[Federal Register Volume 60, Number 220 (Wednesday, November 15, 1995)]
[Rules and Regulations]
[Pages 57341-57342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28106]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-95-162]
RIN 2115-AA97


Safety Zone: Yale Party Fireworks, Bayville, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: On November 18, 1995, the Coast Guard is establishing a 
temporary safety zone in Long Island Sound, around the barge designated 
as the fireworks launching platform located offshore Ferry Beach, 
Bayville, NY. This safety zone is needed to protect the maritime 
community from the hazards associated with this fireworks display. 
Entry into this zone is prohibited unless authorized by the Captain of 
the Port, Long Island Sound.

EFFECTIVE DATE: This regulation is effective on November 18, 1995, from 
9 p.m. until 9:30 p.m. unless extended or terminated sooner by the 
Captain of the Port. There is no rain date scheduled for this event.

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: 

Drafting Information

    The drafters of this notice are LTJG E.J. Doucette, project officer 
for Captain of the Port, Long Island Sound, and LT S. Tyler, project 
attorney, First Coast Guard District Legal Office.

Regulatory History

    As authorized by 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 in less than 
30 days after Federal Register publication. Due to the date the 
application was received, there was not sufficient time to publish 
proposed rules in advance of the event. If a NPRM was required to be 
published, it would postpone the event effectually causing the event to 
be cancelled.

Background and Purpose.

    On October 16, 1995, the sponsor, Bay Fireworks, Syosset, NY, 
requested that a 20-minute fireworks display be permitted in Long 
Island Sound in the vicinity of Ferry Beach, Bayville, NY. The 
fireworks display will occur on November 18, 1995, from 9 p.m. until 
9:30 p.m. The safety zone covers all waters of Long Island Sound within 
a 1200-foot radius of the barge designated as the fireworks launching 
platform. This zone is required to protect the maritime community from 
the dangers associated with this 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.

[[Page 57342]]


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. This safety zone closes a portion of Long Island Sound to 
vessel traffic on November 18, 1995, from 9 p.m. until 9:30 p.m., 
unless extended or terminated sooner by the Captain of the Port Long 
Island Sound. Although this regulation prevents traffic from transiting 
a portion of Long Island Sound, the effect of this regulation will not 
be significant for several reasons: the safety zone will not impact a 
navigable channel; the duration of the event is limited; the event is 
at a late hour; all vessel traffic may safely pass seaward of this 
safety zone; and extensive, advance advisories will be made.

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 under the Regulatory Evaluation above, 
the Coast Guard expects the impact of this regulation to be minimal and 
certifies under 5 U.S.C. 605(b) of the Regulatory Flexibility Act that 
this final rule will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This rule 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 these regulations do 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 
a Environmental Analysis Checklist are included in the docket. An 
appropriate environmental analysis of the fireworks program will be 
conducted in conjunction with the marine event permitting process.

List of Subjects in 33 CFR Part 165

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

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:

    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.T01-162, is added to read as follows:


Sec. 165.T01-162  Yale Party Fireworks, Bayville, NY.

    (a) Location. The safety zone includes all waters of Long Island 
Sound within a 1,200-foot radius of the barge designated as the 
fireworks launching platform, located offshore Ferry Beach, Bayville, 
NY, in approximate position 40 deg.54'55'' N, 073 deg.32'58'' W. (NAD 
1983)
    (b) Effective date. This section is effective on November 18, 1995, 
from 9 p.m. until 9:30 p.m., unless extended or terminated sooner by 
the Captain of the Port Long Island Sound. There is no rain date 
scheduled for this event.
     (c) Regulations. The general regulations covering safety zones 
contained in Sec. 165.23 of this part apply.

    Dated: November 11, 1995.
T.W. Allen,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 95-28106 Filed 11-14-95; 8:45 am]
BILLING CODE 4910-14-M