[Federal Register Volume 67, Number 69 (Wednesday, April 10, 2002)]
[Rules and Regulations]
[Pages 17284-17286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8590]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-039]
RIN 2115-AA97


Safety Zone; Patriots Weekend, Dockside Restaurant Fireworks 
Display, Port Jefferson, 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 Port Jefferson Harbor, Port Jefferson, 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 Port Jefferson Harbor.

DATES: This rule is effective from 9:15 p.m. on June 8, 2002, until 
10:15 p.m. on June 9, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (CGD01-02-039) 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 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Boatswain's Mate Second Class (BM2)

[[Page 17285]]

R. L. Peebles, Marine Events Petty Officer, Coast Guard Group/MSO Long 
Island Sound (203) 468-4408.

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 that will 
have minimal impact on the waterway. The zone is only in effect for 1 
hour 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.

Background and Purpose

    The Coast Guard establishes a temporary safety zone in the waters 
of Port Jefferson Harbor, Port Jefferson, NY. The safety zone is 
intended to protect boaters from the hazards associated with fireworks 
launched from a barge in the area. This safety zone covers the minimum 
area needed and imposes the minimum restrictions necessary to ensure 
the protection of all vessels.

Discussion of Rule

    The safety zone is for a fireworks display in Port Jefferson Harbor 
that will be conducted to commemorate Patriots Weekend. The safety zone 
will be in effect from 9:15 p.m. to 10:15 p.m. on June 8, 2002. The 
safety zone encompasses all waters of Port Jefferson Harbor within a 
600' radius of approximate position 40 deg.54'38"N, 73 deg.04'47"W (NAD 
1983).
    Public notifications will be made prior to the event via the Local 
Notice to Mariners and Marine Information Broadcasts. Marine traffic 
will be allowed to transit around the safety zone at all times. Vessels 
will not be precluded from mooring at or getting underway from 
recreational or commercial piers in the vicinity of the zone. No vessel 
may enter the safety zone without permission from the Captain of the 
Port, Long Island Sound.

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, the opportunity for vessels to transit around the zone 
during the event, the ability of vessels to moor at or get underway 
from commercial or recreational piers in the vicinity of the zone, and 
the advance notifications that will be made.
    The size of this safety zone was determined using National Fire 
Protection Association standards and the Captain of the Port Long 
Island Sound Standing Orders for 6-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 Port Jefferson Harbor 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 vessels can be given permission to transit the zone 
except for all but 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 BM2 Ryan Peebles, in the Command Center at 
Coast Guard Group/Marine Safety Office Long Island Sound, CT, at (203) 
468-4408.

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.

[[Page 17286]]

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:

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 June 8, 2002, through 10:15 p.m. on June 9, 
2002, add temporary Sec. 165.T01-039 to read as follows:


Sec. 165.T01-039  Safety Zone: Patriots Weekend, Dockside Restaurant 
Fireworks Display, Port Jefferson, NY.

    (a) Location. The following area is a safety zone: All waters of 
Port Jefferson Harbor within a 600-foot radius of the fireworks barge 
in approximate position 40 deg.54'38" N, 073 deg.04'47" W (NAD 1983).
    (b) Enforcement times and dates. This section will be enforced from 
9:15 p.m. until 10:15 p.m. on June 8, 2002. In the event of inclement 
weather on June 8, 2002, this section will be enforced from 9:15 p.m. 
until 10:15 p.m. on June 9, 2002.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) No vessels will be allowed to transit the safety zone without 
the permission of the Captain of the Port, Long Island Sound.
    (3) 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: March 21, 2002.
J.J. Coccia,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 02-8590 Filed 4-9-02; 8:45 am]
BILLING CODE 4910-15-U