Safety Zone: Grande Fiesta Italiana Fireworks, Hempstead Harbor, NY

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-95-123]

RIN 2115-AA97

Safety Zone: Grande Fiesta Italiana Fireworks, Hempstead Harbor,

NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone

located in Hempstead Harbor, New York, for the Grande Fiesta Italiana

fireworks program. If adopted, the safety zone would be in effect from

9 p.m.

[[Page 40544]]

until 10:15 p.m. on Sunday, September 10, 1995. This proposed

regulation would close all waters of Hempstead Harbor, shore to shore,

within a 300 yard radius of two fireworks barges anchored approximately

300 yards north of Bar Beach, Port Washington, New York.

DATES: Comments must be received on or before August 29, 1995.

ADDRESSES: Comments should be mailed to Captain of the Port, New York,

Bldg. 108, Governors Island, New York 10004-5096, or may be delivered

to the Planning and Readiness Division, Bldg 108, between 8 a.m. and 4

p.m., Monday through Friday, except Federal holidays.

Any person wishing to visit the office must contact the Planning

and Readiness Division at (212) 668-7934 to obtain advance clearance

due to the fact that Governors Island is a military installation with

limited access.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief,

Coast Guard Group New York (212) 668-7934.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

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

cause exists for publishing this Notice of proposed rulemaking (NPRM)

with a 20 day comment period. A 20 day comment period is deemed to be

sufficiently reasonable notice to all interested persons. Since this

proposed rulemaking is neither complex nor technical, a longer comment

period is deemed to be unnecessary and contrary to the public interest

as it would delay publication of the final rule until immediately

before or after the event. Cancellation of this event would be contrary

to public interest.

Persons submitting comments should include their names and

addresses, identify this notice (CGD01-95-123) and the specific section

of the proposal to which their comments apply, and give reasons 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, however, persons may request a

public hearing by writing to the Project Manager at the address under

ADDRESSES. If it is determined that the opportunity for oral

presentations will aid this rulemaking, the Coast Guard will hold a

public hearing at a time and place announce by a later notice in the

Federal Register.

Drafting Information

The drafters of this notice are LTJG K. Messenger, Project Manager,

Coast Guard Group New York and CDR J. Stieb, Project Attorney, First

Coast Guard District, Legal Office.

Background and Purpose

On July 17, 1995, Fireworks by Crucci, Inc. submitted an

Application for Approval of Marine Event to hold a fireworks program in

the waters of Hempstead Harbor. The fireworks program is being

sponsored by the Sons of Italy. If adopted, the regulation would

establish a temporary safety zone in all waters of Hempstead Harbor,

shore to shore, within a 300 yard radius of the fireworks barges

anchored approximately 300 yards north of Bar Beach, Port Washington,

New York, at or near 40 deg.49'52''N latitude, 073 deg.39'10''W

longitude (NAD 1983). The Safety zone would close this portion of the

harbor to through vessel traffic. The regulation would be effective

from 9 p.m. until 10:15 p.m. on September 10, 1995, unless extended or

terminated sooner by the Captain of the Port New York. The safety zone

would prevent vessels from transiting this portion of Hempstead Harbor,

from shore to shore, and is needed to protect mariners from the hazards

associated with fireworks exploding in the area.

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 10(e) of the regulatory policies and procedures of DOT is

unnecessary. If adopted, the regulation would close a portion of

Hempstead Harbor, shore to shore, north of Bar Beach to vessel traffic

from 9 p.m. until 10:15 p.m. on September 10, 1995, unless extended or

terminated sooner by the Captain of the Port New York. Although it

would prevent traffic from transiting the area, the effect of the

proposed regulation would not be significant for several reasons: the

duration of the event is limited; the event is at a late hour; the

amount of commercial traffic in the area is minimal; and the extensive,

advance advisories which will be made. Accordingly, the Coast Guard

expects the economic impact of the proposed regulation to be so minimal

that a Regulatory Evaluation is unnecessary.

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 set forth in the Regulatory Evaluation, the Coast

Guard expects the impact of this proposal to be minimal. The Coast

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

Federalism

The Coast Guard has analyzed this action 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.e. of Commandant

Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, it is

categorically excluded from further environmental documentation. A

Categorical Exclusion Determination and Environmental Analysis

Checklist are included in the docket and are available for inspection

at the office indicated in the ADDRESSES section. Under the National

Environmental Policy Act, the approval of the permit for marine event

for this event is a federal action which is categorically excluded in

accordance with section 2.B.2.e(35)(h) of Commandant Instruction

M16475.1B, as amended, July 29, 1994. The fireworks display lasts less

than 30 minutes and is expected to involve less than 200 spectator

craft.

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List of Subjects in 33 CFR Part 165

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

recordkeeping requirements, Security measures, Waterways.

Proposed Regulation

For reasons set out in the preamble, 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,T01-123, is added to read as follows:

Sec. 156.T01-123 Safety Zone; Grande Fiesta Italiana Fireworks,

Hempstead Harbor, New York.

(a) Location. The safety zone includes the waters of Hempstead

Harbor, shore to shore, within a 300 yard radius of a fireworks barge

anchored approximately 300 yards north of Bar Beach, Port Washington,

New York, at or near 40 deg.49'52''N latitude 073 deg.39'10''W

longitude (NAD 1983).

(b) Effective period. This section is in effect from 9 p.m. until

10:15 p.m. on September 10, 1995, unless extended or terminated sooner

by the Captain of the Port New York.

(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. U.S. Coast Guard patrol personnel include commissioned,

warrant, and petty officers of the Coast Guard. Upon being hailed by a

U.S. Coast Guard vessel via siren, radio, flashing light, or other

means, the operator of a vessel shall proceed as directed.

Dated: August 1, 1995.

T.H. Gilmour,

Captain, U.S. Coast Guard, Captain of the Port, New York.

[FR Doc. 95-19676 Filed 8-8-95; 8:45 am]

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