Mariners.

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. This finding is based on the minimal 
time that vessels will be restricted from the zone, that vessels may 
still transit through western Long Island Sound, that vessels will not 
be precluded from mooring at or getting underway from recreational 
piers in the vicinity of the zone, there are no commercial facilities 
in the vicinity of the zone, and advance notifications which will be 
made.
    The size of this safety zone was determined using National Fire 
Protection Association and New York City Fire Department standards for 
8" mortars fired from a barge combined with the Coast Guard's knowledge 
of tide and current conditions in the area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this final rule will have a significant 
economic impact on a 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 
fields, and governmental jurisdictions with populations of less than 
50,000.
    For reasons discussed in the Regulatory Evaluation above, the Coast 
Guard certifies under section 605(b) of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.) that this final 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 
entities were notified of this marine event by its publication in the 
First Coast Guard District Local Notice to Mariners #30 dated July 25, 
2000.
    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 final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 13132 and has determined that 
this final rule does not have implications for federalism under that 
Order.

Unfunded Mandates

    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 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 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 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. This rule fits 
paragraph 34(g) as it establishes a safety zone. A ``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.

    2. Add temporary Sec. 165.T01-192 to read as follows:


Sec. 165.T01-192  Safety Zone: Fireworks Display, Western Long Island 
Sound, Larchmont, NY.

    (a) Location. The following area is a safety zone: All waters of 
western Long Island Sound off Larchmont, NY within a 240-yard radius of 
the fireworks barge in approximate position 40 deg.54'45"N 
073 deg.44'55"W (NAD 1983), about 450 yards southwest of the entrance 
to Horseshoe Harbor.
    (b) Effective period. This section is effective from 9:20 p.m. 
until 10:50 p.m. on August 11, 2000. If the event is cancelled due to 
inclement weather, then this section is effective from 9:20 p.m. until 
10:50 p.m. (e.s.t.) on August 13, 2000.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.

[[Page 49499]]

    (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: July 26, 2000.
R.E. Bennis,
Captain, U. S. Coast Guard, Captain of the Port, New York.
[FR Doc. 00-20590 Filed 8-11-00; 8:45 am]
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