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Safety Zone: Fireworks Display, Western Long Island Sound, Larchmont, NY

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 [Federal Register: August 14, 2000 (Volume 65, Number 157)]
[Rules and Regulations]
[Page 49497-49499]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au00-13]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-192]
RIN 2115-AA97


Safety Zone: Fireworks Display, Western Long Island Sound,
Larchmont, 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 on Western Long Island Sound off Larchmont,
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 Western Long Island Sound.

DATES: This rule is effective from 9:20 p.m. on August 11, 2000 until
10:50 p.m. on August 13, 2000.

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 docket (CGD01-00-192) 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. The telephone number is (718)
354-4012.

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 date the Application for Approval of
Marine Event was received, there was insufficient time to draft and
publish an NPRM. Further, it is a local event with minimal impact on
the waterway, vessels may still transit through western Long Island
Sound during the event, the zone is only in effect for 1\1/2\ hours and
vessels can be given permission to transit the zone except for about 20
minutes during this time. 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 western Long Island Sound during the
event, the zone is only in affect for 1\1/2\ hours and vessels can be
given permission to transit the zone except for about 20 minutes during
this time. Vessels will 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. Additionally,
this location will be a permanent fireworks safety zone regulated by 33
CFR 165.168. The final rule for this regulation was published in the
Federal Register on July 13, 2000. No comments were received during
this rulemaking.

Background and Purpose

    The Coast Guard has received an application to hold a fireworks
program on the waters of western Long Island Sound off Larchmont, NY.
This regulation establishes a safety zone in all waters of western Long
Island Sound within a 240-yard radius of the fireworks barge in
approximate position 40 deg.54'45"N 73 deg.44'55"W (NAD 1983), about
450 yards southwest of the entrance to Horseshoe Harbor. The safety
zone is in effect from 9:20 p.m. (e.s.t.) until 10:50 p.m. (e.s.t.) on
Friday, August 11, 2000. If the event is cancelled due to inclement
weather, then this section is effective from 9:20 p.m. (e.s.t.) until
10:50 p.m. (e.s.t.) on Sunday, August 13, 2000. The safety zone
prevents vessels from transiting a portion of western Long Island Sound
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 western Long Island Sound during this event.
Additionally, vessels

[[Page 49498]]

will 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. This safety zone precludes the
waterway users from entering only the safety zone itself. Public
notifications will be made prior to the event via the Local Notice to
Mariners.

Regulatory Evaluation

    This final 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. It has not been reviewed by the Office of Management and
Budget 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, that vessels may
still transit through western Long Island Sound, that vessels will 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, and 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
8" 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 et seq.), the
Coast Guard considered whether this final rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include 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.
    For reasons discussed in the Regulatory Evaluation above, the Coast
Guard certifies under section 605(b) of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) that this final rule will not have a significant
economic impact on a substantial number of small entities.

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 #30 dated July 25,
2000.
    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 final rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 13132 and has determined that
this final 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 final
rule and concluded that under figure 2-1, paragraph 34(g), of
Commandant Instruction M16475.1C, this final 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--[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, 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T01-192 to read as follows:

Sec. 165.T01-192  Safety Zone: Fireworks Display, Western Long Island
Sound, Larchmont, NY.

    (a) Location. The following area is a safety zone: All waters of
western Long Island Sound off Larchmont, NY within a 240-yard radius of
the fireworks barge in approximate position 40 deg.54'45"N
073 deg.44'55"W (NAD 1983), about 450 yards southwest of the entrance
to Horseshoe Harbor.
    (b) Effective period. This section is effective from 9:20 p.m.
until 10:50 p.m. on August 11, 2000. If the event is cancelled due to
inclement weather, then this section is effective from 9:20 p.m. until
10:50 p.m. (e.s.t.) on August 13, 2000.
    (c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.

[[Page 49499]]

    (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: July 26, 2000.
R.E. Bennis,
Captain, U. S. Coast Guard, Captain of the Port, New York.
[FR Doc. 00-20590 Filed 8-11-00; 8:45 am]
BILLING CODE 4910-15-U

 
 

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