[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12404]
[[Page Unknown]]
[Federal Register: May 20, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-94-022]
RIN 2115-AA97
Safety Zone; North Hempstead Memorial Day Fireworks, Hempstead
Harbor, NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the North Hempstead Memorial Day Fireworks in Hempstead Harbor. This
event is sponsored by the Town of North Hempstead, and will take place
from 8 p.m. until 10 p.m. on May 27, 1994, with a rain date of May 28,
1994, at the same times. This safety zone is needed to protect the
boating public from the hazards associated with fireworks exploding in
the area.
EFFECTIVE DATE: This rule is effective from 8 p.m. until 10 p.m. on May
27, 1994, with a rain date of May 28, 1994, at the same times.
FOR FURTHER INFORMATION CONTACT:
Lt R. Trabocchi, Project Manager, Captain of the Port, New York, (212)
668-7933.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this notice are LT R. Trabocchi, Project Manager,
Captain of the Port, New York and CDR J. Astley, Project Attorney,
First Coast Guard District, Legal Office.
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking was not
published for this regulation and good cause exists for making it
effective less than 30 days after Federal Register publication. Due to
the date this application was received, there was not sufficient time
to publish a proposed rule in advance of the event. Publishing a NPRM
and delaying the event would be contrary to public interest since the
fireworks display is for public viewing.
Background and Purpose
On March 10, 1994, the Town of North Hempstead submitted an
application to hold a fireworks display in Hempstead Harbor north of
Bar Beach. This regulation establishes a temporary safety zone in all
waters of Hempstead Harbor within a 300 yard radius from the center of
three fireworks barges anchored together north of Bar Beach, New York.
This safety zone is being established to protect boaters from the
hazards associated with fireworks exploding in the area. No vessel will
be permitted to enter or move within this safety zone unless authorized
to do so by the Coast Guard Captain of the Port, New York.
Regulatory Evaluation
This rule is not a significant regulatory action under Executive
Order 12866 and is not significant under Department of Transportation
Regulatory Policies and Procedures (44 FR 11040; February 26, 1979). No
vessel traffic is permitted to transit within a 300 yard radius of
three fireworks barges anchored together north of Bar Beach in
Hempstead Harbor, New York. This safety zone will completely block the
navigable waters in this area; however, due to the limited duration of
the event, the extensive, advance advisories that will be made to allow
recreational and commercial traffic to make necessary transits before
or after the event, and the limited traffic routinely operating in the
area at the time of the event, the Coast Guard expects the economic
impact of this regulation to be so minimal that a Regulatory Evaluation
is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this regulation will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include independently owned and operated small
businesses that are not dominant in their field and that otherwise
qualify as ``small business concerns'' under Section 3 of the Small
Business Act (15 U.S.C. 632).
For the reasons given in the Regulatory Evaluation, the Coast Guard
expects the impact of this regulation to be minimal. The Coast Guard
certifies under 5 U.S.C. 605(b) that this regulation will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This regulation contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501).
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this regulation does not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of these
regulations and concluded that under section 2.B.2.c. of Commandant
Instruction M16475.1B, it is an action under the Coat Guard's statutory
authority to promote maritime safety and protect the environment, and
thus is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination is included in the
docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulations
For 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. A temporary section, 165.T01-022 is added to read as follows:
Sec. 165.T01-022 North Hempstead Memorial Day Fireworks, Hempstead
Harbor, New York.
(a) Location. This temporary safety zone includes all waters of
Hempstead Harbor within a 300 yard radius from the center of three
fireworks barges anchored together north of Bar Beach, New York, at or
near 40 deg.49'50'' N latitude and 73 deg.39'10'' W longitude.
(b) Effective period. This section is effective from 8 p.m. until
10 p.m. on May 27, 1994, with a rain date of May 28 1994, at the same
times.
(c) Regulations.
(1) The general regulations contained in 33 CFR 165.23 apply to
this safety zone.
(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 officer 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: May 5, 1994.
T. H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 94-12404 Filed 5-19-94; 8:45 am]
BILLING CODE 4910-14-M
