[Federal Register Volume 62, Number 171 (Thursday, September 4, 1997)]
[Rules and Regulations]
[Pages 46670-46671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23443]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-97-089]
RIN 2115-AA97
Safety Zone: Harbor Festival Fireworks Display, Greenport, NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone,
September 27, 1997, for the Harbor Festival Fireworks Display to be
held in Greenport Harbor, Greenport, NY. This temporary safety zone is
needed to protect persons, facilities, vessels and others in the
maritime community from the safety hazards associated with this
fireworks display. Entry into this safety zone is prohibited unless
authorized by the Capital of the Port or the Coast Guard Patrol
Commander.
EFFECTIVE DATE: This regulation is effective September 27, 1997, from
8:45 p.m. until 10:15 p.m.
ADDRESSES: Documents relating to this temporary final rule are
available for inspection and copying at U.S. Coast Guard Group Long
Island Sound, 120 Woodward Ave., New Haven, CT 06512. Normal office
hours are between 8:00 a.m. and 4:00 p.m., Monday through Friday,
except holidays. Comments may also be faxed to this address. Our fax
number is (203) 468-4445.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander T.J. Walker, Chief of Port Operations, Captain of
the Port, Long Island Sound at (203) 468-4444.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, good cause exists for not publishing a
notice of proposed rulemaking (NPRM) and for making this rule effective
in less than 30 days after Federal Register publication. 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 sponsor, East End Maritime Museum, of Greenport, NY, requested
that a fireworks display be permitted in Greenport Harbor, Greenport,
NY. This regulation establishes a temporary safety zone in all waters
of Greenport Harbor within a 600 foot radius of the fireworks barges.
The safety zone is in effect on September 27, 1997, from 8:45 p.m.
until 10:15 p.m. and is necessary to protect the maritime community
from the safety hazards associated with this fireworks display. Entry
into or movement within this zone will be prohibited unless authorized
by the Captain of the Port or the Coast Guard Patrol Commander.
Regulatory Evaluation
This temporary 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
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
Entry into this zone will be restricted for a brief period of time on
September 27, 1997, the effect of this regulation will not be
significant for several reasons: the duration of the event is limited;
the event is at a late hour; and extensive, advance maritime advisories
will be made.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this proposal 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
[[Page 46671]]
governmental jurisdictions with populations less than 50,000.
For the reasons addressed under the Regulatory Evaluation above,
the Coast Guard finds that this rule will not have a significant impact
on a substantial number of small entities.
Collection of Information
This rule 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 action under the principles and
criteria contained in Executive Order 12612, and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
rule and concluded that under section 2.B.2.e. of Commandant
Instruction M16475.1B, as revised by 59 FR 38654, July 29, 1994, this
rule is categorically excluded from further environmental
documentation.
A Categorical Exclusion Determination and an Environmental Analysis
Checklist are included in the docket and are available for inspection
or copying at the location indicated under ADDRESSES. An appropriate
environmental analysis of the fireworks program will be conducted in
conjunction with the marine event permitting process.
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:
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.T01-089, is added to read as follows:
Sec. 165.T01-089 Harbor Festival Fireworks Display, Greenport, NY.
(a) Location. The safety zone includes all waters of Greenport
Harbor, within an 600 foot radius of the fireworks barges, located in
Greenport Harbor, Greenport, NY, at approximate position 41 deg.02.6'
N, 072 deg.21.3' W. (NAD 1983)
(b) Effective date. This section is effective on September 27,
1997, from 8:45 p.m. until 10:15 p.m., unless terminated sooner by the
Captain of the Port Long Island Sound.
(c) Regulations. The general regulations contained in Sec. 165.23
apply.
Dated: August 8, 1997.
P.K. Mitchell,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 97-23443 Filed 9-3-97; 8:45 am]
BILLING CODE 4910-14-M
