[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]] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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