[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]



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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