[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16690]


[[Page Unknown]]

[Federal Register: July 11, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-94-072]
RIN 2115-AA97

 

Safety Zone; Fireworks Display, Westhampton Beach, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone in 
Moneybogue Bay, around the Marine Towing Company fireworks barge 
located approximately in the center of Moneybogue Bay, Westhampton 
Beach, NY from 9:45 p.m. through 10:45 p.m. on August 20, 1994. This 
safety zone is needed to protect the maritime community from possible 
navigation hazards associated with a fireworks display. Entry into this 
zone will be prohibited unless authorized by the Captain of the Port, 
Long Island Sound.

DATES: Comments must be received on or before August 10, 1994.

ADDRESSES: Comments may be mailed to the Captain of the Port, 120 
Woodward Avenue, New Haven, CT 06512 or may be delivered to the Port 
Operations office at the above address between 8 a.m. and 4 p.m., 
Monday through Friday, except federal holidays. The telephone number is 
(203) 468-4464.
    The Captain of the Port maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at the Port Operations office at 
the above address.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander T.V. Skuby, Chief of Port Operations, Captain of 
the Port, Long Island Sound at (203) 468-4464.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their name and address, 
identify this rulemaking [CGD01 94-072] and the specific section of 
this proposal to which each comment applies, and give a reason for each 
comment. Persons wanting acknowledgment of receipt of comments should 
enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing. Persons may request a public 
hearing by writing to the Project Officer at the address under 
``ADDRESSES.'' If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The principal persons involved in drafting this document are LCDR 
T.V. Skuby, Project Officer, Captain of the Port, Long Island Sound, 
and LCDR J. Stieb, Project Attorney, First Coast Guard District, Legal 
Office.

Background and Purpose

    On May 26, 1994, the sponsor, Mr. Ronald Feldstein, Westhampton 
Beach, NY requested that a fireworks display be permitted in the port 
of Westhampton Beach in the vicinity of Moneybogue Bay, Westhampton 
Beach, NY, from 9:45 p.m. through 10:45 p.m. on August 20, 1994. The 
safety zone will cover all waters of Moneybogue Bay within a 1200 foot 
radius of the Marine Towing Company fireworks barge, which will be 
located approximately in the center of Moneybogue Bay. This zone is 
required to protect the maritime community from the dangers and 
potential hazards to navigation associated with the fireworks display. 
Entry into or movement within this zone will be prohibited unless 
authorized by the Captain of the Port or his on scene representative. 
Good cause exists for providing a comment period of less than 60 days. 
Due to the date the application was received, only a 30 day comment 
period can be provided.

Regulatory Evaluation

    This proposal 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 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.
    The Coast Guard expects the economic impact to be minimal due to 
the limited duration of the fireworks display, the small size of the 
safety zone, the low level or nonexistent commercial vessel traffic 
expected in the area during the effective time of the zone, and the 
broadcast of marine safety advisories the day of the event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal 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 addressed in the Regulatory Evaluation above, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if 
adopted, will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This proposal 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 proposal in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposal 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 
proposal and concluded that under section 2.B.2.c. of Commandant 
Instruction M16475.1B, it is an action under the Coast Guard's 
statutory authority to protect public safety, and thus is categorically 
excluded from further environmental documentation. A Categorical 
Exclusion Determination will be made available in the docket.

List of Subjects in 33 CFR Part 165

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

Proposed Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend 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; Fireworks Display, Westhampton Beach, 
NY.

    (a) Location. The safety zone includes all waters of Moneybogue Bay 
within a 1200 foot radius of the Marine Towing Company barge, the 
fireworks launching platform, which will be located approximately in 
the center of Moneybogue Bay, Westhampton Beach, NY in approximate 
position 40 deg.48'05'' N; 072 deg.38'20'' W.
    (b) Effective date. This section is effective from 9:45 p.m. 
through 10:45 p.m. on August 20, 1994, unless terminated sooner by the 
Captain of the Port. In case of inclement weather, this regulation will 
be effective on the rain date of August 27, 1994, at the same times.
    (c) Regulations. The general regulations covering safety zones 
contained in section 165.23 of this part apply.

    Dated: June 23, 1994.
T.W. Allen,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 94-16690 Filed 7-8-94; 8:45 am]
BILLING CODE 4910-14-M