[Federal Register Volume 65, Number 239 (Tuesday, December 12, 2000)]
[Rules and Regulations]
[Pages 77512-77513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31643]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-00-131]
RIN 2115-AE46


Special Local Regulations: Fireworks Display, Smith Bay, Saint 
Thomas, USVI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: Temporary Special Local Regulations are being established for 
the Wyndham New Years Fireworks display in Smith Bay, St. Thomas, USVI. 
These regulations are needed to provide for the safety of life on 
navigable waters by excluding vessels from the fireworks launching 
area.

DATES: This rule is effective from 11 a.m. AST on December 31, 2000, to 
1 a.m. AST on January 1, 2001.

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 the docket CGD07-00-114 and are available for inspection or 
copying at Coast Guard Greater Antilles Section, La Puntilla, Old San 
Juan, PR 00902 between 9 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John Reyes, Greater Antilles 
Section at (787) 729-5381.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for these 
regulations. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM would be 
contrary to national safety interests since immediate action is needed 
to minimize potential danger to the public and the marine event request 
was recently received. Further, we anticipate numerous spectator craft 
in the area where the fireworks will be launched.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective in less 
than 30 days after publication in the Federal Register.

Background and Purpose

    These regulations are required to provide for the safety of life on 
navigable waters because of the inherent danger associated with storing 
and launching fireworks near spectator craft during the fireworks 
display. This rule creates a regulated area that will prohibit non-
participating vessels from entering the regulated area during the 
event.

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 regulated area will only be in effect for approximately 2 
hours.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic effect 
upon a substantial number of small entities. ``Small entities'' include 
small business, 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.

[[Page 77513]]

    This rule will affect the following entities, some of which may be 
small enities: the owners or operators of vessels intending to transit 
or anchor in a portion of Smith Bay from 11 p.m. December 31, 2000, to 
1 a.m. January 1, 2001. 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 because the rule will only be in 
effect for 2 hours.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-221), we offer 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 may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking. We also have a point of contact for commenting on actions 
by employees of the Coast Guard. 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 requirements 
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'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 E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this 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 safety that may disproportionately affect children.

Environment

    The Coast Guard has considered the environmental impact of this 
action and has determined pursuant to Figure 2-1, paragraph 34(h) of 
Commandant Instruction M16475.1C, that this action is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--[MARINE EVENTS]

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233, 49 CFR 1.46, and 33 CFR 100.35.

    2. Add temporary Sec. 100.35T-07-131 to read as follows:


Sec. 100.35T-07-131;  Fireworks display, Smith Bay, Saint Thomas, USVI.

    (a) Regulated Area. A 1500-yard radius from position 18 deg.20'27" 
N, 064 deg.51'18" W, and encompassing all of Smith Bay, St. Thomas, 
USVI. All coordinates referenced use Datum: NAD 1983.
    (b) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by Commanding Officer, Greater Antilles Section, San 
Juan, Puerto Rico.
    (c) Special Local Regulations. Entry into the regulated area by 
other than event participants is prohibited, unless otherwise 
authorized by the Patrol Commander. Spectator craft may remain in a 
spectator area to be established by the event sponsor, Moonlight 
Fireworks, Inc.
    (d) Dates. This rule is effective from 11 a.m. AST on December 31, 
2000, to 1 a.m. AST on January 1, 2001.

    Dated: December 1, 2000.
T.W. Allen,
U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 00-31643 Filed 12-11-00; 8:45 am]
BILLING CODE 4910-15-P