[Federal Register Volume 66, Number 170 (Friday, August 31, 2001)]
[Rules and Regulations]
[Pages 45926-45928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22053]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-133]
RIN 2115-AA97


Safety Zone; Ackerman Engagement Fireworks Display, Westhampton 
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 a 
fireworks display located in the Atlantic Ocean off Westhampton Beach, 
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 the Atlantic Ocean.

DATES: This rule is effective from 9:15 p.m. on September 2, 2001, 
until 10:30 p.m. on September 3, 2001.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (CGD01-01-133) and are available for 
inspection or copying at Coast Guard Group/Marine Safety Office, 120 
Woodward Ave., New Haven, CT 06512, between 7:30 a.m. and 4:00 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: MSTC C. D. Stubblefield, Office 
Supervisor, Coast Guard Group/MSO Long Island Sound (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 an NPRM. An NPRM was considered 
unnecessary because the fireworks display is a local event which will 
have minimal impact on the waterway. The zone is only in effect for 1 
hour and 15 minutes and vessels can be given permission to transit the 
zone during all but about 30 minutes of this time. Vessels may transit 
around the zone at all times. Additionally, vessels would not be 
precluded from mooring at or getting underway from commercial or 
recreational piers in the vicinity of the zone.
    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. We did not receive sufficient 
advance notice of the fireworks display to allow an NPRM. The fireworks 
display is a local event; for the reasons previously stated, it has 
minimal impact on the waterway. Any delay encountered in this 
regulation's effective date would be unnecessary and contrary to the 
public interest since immediate action is needed to close a portion of 
the waterway and protect the maritime public for the hazards associated 
with this fireworks display.

Background and Purpose

    The Coast Guard received an application to hold a fireworks program 
on the waters of the Atlantic Ocean off Westhampton Beach, NY. This 
regulation establishes a safety zone in all waters of the Atlantic 
Ocean within a 1200-foot radius of the fireworks barge in approximate 
position 40 deg.47'30" N, 072 deg.38'30" W (NAD 1983). The safety zone 
will be enforced from 9:15 p.m. until 10:30 p.m. on September 2, 2001. 
In the event of inclement weather, this rule will be enforced during 
the same hours on September 3, 2001 instead.
    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 around the zone during this 
event. Additionally, vessels would not be precluded from mooring at or 
getting underway from commercial or recreational piers in the vicinity 
of the zone. Public notifications will be made prior to the event via 
the Local Notice to Mariners and Marine Information Broadcasts.

[[Page 45927]]

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 10(e) 
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 around the zone during 
the event, vessels would not be precluded from mooring at or getting 
underway from commercial or recreational piers 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 the Captain of the Port Long Island Sound 
Standing Orders for 12-inch 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 still 
transit around the zone during the event, the zone is only in effect 
for 1 hour and 15 minutes and vessels can be given permission to 
transit the zone except for about 30 minutes during this time. 
Additionally, vessels would not be precluded from mooring at or getting 
underway from commercial or recreational piers in the vicinity of the 
zone. Before the effective period, public notifications will be made 
via Local Notice to Mariners and Marine Information Broadcasts.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule will 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact Chief Petty Officer Chris Stubblefield, in 
the Command Center at Coast Guard Group/Marine Safety Office Long 
Island Sound, CT, at (203) 468-4428.

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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments. A 
rule with tribal implications has a substantial direct effect on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1D, 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:

[[Page 45928]]

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. From 9:15 p.m. on September 2, 2001, through 10:30 p.m. on 
September 3, 2001, add temporary Sec. 165.T01-133 to read as follows:


Sec. 165.T01-133  Safety Zone: Ackerman Engagement Fireworks Display, 
Westhampton Beach, NY.

    (a) Location. The following area is a safety zone: All waters of 
the Atlantic Ocean within a 1200-foot radius of the fireworks barge in 
approximate position 40 deg.47'30" N, 072 deg.38'30" W (NAD 1983).
    (b) Enforcement times and dates. This section will be enforced from 
9:15 p.m. until 10:30 p.m. on September 2, 2001. In the event of 
inclement weather, this section will be enforced during the same hours 
on September 3, 2001 instead.
    (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 23, 2001.
J.J. Coccia,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 01-22053 Filed 8-30-01; 8:45 am]
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