[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12404]


[[Page Unknown]]

[Federal Register: May 20, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-94-022]
RIN 2115-AA97
 

Safety Zone; North Hempstead Memorial Day 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 North Hempstead Memorial Day Fireworks in Hempstead Harbor. This 
event is sponsored by the Town of North Hempstead, and will take place 
from 8 p.m. until 10 p.m. on May 27, 1994, with a rain date of May 28, 
1994, at the same times. This safety zone is needed to protect the 
boating public from the hazards associated with fireworks exploding in 
the area.

EFFECTIVE DATE: This rule is effective from 8 p.m. until 10 p.m. on May 
27, 1994, with a rain date of May 28, 1994, at the same times.

FOR FURTHER INFORMATION CONTACT:
Lt R. Trabocchi, Project Manager, Captain of the Port, New York, (212) 
668-7933.

SUPPLEMENTARY INFORMATION: 

Drafting Information

    The drafters of this notice are LT R. Trabocchi, Project Manager, 
Captain of the Port, New York and CDR J. Astley, Project Attorney, 
First Coast Guard District, Legal Office.

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking was not 
published for this regulation and good cause exists for making it 
effective less than 30 days after Federal Register publication. Due to 
the date this application was received, there was not sufficient time 
to publish a proposed rule in advance of the event. Publishing a NPRM 
and delaying the event would be contrary to public interest since the 
fireworks display is for public viewing.

Background and Purpose

    On March 10, 1994, the Town of North Hempstead submitted an 
application to hold a fireworks display in Hempstead Harbor north of 
Bar Beach. This regulation establishes a temporary safety zone in all 
waters of Hempstead Harbor within a 300 yard radius from the center of 
three fireworks barges anchored together north of Bar Beach, New York. 
This safety zone is being established to protect boaters from the 
hazards associated with fireworks exploding in the area. No vessel will 
be permitted to enter or move within this safety zone unless authorized 
to do so by the Coast Guard Captain of the Port, New York.

Regulatory Evaluation

    This rule is not a significant regulatory action under Executive 
Order 12866 and is not significant under Department of Transportation 
Regulatory Policies and Procedures (44 FR 11040; February 26, 1979). No 
vessel traffic is permitted to transit within a 300 yard radius of 
three fireworks barges anchored together north of Bar Beach in 
Hempstead Harbor, New York. This safety zone will completely block the 
navigable waters in this area; however, due to the limited duration of 
the event, the extensive, advance advisories that will be made to allow 
recreational and commercial traffic to make necessary transits before 
or after the event, and the limited traffic routinely operating in the 
area at the time of the event, 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 the reasons given 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 these 
regulations and concluded that under section 2.B.2.c. of Commandant 
Instruction M16475.1B, it is an action under the Coat Guard's statutory 
authority to promote maritime safety and protect the environment, and 
thus is categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination is included in the 
docket.

List of Subjects in 33 CFR Part 165

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

Regulations

    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.T01-022 is added to read as follows:


Sec. 165.T01-022  North Hempstead Memorial Day Fireworks, Hempstead 
Harbor, New York.

    (a) Location. This temporary safety zone includes all waters of 
Hempstead Harbor within a 300 yard radius from the center of three 
fireworks barges anchored together north of Bar Beach, New York, at or 
near 40 deg.49'50'' N latitude and 73 deg.39'10'' W longitude.
    (b) Effective period. This section is effective from 8 p.m. until 
10 p.m. on May 27, 1994, with a rain date of May 28 1994, at the same 
times.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply to 
this safety zone.
    (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 officer 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: May 5, 1994.
T. H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 94-12404 Filed 5-19-94; 8:45 am]
BILLING CODE 4910-14-M