[Federal Register Volume 65, Number 202 (Wednesday, October 18, 2000)]
[Rules and Regulations]
[Pages 62289-62290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26769]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-224]
RIN 2115-AA97


Safety Zone: Thunderbird Air Show, Long Island Sound, Governor 
Alfred E. Smith/Sunken Meadow State Park, Kings Park, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the 
Thunderbird Air Show Display to be held on Long Island Sound, Governor 
Alfred E. Smith/Sunken Meadow State Park, Kings Park, NY on October 28 
& 29, 2000. This action is needed to protect persons, facilities, 
vessels and others in the maritime community from the safety hazards 
associated with this display. Entry into this safety zone is prohibited 
unless authorized by the Captain of the Port.

DATES: This rule is effective from 10:30 a.m. on October 28, 2000 until 
4:30 p.m. on October 29, 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 7:30 a.m. and 4:00 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 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

    The New York State Office of Parks, Recreation and Historic 
Preservation is sponsoring an Air Show display on Long Island Sound, 
Governor Alfred E. Smith/Sunken Meadow State Park, Kings Park, NY. The 
Air Show display will occur on October 28 & 29, 2000. The safety zone 
covers all waters of the Long Island Sound within a 3,000 foot by 
12,000 foot area which will be located in approximate position: 
Northeast corner; 40 deg.-55.0.5'N, 073 deg.-16.40'W, Northwest corner; 
40 deg.-55.0.5'N, 073 deg.-14.40'W, Southeast corner; 40 deg.-54.55'N, 
073 deg.-16.40'W, Southwest corner; 40 deg.-54.55'N, 073 deg.-14.40'W, 
(NAD 1983). This zone is required to protect the maritime community 
from the safety dangers associated with this 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 Long Island Sound and entry into 
this zone will be restricted for 6 hours on October 28 and 29, 2000. 
Although this regulation prevents traffic from transiting this section 
of Long Island Sound, the effect of this regulation will not be 
significant for several reasons: the duration of the event is limited; 
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 Long Island Sound from 10:30 a.m. 
until 4:30 p.m. on October 28 and 29, 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; 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

[[Page 62290]]

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 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. Section 165.100 is also 
issued under authority of Sec. 311, Pub.L. 105-383.


    2. Add temporary Sec. 165.T01-CGD1-224 to read as follows:


Sec. 165.T01-CGD1-224;  Thunderbird Air Show, Governor Alfred E. Smith/
Sunken Meadow State Park, Kings Park, NY.

    (a) Location. The safety zone includes all waters of Long Island 
Sound within a 3,000 foot by 12,000 foot area located on Long Island 
Sound, Governor Alfred E. Smith/Sunken Meadow State Park, Kings Park, 
NY in approximate position: Northeast corner; 40 deg.-55.05'N, 
073 deg.-16.40'W, Northwest corner; 40 deg.-55.0.5'N, 073 deg.-14.40'W, 
Southeast corner; 40 deg.-54.55'N, 073 deg.-16.40'W, Southwest corner; 
40 deg.-54.55'N, 073 deg.-14.40'W, (NAD 1983).
    (b) Effective date. This rule is effective from 10:30 a.m. on 
October 28, 2000 until 4:30 p.m. October 29, 2000.
    (c) (1) Regulations. The general regulations covering safety zones 
contained in Sec. 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.
    (d) Enforcement period. This rule will be enforced from 10:30 a.m. 
until 4:30 p.m. on October 28 and 29, 2000 respectively.

    Dated: October 5, 2000.
David P. Pekoske,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 00-26769 Filed 10-17-00; 8:45 am]
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