[Federal Register Volume 64, Number 119 (Tuesday, June 22, 1999)]
[Rules and Regulations]
[Pages 33196-33197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15867]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-042]
RIN 2115-AA97
Safety Zone: Glen Cove, New York 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 on
Hempstead Harbor for the Glen Cove, NY fireworks display. 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 Hempstead Harbor.
DATES: This rule is effective from 8:30 p.m. until 10 p.m. on July 4,
1999, and July 5, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at Coast Guard Activities New York, 212 Coast
Guard Drive, room 205, Staten Island, New York 10305, between 8 a.m.
and 3 p.m., Monday through Friday, except Federal holidays. The
telephone number is (718) 354-4193.
FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways
Oversight Branch, Coast Guard Activities New York (718) 354-4193.
SUPPLEMENTARY INFORMATION:
Regulatory History
On May 10, 1999, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled Safety Zone: Glen Cove, New York Fireworks,
Hempstead Harbor, NY in the Federal Register (64 FR 24987). The Coast
Guard received no letters commenting on the proposed rulemaking. No
public hearing was requested, and none was held.
Good cause exists for making this regulation effective less than 30
days after Federal Register publication. Due to the date the
Application for Approval of Marine Event was received, there was
insufficient time to promulgate a NPRM and a final rule that would be
effective at least 30 days after it was published. The Coast Guard
published an NPRM with a 30-day comment period, but this did not leave
sufficient time to publish the final rule 30 days before its effective
date. Any delay encountered in this regulation's effective date would
be contrary to public interest since immediate action is needed to
prevent traffic from transiting a portion of Hempstead Harbor, Glen
Cove, New York, and provide for the safety of life on navigable waters.
Additionally, the public was notified of this event when the NPRM was
published in the Local Notice to Mariners on May 12, 1999.
Background and Purpose
Bay Fireworks submitted an Application for Approval of a Marine
Event for a fireworks display on Hempstead Harbor. This regulation
establishes a temporary safety zone in all waters of Hempstead Harbor
within a 360-yard radius of the fireworks barge in approximate position
40 deg.51'58''N 073 deg.39'34''W (NAD 1983), approximately 500 yards
northeast of Glen Cove Breakwater Light 5 (LLNR 27065). The temporary
safety zone is in effect from 8:30 p.m. until 10 p.m. on July 4, 1999.
If the event is canceled due to inclement weather, then this event will
be held from 8:30 p.m. until 10 p.m. on July 5, 1999. The temporary
safety zone prevents vessels from transiting a portion of Hempstead
Harbor 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 the western 1,075 yards of Hempstead
Harbor. The Captain of the Port does not anticipate any negative impact
on vessel traffic due to this event. Additionally, vessels are not
[[Page 33197]]
precluded from mooring at or getting underway from public or private
facilities at Glen Cove or Red Spring Point, NY in the vicinity of this
event. Public notifications will be made prior to the event via Local
Notice to Mariners, and marine information broadcasts. The Coast Guard
limited the comment period for this NPRM to 30 days because the
temporary safety zone is only for a one and a half hour long local
event and it should have negligible impact on vessel transits.
Discussion of Comments and Changes
The Coast Guard received no letters commenting on the proposed
rulemaking. No changes were made to the proposed rule.
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. Although
this regulation prevents traffic from transiting a portion of Hempstead
Harbor during the event, the effect of this regulation will not be
significant for several reasons: the minimal time that vessels will be
restricted from the area, that vessels are not precluded from getting
underway, or mooring at public or private facilities in Glen Cove or
Red Spring Point, NY in the vicinity of this event, that vessels may
safely transit to the west of the zone, and advance notifications which
will be made to the local maritime community by the Local Notice to
Mariners and marine information broadcasts.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this 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 section above,
the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule
will not have a significant economic impact on a substantial number of
small entities.
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 12612 and has determined that
this final rule does not have sufficient implications for federalism to
warrant the preparation of a Federalism Assessment.
Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub.
L. 104-4, 109 Stat. 48] requires Federal agencies to assess the effects
of certain regulatory actions on State, local, and tribal governments,
and the private sector. UMRA requires a written statement of economic
and regulatory alternatives for rules that contain Federal mandates. A
``Federal mandate'' is a new or additional enforceable duty imposed on
any State, local, or tribal government, or the private sector. If any
Federal mandate causes those entities to spend, in the aggregate, $100
million or more in any one year, the UMRA analysis is required. This
final rule does not impose Federal mandates on any State, local, or
tribal governments, or the private sector.
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. A written
Categorical Exclusion Determination is available in the docket for
inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR 165
Harbors, Marine safety, Navigation (water), Reports 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),
6.04-6, 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.T01-042 to read as follows:
Sec. 165.T01-042 Safety Zone: Glen Cove, New York Fireworks, Hempstead
Harbor, NY.
(a) Location. The following area is a safety zone: All waters of
Hempstead Harbor within a 360-yard radius of the fireworks barge in
approximate position 40 deg. 51' 58'' N 073 deg. 39' 34'' W (NAD 1983),
approximately 500 yards northeast of Glen Cove Breakwater Light 5 (LLNR
27065).
(b) Effective period. This section is effective from 8:30 p.m.
until 10 p.m. on July 4, 1999. If the event is cancelled due to
inclement weather, then this section is effective from 8:30 p.m. until
10 p.m. on July 5, 1999.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 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. 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: June 11, 1999.
L.M. Brooks,
Captain, U.S. Coast Guard, Acting Captain of the Port, New York.
[FR Doc. 99-15867 Filed 6-21-99; 8:45 am]
BILLING CODE 4910-15-M
