[Federal Register Volume 62, Number 128 (Thursday, July 3, 1997)]
[Rules and Regulations]
[Pages 35968-35969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17388]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-97-048]
RIN 2115-AA97


Safety Zone: Yampol Family Fireworks Display, Cove Neck, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on July 4, 1997, 
for the Yampol Family Fireworks Display to be held in Oyster Bay and 
Cold Spring Harbor, Cove Neck, NY. This safety zone is needed to 
protect persons, facilities, vessels and others in the maritime 
community from the safety hazards associated with this fireworks 
display. Entry into this safety zone is prohibited unless authorized by 
the Captain of the Port.

DATES: This regulation is effective on July 4, 1997, from 9 p.m. until 
10 p.m.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander J.A. McCarthy, Chief of Port Operations, Captain 
of the Port, Long Island Sound at (203) 468-4444.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    Pursuant to 5 U.S.C. 553, good cause exists for not publishing a 
notice of proposed rulemaking (NPRM) and for making this rule effective 
in less than 30 days after Federal Register publication. The sponsor of 
the event did not provide the Coast Guard with the final details for 
the event in sufficient time to publish a NPRM or a final rule 30 days 
in advance. The delay encountered if normal rulemaking procedures were 
followed would effectively cancel the event. Cancellation of this event 
is contrary to the public interest since the fireworks display is for 
the benefit of the public.

Background and Purpose

    The sponsor, Azurite Corp. LTD., of Cove Neck, NY, requested that a 
fireworks display, be permitted in Oyster Bay and Cold Spring Harbor, 
located directly opposite the Yampol Marina docks Cove Neck NY, Cove 
Neck, NY. This regulation establishes a temporary safety zone in all 
waters of Cove Neck, NY within a 1200 foot radius of the fireworks 
launching

[[Page 35969]]

barges. The safety zone is in effect on July 4, 1997, from 9 p.m. until 
10 p.m. and is necessary to protect the maritime community from the 
safety hazards 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.

Regulatory Evaluation

    This temporary final rule 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 not been reviewed 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 rule to be so minimal that a full Regulatory Evaluation 
under paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. Entry into this zone will be restricted for a brief period 
of time on July 4, 1997. Although this regulation prevents traffic from 
transmitting a portion of the Atlantic Ocean, off Cove Neck, NY, the 
effect of this regulation will not be significant for several reasons: 
the duration of the event is limited; the event is at a late hour; all 
vessel traffic may pass to the western side of this safety zone; and 
extensive, advance maritime advisories will be made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    For the reasons addressed under the Regulatory Evaluation above, 
the Coast Guard finds that this rule will not have a significant impact 
on a substantial number of small entities. If however, you think that 
your business or organization qualifies as a small entity and that this 
rule will have a significant impact upon your business or organization, 
please submit a comment (see ADDRESSES) explaining why you think it 
qualifies and in what way and to what degree this rule will 
economically affect it.

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 under the principles and 
criteria contained in Executive Order 12612, and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
rule and concluded that under section 2.B.2.e. of Commandant 
Instruction M16475.1B, as revised by 59 FR 38654, July 29, 1994, this 
rule is categorically excluded from further environmental 
documentation.
    A Categorical Exclusion Determination and an Environmental Analysis 
Checklist are included in the docket and are available for inspection 
or copying at the location indicated under ADDRESSES. 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), Reports 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.T01-048, is added to read as follows:


Sec. 165.T01-CGD1-048   Yampol Family Fireworks Display, Cove Neck, NY.

    (a) Location. The safety zone includes all waters of Oyster Bay and 
Cold Spring Harbor within a 1200 foot radius of the fireworks barge, 
located directly opposite the Yampol Marina docks Cove Neck NY in 
Oyster Bay and Cold Spring Harbor, in Cove Neck, NY, in approximate 
position 40 deg.53'17'' N, 073 deg.29'44'' W. (NAD 1983).
    (b) Effective date. This section is effective on July 4, 1997, from 
9 p.m. until 10 p.m., unless terminated sooner by the Captain of the 
Port Long Island Sound. In case of inclement weather, this regulation 
will be effective on July 5, 1997, at the same times.
    (c) Regulations. The general regulations contained in Sec. 165.23 
apply.

    Dated: June 16, 1997.
P.K. Mitchell,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 97-17388 Filed 7-2-97; 8:45 am]
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