[Federal Register Volume 65, Number 191 (Monday, October 2, 2000)]
[Rules and Regulations]
[Pages 58655-58656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25267]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-217]
RIN 2115-AA97


Safety Zone: Weekly Fireworks, Dockside Restaurant, Port 
Jefferson Harbor, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the Weekly 
Fireworks, Dockside Restaurant, to be held in Port Jefferson Harbor, 
Port Jefferson, NY on the following dates: September 16, 23, 30, 
October 7, 14, 21, 28 and December 31, 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 p.m., September 16, 2000 until 10 
p.m., December 31, 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 7:30 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

    The Dockside Restaurant, Port Jefferson, NY is sponsoring a 
fireworks display in Port Jefferson Harbor, Port Jefferson, NY. The 
fireworks display will occur on the following dates: September 16, 23, 
30, October 7, 14, 21, 28 and December 31, 2000. The safety zone covers 
all waters of Port Jefferson Harbor within a 600 foot radius of the 
fireworks launching area which will be located in approximate position: 
40 deg.-57'38"N, 073 deg.-04'47"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 Port Jefferson Harbor and entry 
into this zone will be restricted for only 60 minutes on September 16, 
23, 30, October 7, 14, 21, 28 and December 31, 2000. Although this 
regulation prevents traffic from transiting this section of Port 
Jefferson Harbor, 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.

[[Page 58656]]

    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 Port Jefferson Harbor from 9 p.m. 
until 10 p.m. on September 16, 23, 30, October 7, 14, 21, 28, and 
December 31, 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 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-CGD1-217 to read as follows:


Sec. 165.T01-CGD1-217  Weekly Fireworks, Dockside Restaurant, Port 
Jefferson Harbor, Port Jefferson, NY.

    (a) Location. The safety zone includes all waters of Port Jefferson 
Harbor within a 600 foot radius of the launch site located in Port 
Jefferson Harbor, Port Jefferson, NY in approximate position 
40 deg.57'38"N, 73 deg.04'47"W (NAD 1983).
    (b) Enforcement period. This section will be enforced from 9 p.m. 
until 10 p.m. on the following dates: September 16, 23, 30, October 7, 
14, 21, 28 and until 9 p.m., December 31, 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.
    (d) Effective date. This section is effective from 9 p.m., 
September 16, 2000 until 10 p.m., December 31, 2000.

    Dated: September 15, 2000.
David P. Pekoske,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 00-25267 Filed 9-29-00; 8:45 am]
BILLING CODE 4910-15-U