[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)]
[Rules and Regulations]
[Pages 47054-47055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22839]
[[Page 47054]]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-96-109]
RIN 2115-AA97
Safety Zone: Grande Fiesta Italiana 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 Grande Fiesta Italiana fireworks display located in Hempstead
Harbor, New York. The safety zone is in effect from 9 p.m. until 10:30
p.m. on Saturday, September 7, 1996. The safety zone temporarily closes
all waters, shore to shore, within a 300 yard radius of a fireworks
barge anchored approximately 300 yards north of Bar Beach, Port
Washington, in Hempstead Harbor New York.
EFFECTIVE DATE: This rule is effective from 9 p.m. until 10:30 p.m. on
Saturday, September 7, 1996.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) D. D. Gefell, Waterways Oversight Branch,
Waterways Management Division, Coast Guard Activities New York, (212)
668-7906.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation. Good cause exists for not
publishing a NPRM and for making this regulation effective less than 30
days after Federal Register publication. Due to the date on which
complete information regarding this event was received, there was
insufficient time to draft and publish a NPRM. The delay that would be
required to provide a 30 day delay effective date would cause the event
to be cancelled. Cancellation of this event is contrary to public
interest because the event is intended for public entertainment.
Background and Purpose
Bay Fireworks Company, Inc., submitted an Application for Approval
of Marine Event to hold a fireworks display on the waters of Hempstead
Harbor. The fireworks program is being sponsored by the Sons of Italy
of Port Washington, NY. This regulation establishes a temporary safety
zone in all waters of Hempstead Harbor within a 300 yard radius of the
fireworks barge anchored approximately 300 yards north of Bar Beach,
Port Washington, NY, at or near 40 deg.49'52''N latitude,
73 deg.39'10''W longitude (NAD 1983). The safety zone is in effect from
9 p.m. until 10:30 p.m. on Saturday, September 7, 1996. The safety zone
prevents vessels from transiting this portion of Hempstead Harbor, and
is needed to protect mariners from the hazards associated with
fireworks exploding in the area.
Regulatory Evaluation
This regulation 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 regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of DOT is unnecessary. This regulation closes a portion
of Hempstead Harbor, north of Bar Beach to vessel traffic from 9 p.m.
until 10:30 p.m. on Saturday, September 7, 1996. This portion of
Hempstead Harbor has limited commercial traffic and is used primarily
by recreational vessels. Although the regulation prevents traffic from
transiting this area, the effect of the regulation will 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.
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'' may include (1) small businesses and not-for-profit
organizations that are not independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For reasons set forth in the Regulatory Evaluation, the limited
duration and commercial traffic, 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 et seq.).
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 have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that under section 2.B.2.e.(34)(g) of
Commandant Instruction M16475.1B (as revised by 59 FR 38654, July 29,
1994), the promulgation of this regulation is categorically excluded
from further environmental documentation. A Categorical Exclusion
Determination and Environmental Analysis Checklist are included in the
docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
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.T01-109, is added to read as follows:
Sec. 165.T01-109 Safety Zone: Grande Fiesta Italiana Fireworks
Display, Hempstead Harbor, New York.
(a) Location. 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 73 deg.39'10''W longitude (NAD 1983).
(b) Effective date. This section is effective from 9 p.m. until
10:30 p.m. on Saturday, September 7, 1996.
(c) Regulations.
(1) The general regulations contained in 33 C.F.R. 165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the
[[Page 47055]]
Coast Guard Captain of the Port or the designated on-scence patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the Coast Guard. Upon being hailed by a Coast
Guard vessel via siren, radio, flashing light, or other means, the
operator of a vessel shall proceed as directed.
Dated: August 27, 1996.
Richard C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 96-22839 Filed 9-5-96; 8:45 am]
BILLING CODE 4910-14-M
