[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Rules and Regulations]
[Pages 34160-34161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16149]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-95-072]
RIN 2115-AA97
Safety Zone: Larchmont Shore Club Centennial Fireworks, Long
Island Sound, 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 Larchmont Shore Club Centennial fireworks program located on Long
Island Sound, New York. The safety zone is in effect from 8:45 p.m.
until 10 p.m. on Saturday, July 29, 1995, with a rain date of Sunday,
July 30, 1995, at the same times. The safety zone temporarily closes
all waters of Long Island Sound within a 330 yard radius of a fireworks
barge anchored approximately 400 yards south of the Horseshoe Harbor
entrance, Larchmont, New York.
EFFECTIVE DATE: This rule is effective from 8:45 p.m. until 10 p.m. on
July 29, 1995, with a rain date of July 30, 1995, at the same times,
unless extended or terminated sooner by the Captain of the Port New
York.
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
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 an NPRM. Due to the date this application was received,
there was insufficient time to draft and publish a notice of proposed
rulemaking that allows for a reasonable comment period prior to the
event. The delay encountered if normal rulemaking procedures were
followed would effectively cancel this event. Cancellation of this
event is contrary to the public interest.
Background and Purpose
Bay Fireworks, Inc. submitted an Application for Approval of Marine
Event to hold a fireworks program in the waters of Long Island Sound.
The fireworks program is being sponsored by the Larchmont Shore Club.
This regulation establishes a temporary safety zone in all waters of
Long Island Sound within a 330 yard radius of a fireworks barge
anchored approximately 400 yards south of the Horseshoe Harbor
entrance, Larchmont, New York, at or near 40 deg.54'46'' N latitude,
073 deg.44'51'' W longitude (NAD 1983). The safety zone is in effect
from 8:45 p.m. until 10 p.m. on July 29, 1995, with a rain date of July
30, 1995, at the same times, unless extended or terminated sooner by
the Captain of the Port New York. The safety zone prevents vessels from
transiting this portion of Long Island Sound along its northern bank
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. The safety zone closes a portion
of Long Island Sound to vessel traffic from 8:45 p.m. until 10 p.m. on
July 29, 1995, with a rain date of July 30, 1995, at the same times,
unless extended or terminated sooner by the Captain of the Port New
York. Although this regulation prevents traffic from transiting the
area, the effect of this regulation is not significant for several
reasons: the duration of the event is limited; the event is at a late
hour; vessel traffic can transit safely to the south, east and west of
the zone; and the extensive, advance advisories which will be made.
Accordingly, 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 or 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 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, 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. 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. This fireworks
[[Page 34161]]
display lasts less than 30 minutes and is expected to involve less than
200 spectator craft.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final 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 Sec. 165.T01-072, is added to read as follows:
Sec. 165.T01-072 Safety Zone; Larchmont Shore Club Centennial
Fireworks, Long Island Sound, New York.
(a) Location. The safety zone includes the waters of Long Island
Sound within a 330 yard radius of a fireworks barge anchored
approximately 400 yards south of the Horseshoe Harbor entrance,
Larchmont, New York, at or near 40 deg.54'46'' N latitude,
073 deg.44'51'' W longitude (NAD 1983).
(b) Effective period. This section is in effect from 8:45 p.m.
until 10 p.m. on July 29, 1995, with a rain date of July 30, 1995, at
the same times, 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: June 20, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-16149 Filed 6-29-95; 8:45 am]
BILLING CODE 4910-14-M