[Federal Register Volume 65, Number 157 (Monday, August 14, 2000)]
[Rules and Regulations]
[Pages 49495-49497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20591]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-195]
RIN 2115-AA97


Safety Zone: T.E.L. Enterprises, Great South Bay, Davis Park, 
Sayville, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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[[Page 49496]]

SUMMARY: The Coast Guard is establishing a safety zone for the T.E.L. 
Enterprises Fireworks Display to be held on Great South Bay, Davis 
Park, Sayville, NY on August 12, 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 9:30 p.m. on August 12, 2000 until 
11 p.m. on August 13, 2000.

ADDRESSES: Documents relating to this temporary final rule are 
available for inspection and copying at U.S. Coast Guard Group/Marine 
Safety Office 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 Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Chris Stubblefield, Command 
Center, Group/Marine Safety Office Long Island Sound, New Haven, CT 
(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 Coast Guard also finds good 
cause to make this rule effective less than 30 days after publication 
in the Federal Register. 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. Felix Grucci of Brookhaven, NY is sponsoring a fireworks 
display on Great South Bay, Davis Park, Sayville, NY. The fireworks 
display will occur on August 12, 2000 with a rain date of August 13, 
2000. The safety zone covers all waters of the Great South Bay within a 
600 foot radius of the fireworks launching area 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 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 Great South Bay and entry 
into this zone will be restricted for only 90 minutes on August 12, 
2000. Although this regulation prevents traffic from transiting this 
section of the 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. 601-612), 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 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 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 the Great South Bay from 9:30 p.m. 
until 11 p.m. on August 12, 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 subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard 
wants to assist small entities in understanding the rule so that they 
could better evaluate its effects on them and participate in the 
rulemaking process. If your small business or organization would be 
affected by this rule and you have any questions concerning its 
provisions or options for compliance, please call Chief Chris 
Stubblefield at (203) 468-4428. 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 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 E.O. 12630, Government 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

[[Page 49497]]

litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed 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, M 16475.C, 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 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.

    2. Add temporary Sec. 165.T01-CGD1-195 to read as follows:


Sec. 165.T01-CGD1-195  T.E.L. Enterprises, Great South Bay, Davis Park, 
Sayville, NY.

    (a) Location. The safety zone includes all waters of Great South 
Bay within a 600 foot radius of the launch site located on Great South 
Bay, Davis Park, Sayville, NY in approximate position 40 deg.-41'17"N, 
073 deg.-00'20"W (NAD 1983).
    (b) Effective date. This section is effective from 9:30 p.m. until 
11 p.m. on August 12, 2000. If the event is cancelled due to inclement 
weather, then this section is effective from 9:30 p.m. until 11 p.m. on 
August 13, 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: July 28, 2000.
T.V. Skuby,
Commander, U.S. Coast Guard, Acting Captain of the Port, Long Island 
Sound.
[FR Doc. 00-20591 Filed 8-11-00; 8:45 am]
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