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

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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