[Federal Register Volume 64, Number 119 (Tuesday, June 22, 1999)]
[Rules and Regulations]
[Pages 33196-33197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15867]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-042]
RIN 2115-AA97


Safety Zone: Glen Cove, New York Fireworks, Hempstead Harbor, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Hempstead Harbor for the Glen Cove, NY fireworks display. This action 
is necessary to provide for the safety of life on navigable waters 
during the event. This action is intended to restrict vessel traffic in 
a portion of Hempstead Harbor.

DATES: This rule is effective from 8:30 p.m. until 10 p.m. on July 4, 
1999, and July 5, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Coast Guard Activities New York, 212 Coast 
Guard Drive, room 205, Staten Island, New York 10305, between 8 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (718) 354-4193.

FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4193.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On May 10, 1999, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Safety Zone: Glen Cove, New York Fireworks, 
Hempstead Harbor, NY in the Federal Register (64 FR 24987). The Coast 
Guard received no letters commenting on the proposed rulemaking. No 
public hearing was requested, and none was held.
    Good cause exists for making this regulation effective less than 30 
days after Federal Register publication. Due to the date the 
Application for Approval of Marine Event was received, there was 
insufficient time to promulgate a NPRM and a final rule that would be 
effective at least 30 days after it was published. The Coast Guard 
published an NPRM with a 30-day comment period, but this did not leave 
sufficient time to publish the final rule 30 days before its effective 
date. Any delay encountered in this regulation's effective date would 
be contrary to public interest since immediate action is needed to 
prevent traffic from transiting a portion of Hempstead Harbor, Glen 
Cove, New York, and provide for the safety of life on navigable waters. 
Additionally, the public was notified of this event when the NPRM was 
published in the Local Notice to Mariners on May 12, 1999.

Background and Purpose

    Bay Fireworks submitted an Application for Approval of a Marine 
Event for a fireworks display on Hempstead Harbor. This regulation 
establishes a temporary safety zone in all waters of Hempstead Harbor 
within a 360-yard radius of the fireworks barge in approximate position 
40 deg.51'58''N 073 deg.39'34''W (NAD 1983), approximately 500 yards 
northeast of Glen Cove Breakwater Light 5 (LLNR 27065). The temporary 
safety zone is in effect from 8:30 p.m. until 10 p.m. on July 4, 1999. 
If the event is canceled due to inclement weather, then this event will 
be held from 8:30 p.m. until 10 p.m. on July 5, 1999. The temporary 
safety zone prevents vessels from transiting a portion of Hempstead 
Harbor and is needed to protect boaters from the hazards associated 
with fireworks launched from a barge in the area. Marine traffic will 
still be able to transit through the western 1,075 yards of Hempstead 
Harbor. The Captain of the Port does not anticipate any negative impact 
on vessel traffic due to this event. Additionally, vessels are not

[[Page 33197]]

precluded from mooring at or getting underway from public or private 
facilities at Glen Cove or Red Spring Point, NY in the vicinity of this 
event. Public notifications will be made prior to the event via Local 
Notice to Mariners, and marine information broadcasts. The Coast Guard 
limited the comment period for this NPRM to 30 days because the 
temporary safety zone is only for a one and a half hour long local 
event and it should have negligible impact on vessel transits.

Discussion of Comments and Changes

    The Coast Guard received no letters commenting on the proposed 
rulemaking. No changes were made to the proposed rule.

Regulatory Evaluation

    This 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 final rule to 
be so minimal that a full Regulatory Evaluation under paragraph 10e of 
the regulatory policies and procedures of DOT is unnecessary. Although 
this regulation prevents traffic from transiting a portion of Hempstead 
Harbor during the event, the effect of this regulation will not be 
significant for several reasons: the minimal time that vessels will be 
restricted from the area, that vessels are not precluded from getting 
underway, or mooring at public or private facilities in Glen Cove or 
Red Spring Point, NY in the vicinity of this event, that vessels may 
safely transit to the west of the zone, and advance notifications which 
will be made to the local maritime community by the Local Notice to 
Mariners and marine information broadcasts.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule will have a significant 
economic impact on a substantial number of small entities. Small 
Entities include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    For reasons discussed in the Regulatory Evaluation section above, 
the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule 
will not have a significant economic impact on a substantial number of 
small entities.

Collection of Information

    This final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

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

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub. 
L. 104-4, 109 Stat. 48] requires Federal agencies to assess the effects 
of certain regulatory actions on State, local, and tribal governments, 
and the private sector. UMRA requires a written statement of economic 
and regulatory alternatives for rules that contain Federal mandates. A 
``Federal mandate'' is a new or additional enforceable duty imposed on 
any State, local, or tribal government, or the private sector. If any 
Federal mandate causes those entities to spend, in the aggregate, $100 
million or more in any one year, the UMRA analysis is required. This 
final rule does not impose Federal mandates on any State, local, or 
tribal governments, or the private sector.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1C, this final rule is categorically 
excluded from further environmental documentation. A written 
Categorical Exclusion Determination is available in the docket for 
inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR 165

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

Regulation

    For the reasons discussed 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), 
6.04-6, 160.5; 49 CFR 1.46. Section 165.100 is also issued under 
authority of Sec. 311, Pub. L. 105-383.

    2. Add temporary Sec. 165.T01-042 to read as follows:


Sec. 165.T01-042  Safety Zone: Glen Cove, New York Fireworks, Hempstead 
Harbor, NY.

    (a) Location. The following area is a safety zone: All waters of 
Hempstead Harbor within a 360-yard radius of the fireworks barge in 
approximate position 40 deg. 51' 58'' N 073 deg. 39' 34'' W (NAD 1983), 
approximately 500 yards northeast of Glen Cove Breakwater Light 5 (LLNR 
27065).
    (b) Effective period. This section is effective from 8:30 p.m. 
until 10 p.m. on July 4, 1999. If the event is cancelled due to 
inclement weather, then this section is effective from 8:30 p.m. until 
10 p.m. on July 5, 1999.
    (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. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.

    Dated: June 11, 1999.
L.M. Brooks,
Captain, U.S. Coast Guard, Acting Captain of the Port, New York.
[FR Doc. 99-15867 Filed 6-21-99; 8:45 am]
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