[Federal Register Volume 65, Number 169 (Wednesday, August 30, 2000)]
[Rules and Regulations]
[Pages 52647-52649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22206]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-206]
RIN 2115-AA97


Safety Zone; Fireworks Display, Rockaway Beach, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for

[[Page 52648]]

a fireworks display located on the Atlantic Ocean. 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 the Atlantic Ocean.

DATES: This rule is effective from 8 p.m. (e.s.t.) on September 3, 2000 
until 9:30 p.m. (e.s.t.) on September 4, 2000.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (CGD01-00-206) 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.

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 fact that the Application for Approval of 
Marine Event was received too late to permit sufficient time to draft 
and publish an NPRM. Further, it is a local event with minimal impact 
on the waterway, vessels may continue to transit through the Atlantic 
Ocean near Rockaway Beach during the event, and permission may be 
granted to transit the zone for all but approximately 15 minutes of the 
1\1/2\ hour event. Additionally, vessels would 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. 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 the Atlantic Ocean near Rockaway 
Beach during the event, and permission may be granted to transit the 
zone for all but approximately 15 minutes of the 1\1/2\ hour event. 
Additionally, vessels would 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.

Background and Purpose

    The Coast Guard received an application to hold a fireworks program 
on the waters of the Atlantic Ocean. This regulation establishes a 
safety zone in all waters of the Atlantic Ocean within a 360-yard 
radius of the fireworks barge in approximate position 40 deg.34'29" N 
073 deg.50'00" W (NAD 1983), about 335 yards off Rockaway Beach at 
116th street. The safety zone is in effect from 8 p.m. (e.s.t.) until 
9:30 p.m. (e.s.t.) on Sunday, September 3, 2000. If the event is 
cancelled due to inclement weather, then this section is effective from 
8 p.m. (e.s.t.) until 9:30 p.m. (e.s.t.) on Monday, September 4, 2000. 
The safety zone prevents vessels from transiting a portion of the 
Atlantic Ocean 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 the Atlantic Ocean near 
Rockaway Beach during this event. Additionally, vessels would 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. Public notifications will be made prior to the 
event via the Local Notice to Mariners.

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 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, the ability of vessels to transit through the Atlantic 
Ocean near Rockaway Beach during the event, the ability of vessels to 
moor at or get underway from recreational piers in the vicinity of the 
zone during the event, the absence of commercial facilities in the 
vicinity of the zone, and the 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 
12" 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. 601-612), 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 the Atlantic Ocean during the times this zone 
is activated.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: it is a 
local event with minimal impact on the waterway, vessels may continue 
to transit through the Atlantic Ocean near Rockaway Beach during the 
event, and permission may be granted for vessels to transit the zone 
for all but approximately 15 minutes of the \1/2\ hour event. 
Additionally, vessels would not be precluded from mooring at or getting 
underway from recreational piers in the vicinity of the zone during the 
event; there are no commercial facilities in the vicinity of the zone. 
Before the effective period, we will publish this event in the Local 
Notice to Mariners, which is widely available to users of the waterway.

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 #33 dated August 
15, 2000.

[[Page 52649]]

    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

    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 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. 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--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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.T01-206 to read as follows:


Sec. 165.T01-206  Safety Zone; Fireworks Display, Rockaway Beach, NY.

    (a) Location. The following area is a safety zone: All waters of 
the Atlantic Ocean within a 360-yard radius of the fireworks barge in 
approximate position 40 deg.34'29" N 073 deg.50'00" W (NAD 1983), about 
335 yards off Rockaway Beach at 116th street.
    (b) Effective period. This section is effective from 8 p.m. 
(e.s.t.) until 9:30 p.m. (e.s.t.) on September 3, 2000. If the event is 
cancelled due to inclement weather, then this section is effective from 
8 p.m. (e.s.t.) until 9:30 p.m. (e.s.t.) on September 4, 2000.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 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. 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: August 18, 2000.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 00-22206 Filed 8-29-00; 8:45 am]
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