Safety Zone; Fireworks Display, Westhampton Beach, NY

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-94-072]

RIN 2115-AA97

Safety Zone; Fireworks Display, Westhampton Beach, 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

Moneybogue Bay, around the Marine Towing Company fireworks barge

located approximately in the center of Moneybogue Bay, Westhampton

Beach, NY from 9:45 p.m. through 10:45 p.m. on August 20, 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 August 10, 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 Operations 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 [CGD01 94-072] 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 May 26, 1994, the sponsor, Mr. Ronald Feldstein, Westhampton

Beach, NY requested that a fireworks display be permitted in the port

of Westhampton Beach in the vicinity of Moneybogue Bay, Westhampton

Beach, NY, from 9:45 p.m. through 10:45 p.m. on August 20, 1994. The

safety zone will cover all waters of Moneybogue Bay within a 1200 foot

radius of the Marine Towing Company fireworks barge, which will be

located approximately in the center of Moneybogue Bay. This zone is

required to protect the maritime community from the dangers and

potential hazards to navigation associated with the 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.

Good cause exists for providing a comment period of less than 60 days.

Due to the date the application was received, only a 30 day comment

period can be provided.

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 nonexistent 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.T01-072 is added to read as follows:

Sec. 165.T01-072 Safety Zone; Fireworks Display, Westhampton Beach,

NY.

(a) Location. The safety zone includes all waters of Moneybogue Bay

within a 1200 foot radius of the Marine Towing Company barge, the

fireworks launching platform, which will be located approximately in

the center of Moneybogue Bay, Westhampton Beach, NY in approximate

position 40 deg.48'05'' N; 072 deg.38'20'' W.

(b) Effective date. This section is effective from 9:45 p.m.

through 10:45 p.m. on August 20, 1994, unless terminated sooner by the

Captain of the Port. In case of inclement weather, this regulation will

be effective on the rain date of August 27, 1994, at the same times.

(c) Regulations. The general regulations covering safety zones

contained in section 165.23 of this part apply.

Dated: June 23, 1994.

T.W. Allen,

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

[FR Doc. 94-16690 Filed 7-8-94; 8:45 am]

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