[Federal Register: July 7, 2006 (Volume 71, Number 130)]
[Rules and Regulations]
[Page 38532-38534]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy06-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-06-064]
RIN 1625-AA00
Safety Zone; Fundacion Amistad Fireworks, Three Mile Harbor, East
Hampton, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Fundacion Amistad Fireworks in Three Mile Harbor off of East
Hampton, NY. The safety zone is necessary to protect the life and
property of the maritime community from the hazards posed by the
fireworks display. Entry into or movement within this safety zone
during the enforcement period is prohibited without approval of the
Captain of the Port, Long Island Sound.
DATES: This rule is effective from 8:30 p.m. to 11:30 p.m. on July 22,
2006 and July 23, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [CGD01-06-064] and will be available for
inspection or copying at Sector Long Island Sound, New Haven, CT,
between 9 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade D. Miller,
Assistant Chief, Waterways Management Division, Coast Guard Sector Long
Island Sound at (203) 468-4596.
SUPPLEMENTARY INFORMATION:
[[Page 38533]]
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. The Coast Guard did not
receive an Application for Approval of Marine Event for this event
until May 1, 2006, thereby making an NPRM impracticable and contrary to
the pubic interest.
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. Any delay encountered in this
regulation's effective date would be impracticable and contrary to
public interest since immediate action is needed to prevent traffic
from transiting a portion of Three Mile Harbor off of East Hampton, NY
and to protect the maritime public from the hazards associated with
this fireworks event.
The temporary zone should have minimal negative impact on the
public and navigation because it is only effective for a 3 hour period
and the area closed by the safety zone is minimal, allowing vessels to
transit around the zone in Three Mile Harbor off of East Hampton, NY.
Background and Purpose
The Fundacion Amistad Fireworks display will be taking place in
Three Mile Harbor off of East Hampton, NY from 8:30 p.m. to 11:30 p.m.
on July 22, 2006. If the fireworks display is cancelled due to
inclement weather on July 22, 2006, it will take place during the same
hours on July 23, 2006. This safety zone is necessary to protect the
life and property of the maritime public from the hazards posed by the
fireworks display. It will protect the maritime public by prohibiting
entry into or movement within this portion of Three Mile Harbor one
hour prior to, during and one hour after the stated event.
Discussion of Rule
This regulation establishes a temporary safety zone in Three Mile
Harbor off of East Hampton, NY and the impacted waters of Three Mile
Harbor within an 800-foot radius of the fireworks launch site located
at approximate position 41[deg]1'5'' N, 072[deg]11'55'' W. The
temporary safety zone will be outlined by temporary marker buoys
installed by the event organizers.
This action is intended to prohibit vessel traffic in a portion of
Three Mile Harbor off of East Hampton, NY to provide for the protection
of life and property of the maritime public. The safety zone will be
enforced from 8:30 p.m. until 11:30 p.m. on July 22, 2006. Marine
traffic may transit safely outside of the safety zone during the event
thereby allowing navigation of the rest of Three Mile Harbor except for
the portion delineated by this rule.
The Captain of the Port anticipates minimal negative impact on
vessel traffic due to this event due to the limited area and duration
covered by this safety zone. Public notifications will be made prior to
the effective period via local notice to mariners and marine
information broadcasts.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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.
We expect the economic impact of this rule will be so minimal that
a full Regulatory Evaluation under the regulatory policies and
procedures of DHS is unnecessary. This regulation may have some impact
on the public, but the potential impact will be minimized for the
following reasons: vessels will only be excluded from the area of the
safety zone for 3 hours; and vessels will be able to operate in other
areas of Three Mile Harbor off of East Hampton, NY during the
enforcement period.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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 may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit or anchor in those portions of Long Island Sound covered by the
safety zone. For the reasons outlined in the Regulatory Evaluation
section above, this rule will not have a significant impact on a
substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 [Pub. L. 104-121], we offered to
assist small entities in understanding this rule so that they can
better evaluate its effects on them and participate in the rulemaking
process. If this rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please call Lieutenant Junior
Grade D. Miller, Assistant Chief, Waterways Management Division, Sector
Long Island Sound, at (203) 468-4596.
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 under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such
[[Page 38534]]
an expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
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 will 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,
because it will not have 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of the
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34), of the Instruction, from further environmental
documentation.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1225, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T01-064 to read as follows:
Sec. 165.T01-064 Safety Zone: Fundacion Amistad Fireworks, Three
Mile Harbor, East Hampton, NY.
(a) Location. The following area is a safety zone: All waters of
Three Mile Harbor in an 800-foot radius of a fireworks barge site
located off of East Hampton, NY at approximate position 41[deg]1'5'' N,
072[deg]11'55'' W. All coordinates are North American Datum 1983.
(b) Enforcement period. This section will be enforced from 8:30
p.m. to 11:30 p.m. on Saturday, July 22, 2006. If the fireworks display
is cancelled due to inclement weather on July 22, 2006, it will take
place during the same hours on Sunday, July 23, 2006.
(c) Regulations. (1) The general regulations contained in 33 CFR
Sec. 165.23 apply.
(2) In accordance with the general regulations in Sec. 165.23 of
this part, entry into or movement within this zone is prohibited unless
authorized by the Captain of the Port, Long Island Sound.
(3) All persons and vessels shall comply with the Coast Guard
Captain of the Port or designated on-scene patrol personnel. These
personnel comprise commissioned, warrant and petty officers of the U.S.
Coast Guard. Upon being hailed by a U.S. Coast Guard vessel by siren,
radio, flashing light or other means, the operator of the vessel shall
proceed as directed.
Dated: June 22, 2006.
J.J. Plunkett,
Commander, U.S. Coast Guard, Captain of the Port, Long Island Sound,
Acting.
[FR Doc. E6-10592 Filed 7-6-06; 8:45 am]
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