Safety Zone; Boys Harbor Fireworks, East Hampton, NY

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGDO1 94-037]

RIN 2115-AA97

Safety Zone; Boys Harbor Fireworks, East Hampton, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone in Three

Mile Harbor, around the fireworks barges FBG 1 and FBG 2, which will be

tied together and located approximately one mile south of Sammy's

Beach, East Hampton, NY from 8:45 p.m. through 10 p.m. on July 16,

1994. This safety zone is needed to protect the maritime community from

possible navigation hazards associated with a fireworks display. Entry

into this zone will be prohibited unless authorized by the Captain of

the Port, Long Island Sound.

DATES: Comments must be received on or before July 5, 1994.

ADDRESSES: Comments may be mailed to the Captain of the Port, 120

Woodward Avenue, New Haven, CT 06512 or may be delivered to the Port

Operations office at the above address between 8 a.m. and 4 p.m.,

Monday through Friday, except federal holidays. The telephone number is

(203) 468-4464.

The Captain of the Port maintains the public docket for this

rulemaking. Comments will become part of this docket and will be

available for inspection or copying at the Port Operating office at the

above address.

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:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their name and address,

identify this rulemaking (CGDO1 94-037) and the specific section of

this proposal to which each comment applies, and give a reason 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. Persons may request a public

hearing by writing to the Project Officer at the address under

ADDRESSES. If it determines that the opportunity for oral presentations

will aid this rulemaking, the Coast Guard will hold a public hearing at

a time and place announced by a later notice in the Federal Register.

Drafting Information

The principal persons involved in drafting this document are LCDR

T.V. Skuby, Project Officer, Captain of the Port, Long Island Sound,

and LCDR J. Stieb, Project Attorney, First Coast Guard District, Legal

Office.

Background and Purpose

On March 12, 1994, the sponsor, Boys Harbor, Inc., New York, NY

requested that a fireworks display be permitted in the port of East

Hampton in the vicinity of Sammy's Beach, East Hampton, NY from 8:45

p.m. through 10 p.m. on July 16, 1994. The safety zone covers all

waters of Three Mile Harbor within a 1200 foot radius of the fireworks

barges FBG 1 and FBG 2, which will be tied together and located one

mile south of Sammy's Beach, East Hampton, NY. This zone is required to

protect the maritime community from the dangers and potential hazards

to navigation associated with this fireworks display which is occurring

over Three Mile Harbor. Entry into or movement within this zone is

prohibited unless authorized by the Captain of the Port or his on scene

representative. Good cause exists for providing a comment period of

less than sixty days. Providing a sixty day comment period would be

contrary to the public interest since the fireworks display is for

public viewing and is scheduled to occur in conjunction with the Boys

Harbor, Inc. summer fund-raiser to benefit disadvantaged boys from New

York City.

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.

The Coast Guard expects the economic impact to be minimal due to

the limited duration of the fireworks display, the small size of the

safety zone, the low level or non existent commercial vessel traffic

expected in the area during the effective time of the zone, and the

broadcast of marine safety advisories the day of the event.

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 in the Regulatory Evaluation above, the

Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if

adopted, 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 et seq.).

Federalism

The Coast Guard has analyzed this proposal 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.c. of Commandant

Instruction M16475.1B, it is an action under the Coast Guard's

statutory authority to protect public safety, and thus is categorically

excluded from further environmental documentation. A Categorical

Exclusion Determination will be made available in the docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

In consideration of the foregoing, 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.T01-037 is added to read as follows:

Sec. 165.T01-037 Safety Zone; Boys Harbor Fireworks, East Hampton, NY.

(a) Location. The safety zone includes all waters of Three Mile

Harbor within a 1200 foot radius of the barges FBG 1 and FBG 2, the

fireworks launching platforms, which will be tied together and located

approximately one mile south of Sammy's Beach, East Hampton, NY in

approximate position 41 deg.01'05'' N; 072 deg.11'55'' W.

(b) Effective date. This section is effective from 8:45 p.m.

through 10 p.m. on July 16, 1994 unless extended or terminated sooner

by the Captain of the Port. In case of inclement weather, this section

will be effective on the rain date of July 17, 1994, at the same times.

(c) Regulations. The general regulations covering safety zones

contained in Sec. 165.23 of this part apply.

Dated: May 23, 1994.

T.W. Allen,

Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.

[FR Doc. 94-13543 Filed 6-2-94; 8:45 am]

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