[Federal Register Volume 60, Number 153 (Wednesday, August 9, 1995)]
[Proposed Rules]
[Pages 40543-40545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19676]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-95-123]
RIN 2115-AA97
Safety Zone: Grande Fiesta Italiana Fireworks, Hempstead Harbor,
NY
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
located in Hempstead Harbor, New York, for the Grande Fiesta Italiana
fireworks program. If adopted, the safety zone would be in effect from
9 p.m.
[[Page 40544]]
until 10:15 p.m. on Sunday, September 10, 1995. This proposed
regulation would close all waters of Hempstead Harbor, shore to shore,
within a 300 yard radius of two fireworks barges anchored approximately
300 yards north of Bar Beach, Port Washington, New York.
DATES: Comments must be received on or before August 29, 1995.
ADDRESSES: Comments should be mailed to Captain of the Port, New York,
Bldg. 108, Governors Island, New York 10004-5096, or may be delivered
to the Planning and Readiness Division, Bldg 108, between 8 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
Any person wishing to visit the office must contact the Planning
and Readiness Division at (212) 668-7934 to obtain advance clearance
due to the fact that Governors Island is a military installation with
limited access.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief,
Coast Guard Group New York (212) 668-7934.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments. Good
cause exists for publishing this Notice of proposed rulemaking (NPRM)
with a 20 day comment period. A 20 day comment period is deemed to be
sufficiently reasonable notice to all interested persons. Since this
proposed rulemaking is neither complex nor technical, a longer comment
period is deemed to be unnecessary and contrary to the public interest
as it would delay publication of the final rule until immediately
before or after the event. Cancellation of this event would be contrary
to public interest.
Persons submitting comments should include their names and
addresses, identify this notice (CGD01-95-123) and the specific section
of the proposal to which their comments apply, and give reasons 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, however, persons may request a
public hearing by writing to the Project Manager at the address under
ADDRESSES. If it is determined that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announce by a later notice in the
Federal Register.
Drafting Information
The drafters of this notice are LTJG K. Messenger, Project Manager,
Coast Guard Group New York and CDR J. Stieb, Project Attorney, First
Coast Guard District, Legal Office.
Background and Purpose
On July 17, 1995, Fireworks by Crucci, Inc. submitted an
Application for Approval of Marine Event to hold a fireworks program in
the waters of Hempstead Harbor. The fireworks program is being
sponsored by the Sons of Italy. If adopted, the regulation would
establish a temporary safety zone in all waters of Hempstead Harbor,
shore to shore, within a 300 yard radius of the fireworks barges
anchored approximately 300 yards north of Bar Beach, Port Washington,
New York, at or near 40 deg.49'52''N latitude, 073 deg.39'10''W
longitude (NAD 1983). The Safety zone would close this portion of the
harbor to through vessel traffic. The regulation would be effective
from 9 p.m. until 10:15 p.m. on September 10, 1995, unless extended or
terminated sooner by the Captain of the Port New York. The safety zone
would prevent vessels from transiting this portion of Hempstead Harbor,
from shore to shore, and is needed to protect mariners from the hazards
associated with fireworks exploding in the area.
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 10(e) of the regulatory policies and procedures of DOT is
unnecessary. If adopted, the regulation would close a portion of
Hempstead Harbor, shore to shore, north of Bar Beach to vessel traffic
from 9 p.m. until 10:15 p.m. on September 10, 1995, unless extended or
terminated sooner by the Captain of the Port New York. Although it
would prevent traffic from transiting the area, the effect of the
proposed regulation would not be significant for several reasons: the
duration of the event is limited; the event is at a late hour; the
amount of commercial traffic in the area is minimal; and the extensive,
advance advisories which will be made. Accordingly, the Coast Guard
expects the economic impact of the proposed 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 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 set forth in the Regulatory Evaluation, the Coast
Guard expects the impact of this proposal to be minimal. The Coast
Guard certifies under 5 U.S.C. 605(b) that this proposal 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).
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 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.e. of Commandant
Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, it is
categorically excluded from further environmental documentation. A
Categorical Exclusion Determination and Environmental Analysis
Checklist are included in the docket and are available for inspection
at the office indicated in the ADDRESSES section. Under the National
Environmental Policy Act, the approval of the permit for marine event
for this event is a federal action which is categorically excluded in
accordance with section 2.B.2.e(35)(h) of Commandant Instruction
M16475.1B, as amended, July 29, 1994. The fireworks display lasts less
than 30 minutes and is expected to involve less than 200 spectator
craft.
[[Page 40545]]
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulation
For reasons set out in the preamble, 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,T01-123, is added to read as follows:
Sec. 156.T01-123 Safety Zone; Grande Fiesta Italiana Fireworks,
Hempstead Harbor, New York.
(a) Location. The safety zone includes the waters of Hempstead
Harbor, shore to shore, within a 300 yard radius of a fireworks barge
anchored approximately 300 yards north of Bar Beach, Port Washington,
New York, at or near 40 deg.49'52''N latitude 073 deg.39'10''W
longitude (NAD 1983).
(b) Effective period. This section is in effect from 9 p.m. until
10:15 p.m. on September 10, 1995, unless extended or terminated sooner
by the Captain of the Port New York.
(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. 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.
Dated: August 1, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-19676 Filed 8-8-95; 8:45 am]
BILLING CODE 4910-14-M
