[Federal Register Volume 60, Number 80 (Wednesday, April 26, 1995)]
[Rules and Regulations]
[Pages 20430-20431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10234]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-95-013]
RIN 2115-AA97


Safety Zone: Annual North Hempstead Memorial Day Fireworks 
Display, Hempstead Harbor, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent safety zone for 
the annual North Hempstead Memorial Day fireworks display located in 
Hempstead Harbor, New York. The safety zone will be in effect annually 
on the Friday before Memorial Day from 8 p.m. until 10 p.m., with a 
rain date on the following Saturday during the same times, unless 
extended or terminated sooner by the Captain of the Port New York. The 
safety zone closes all waters of Hempstead Harbor within a 300 yard 
radius of the fireworks platform located approximately 300 yards north 
of Bar Beach, North Hempstead, New York.

EFFECTIVE DATE: This rule is effective May 26, 1995.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief, 
Coast Guard Group New York (212) 668-7934.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this notice are LTJG K. Messenger, Project Manager, 
Coast Guard Group New York and LCDR J. Stieb, Project Attorney, First 
Coast Guard District, Legal Office.

Regulatory History

    On March 16, 1995, the Coast Guard published a notice of proposed 
rulemaking (NPRM) in the Federal Register (60 FR 14245). Interested 
persons were requested to submit comments on or before April 17, 1995. 
No comments were received. A public hearing was not requested and one 
was not held. The Coast Guard is promulgating this final rule as 
proposed.

Background and Purpose

    For the last several years, the Town of North Hempstead has 
submitted an Application for Approval of Marine Event for a fireworks 
program in the waters of Hempstead Harbor. This regulation establishes 
an annual safety zone in the waters of Hempstead Harbor on the Friday 
before Memorial Day from 8 p.m. until 10 p.m., with a rain date on the 
following Saturday during the same times, unless extended or terminated 
sooner by the Captain of the Port New York. This safety zone precludes 
all vessels from transiting within a 300 yard radius of the fireworks 
platform located approximately 300 yards north of Bar Beach, North 
Hempstead, New York. It is needed to protect mariners from the hazards 
associated with fireworks exploding in the area. The effective period 
of the safety zone will be announced annually via Safety Marine 
Information Broadcasts and by locally issued notices.

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 safety zone closes a portion 
of Hempstead Harbor to all vessel traffic annually on the Friday before 
Memorial Day from 8 p.m. until 10 p.m., with a rain date on the 
following Saturday at the same times, unless extended or terminated 
sooner by the Captain of the Port New York. Although this regulation 
prevents traffic from transiting this area, the effect of this 
regulation will not be significant for several reasons. Due to the 
limited duration of the event; the late hour of the event; the 
extensive, advance advisories that will be made; that the amount of 
traffic in this area is minimal; and that this event has been held 
annually for the past several years without incident or complaint, the 
Coast Guard expects the economic impact of this 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 regulation 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 reasons set forth in the above Regulatory Evaluation, the Coast 
Guard expects the impact of this regulation to be minimal. The 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).

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 raise 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. of Commandant 
Instruction M16475.1B, revised 59 FR 38654, it is 
[[Page 20431]] categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination and Environmental 
Analysis Checklist are included in the docket. An appropriate 
environmental analysis of the fireworks program under the National 
Environmental Policy Act will be conducted in conjunction with the 
marine event permitting process each year.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the 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. Section 165.178 is added to read as follows:


Sec. 165.178  Safety Zone; Annual North Hempstead Memorial Day 
Fireworks Display, Hempstead Harbor, New York.

    (a) Location. All waters of Hempstead Harbor within a 300 yard 
radius of a fireworks platform located approximately 300 yards north of 
Bar Beach, North Hempstead, New York.
    (b) Effective period. This safety zone is in effect annually on the 
Friday before Memorial Day from 8 p.m. until 10 p.m., unless extended 
or terminated sooner by the Captain of the Port New York. If the 
fireworks is canceled because of bad weather, this section is in effect 
on the following Saturday at the time unless extended or terminated 
sooner by the Captain of the Port New York. The effective period will 
be announced annually via Safety Marine Information Broadcasts and 
locally issued notices.
    (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: April 18, 1995.
J. Rutkovsky,
Acting Commander, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 95-10234 Filed 4-25-95; 8:45 am]
BILLING CODE 4910-14-M