[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