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Safety Zone: T.E.L. Enterprises, Great South Bay, Davis Park, Sayville, NY

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 [Federal Register: August 14, 2000 (Volume 65, Number 157)]
[Rules and Regulations]
[Page 49495-49497]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au00-12]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-195]
RIN 2115-AA97


Safety Zone: T.E.L. Enterprises, Great South Bay, Davis Park,
Sayville, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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[[Page 49496]]

SUMMARY: The Coast Guard is establishing a safety zone for the T.E.L.
Enterprises Fireworks Display to be held on Great South Bay, Davis
Park, Sayville, NY on August 12, 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 9:30 p.m. on August 12, 2000 until
11 p.m. on August 13, 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 8 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

    Mr. Felix Grucci of Brookhaven, NY is sponsoring a fireworks
display on Great South Bay, Davis Park, Sayville, NY. The fireworks
display will occur on August 12, 2000 with a rain date of August 13,
2000. The safety zone covers all waters of the Great South Bay within a
600 foot radius of the fireworks launching area which will be located
in approximate position: 40 deg.-41'17"N, 073 deg.-00'20"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 the Great South Bay and entry
into this zone will be restricted for only 90 minutes on August 12,
2000. Although this regulation prevents traffic from transiting this
section of the Great South Bay, 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.
    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 the Great South Bay from 9:30 p.m.
until 11 p.m. on August 12, 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

[[Page 49497]]

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-CGD1-195 to read as follows:

Sec. 165.T01-CGD1-195  T.E.L. Enterprises, Great South Bay, Davis Park,
Sayville, NY.

    (a) Location. The safety zone includes all waters of Great South
Bay within a 600 foot radius of the launch site located on Great South
Bay, Davis Park, Sayville, NY in approximate position 40 deg.-41'17"N,
073 deg.-00'20"W (NAD 1983).
    (b) Effective date. This section is effective from 9:30 p.m. until
11 p.m. on August 12, 2000. If the event is cancelled due to inclement
weather, then this section is effective from 9:30 p.m. until 11 p.m. on
August 13, 2000.
    (c)(1) Regulations. The general regulations covering safety zones
contained in section 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.

    Dated: July 28, 2000.
T.V. Skuby,
Commander, U.S. Coast Guard, Acting Captain of the Port, Long Island
Sound.
[FR Doc. 00-20591 Filed 8-11-00; 8:45 am]
BILLING CODE 4910-15-U

 
 

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