[Federal Register Volume 60, Number 153 (Wednesday, August 9, 1995)]
[Proposed Rules]
[Pages 40543-40545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19676]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-95-123]
RIN 2115-AA97


Safety Zone: Grande Fiesta Italiana Fireworks, Hempstead Harbor, 
NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
located in Hempstead Harbor, New York, for the Grande Fiesta Italiana 
fireworks program. If adopted, the safety zone would be in effect from 
9 p.m. 

[[Page 40544]]
until 10:15 p.m. on Sunday, September 10, 1995. This proposed 
regulation would close all waters of Hempstead Harbor, shore to shore, 
within a 300 yard radius of two fireworks barges anchored approximately 
300 yards north of Bar Beach, Port Washington, New York.

DATES: Comments must be received on or before August 29, 1995.

ADDRESSES: Comments should be mailed to Captain of the Port, New York, 
Bldg. 108, Governors Island, New York 10004-5096, or may be delivered 
to the Planning and Readiness Division, Bldg 108, between 8 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.
    Any person wishing to visit the office must contact the Planning 
and Readiness Division at (212) 668-7934 to obtain advance clearance 
due to the fact that Governors Island is a military installation with 
limited access.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief, 
Coast Guard Group New York (212) 668-7934.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. Good 
cause exists for publishing this Notice of proposed rulemaking (NPRM) 
with a 20 day comment period. A 20 day comment period is deemed to be 
sufficiently reasonable notice to all interested persons. Since this 
proposed rulemaking is neither complex nor technical, a longer comment 
period is deemed to be unnecessary and contrary to the public interest 
as it would delay publication of the final rule until immediately 
before or after the event. Cancellation of this event would be contrary 
to public interest.
    Persons submitting comments should include their names and 
addresses, identify this notice (CGD01-95-123) and the specific section 
of the proposal to which their comments apply, and give reasons 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, however, persons may request a 
public hearing by writing to the Project Manager at the address under 
ADDRESSES. If it is determined that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announce by a later notice in the 
Federal Register.

Drafting Information

    The drafters of this notice are LTJG K. Messenger, Project Manager, 
Coast Guard Group New York and CDR J. Stieb, Project Attorney, First 
Coast Guard District, Legal Office.

Background and Purpose

    On July 17, 1995, Fireworks by Crucci, Inc. submitted an 
Application for Approval of Marine Event to hold a fireworks program in 
the waters of Hempstead Harbor. The fireworks program is being 
sponsored by the Sons of Italy. If adopted, the regulation would 
establish a temporary safety zone in all waters of Hempstead Harbor, 
shore to shore, within a 300 yard radius of the fireworks barges 
anchored approximately 300 yards north of Bar Beach, Port Washington, 
New York, at or near 40 deg.49'52''N latitude, 073 deg.39'10''W 
longitude (NAD 1983). The Safety zone would close this portion of the 
harbor to through vessel traffic. The regulation would be effective 
from 9 p.m. until 10:15 p.m. on September 10, 1995, unless extended or 
terminated sooner by the Captain of the Port New York. The safety zone 
would prevent vessels from transiting this portion of Hempstead Harbor, 
from shore to shore, and is needed to protect mariners from the hazards 
associated with fireworks exploding in the area.
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 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. If adopted, the regulation would close a portion of 
Hempstead Harbor, shore to shore, north of Bar Beach to vessel traffic 
from 9 p.m. until 10:15 p.m. on September 10, 1995, unless extended or 
terminated sooner by the Captain of the Port New York. Although it 
would prevent traffic from transiting the area, the effect of the 
proposed regulation would 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. Accordingly, the Coast Guard 
expects the economic impact of the proposed 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 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 set forth in the Regulatory Evaluation, the Coast 
Guard expects the impact of this proposal to be minimal. The Coast 
Guard certifies under 5 U.S.C. 605(b) that this proposal 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).

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 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.e. of Commandant 
Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, it is 
categorically excluded from further environmental documentation. A 
Categorical Exclusion Determination and Environmental Analysis 
Checklist are included in the docket and are available for inspection 
at the office indicated in the ADDRESSES section. 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. The fireworks display lasts less 
than 30 minutes and is expected to involve less than 200 spectator 
craft.

[[Page 40545]]


List of Subjects in 33 CFR Part 165

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

Proposed Regulation

    For reasons set out in the preamble, 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,T01-123, is added to read as follows:


Sec. 156.T01-123  Safety Zone; Grande Fiesta Italiana Fireworks, 
Hempstead Harbor, New York.

    (a) Location. The safety zone includes 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 073 deg.39'10''W 
longitude (NAD 1983).
    (b) Effective period. This section is in effect from 9 p.m. until 
10:15 p.m. on September 10, 1995, 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: August 1, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-19676 Filed 8-8-95; 8:45 am]
BILLING CODE 4910-14-M