[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16690]
[[Page Unknown]]
[Federal Register: July 11, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-94-072]
RIN 2115-AA97
Safety Zone; Fireworks Display, Westhampton Beach, NY
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a safety zone in
Moneybogue Bay, around the Marine Towing Company fireworks barge
located approximately in the center of Moneybogue Bay, Westhampton
Beach, NY from 9:45 p.m. through 10:45 p.m. on August 20, 1994. This
safety zone is needed to protect the maritime community from possible
navigation hazards associated with a fireworks display. Entry into this
zone will be prohibited unless authorized by the Captain of the Port,
Long Island Sound.
DATES: Comments must be received on or before August 10, 1994.
ADDRESSES: Comments may be mailed to the Captain of the Port, 120
Woodward Avenue, New Haven, CT 06512 or may be delivered to the Port
Operations office at the above address between 8 a.m. and 4 p.m.,
Monday through Friday, except federal holidays. The telephone number is
(203) 468-4464.
The Captain of the Port maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at the Port Operations office at
the above address.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander T.V. Skuby, Chief of Port Operations, Captain of
the Port, Long Island Sound at (203) 468-4464.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their name and address,
identify this rulemaking [CGD01 94-072] and the specific section of
this proposal to which each comment applies, and give a reason for each
comment. Persons wanting acknowledgment of receipt of comments should
enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a public
hearing by writing to the Project Officer at the address under
``ADDRESSES.'' If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting Information
The principal persons involved in drafting this document are LCDR
T.V. Skuby, Project Officer, Captain of the Port, Long Island Sound,
and LCDR J. Stieb, Project Attorney, First Coast Guard District, Legal
Office.
Background and Purpose
On May 26, 1994, the sponsor, Mr. Ronald Feldstein, Westhampton
Beach, NY requested that a fireworks display be permitted in the port
of Westhampton Beach in the vicinity of Moneybogue Bay, Westhampton
Beach, NY, from 9:45 p.m. through 10:45 p.m. on August 20, 1994. The
safety zone will cover all waters of Moneybogue Bay within a 1200 foot
radius of the Marine Towing Company fireworks barge, which will be
located approximately in the center of Moneybogue Bay. This zone is
required to protect the maritime community from the dangers and
potential hazards to navigation associated with the 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.
Good cause exists for providing a comment period of less than 60 days.
Due to the date the application was received, only a 30 day comment
period can be provided.
Regulatory Evaluation
This proposal 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 been exempted from review 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
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
The Coast Guard expects the economic impact to be minimal due to
the limited duration of the fireworks display, the small size of the
safety zone, the low level or nonexistent commercial vessel traffic
expected in the area during the effective time of the zone, and the
broadcast of marine safety advisories the day of the event.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal 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 addressed in the Regulatory Evaluation above, the
Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if
adopted, will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this proposal does not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
proposal and concluded that under section 2.B.2.c. of Commandant
Instruction M16475.1B, it is an action under the Coast Guard's
statutory authority to protect public safety, and thus is categorically
excluded from further environmental documentation. A Categorical
Exclusion Determination will be made available in the docket.
List of Subjects in 33 CFR Part 165
Harbors, marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend 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 Sec. 165.T01-072 is added to read as follows:
Sec. 165.T01-072 Safety Zone; Fireworks Display, Westhampton Beach,
NY.
(a) Location. The safety zone includes all waters of Moneybogue Bay
within a 1200 foot radius of the Marine Towing Company barge, the
fireworks launching platform, which will be located approximately in
the center of Moneybogue Bay, Westhampton Beach, NY in approximate
position 40 deg.48'05'' N; 072 deg.38'20'' W.
(b) Effective date. This section is effective from 9:45 p.m.
through 10:45 p.m. on August 20, 1994, unless terminated sooner by the
Captain of the Port. In case of inclement weather, this regulation will
be effective on the rain date of August 27, 1994, at the same times.
(c) Regulations. The general regulations covering safety zones
contained in section 165.23 of this part apply.
Dated: June 23, 1994.
T.W. Allen,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 94-16690 Filed 7-8-94; 8:45 am]
BILLING CODE 4910-14-M
