[Federal Register Volume 62, Number 171 (Thursday, September 4, 1997)]
[Rules and Regulations]
[Pages 46670-46671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23443]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-97-089]
RIN 2115-AA97


Safety Zone: Harbor Festival Fireworks Display, Greenport, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone, 
September 27, 1997, for the Harbor Festival Fireworks Display to be 
held in Greenport Harbor, Greenport, NY. This temporary safety zone is 
needed to protect persons, facilities, vessels and others in the 
maritime community from the safety hazards associated with this 
fireworks display. Entry into this safety zone is prohibited unless 
authorized by the Capital of the Port or the Coast Guard Patrol 
Commander.

EFFECTIVE DATE: This regulation is effective September 27, 1997, from 
8:45 p.m. until 10:15 p.m.

ADDRESSES: Documents relating to this temporary final rule are 
available for inspection and copying at U.S. Coast Guard Group Long 
Island Sound, 120 Woodward Ave., New Haven, CT 06512. Normal office 
hours are between 8:00 a.m. and 4:00 p.m., Monday through Friday, 
except holidays. Comments may also be faxed to this address. Our fax 
number is (203) 468-4445.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander T.J. Walker, Chief of Port Operations, Captain of 
the Port, Long Island Sound at (203) 468-4444.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, good cause exists for not publishing a 
notice of proposed rulemaking (NPRM) and for making this rule effective 
in less than 30 days after Federal Register publication. The sponsor of 
the event did not provide the Coast Guard with the final details for 
the event in sufficient time to publish a NPRM or a final rule 30 days 
in advance. The delay encountered if normal rulemaking procedures were 
followed would effectively cancel the event. Cancellation of this event 
is contrary to the public interest since the fireworks display is for 
the benefit of the public.

Background and Purpose

    The sponsor, East End Maritime Museum, of Greenport, NY, requested 
that a fireworks display be permitted in Greenport Harbor, Greenport, 
NY. This regulation establishes a temporary safety zone in all waters 
of Greenport Harbor within a 600 foot radius of the fireworks barges. 
The safety zone is in effect on September 27, 1997, from 8:45 p.m. 
until 10:15 p.m. and is necessary to protect the maritime community 
from the safety hazards associated with this fireworks display. Entry 
into or movement within this zone will be prohibited unless authorized 
by the Captain of the Port or the Coast Guard Patrol Commander.

Regulatory Evaluation

    This temporary 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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. 
Entry into this zone will be restricted for a brief period of time on 
September 27, 1997, the effect of this regulation will not be 
significant for several reasons: the duration of the event is limited; 
the event is at a late hour; and extensive, advance maritime advisories 
will be made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposal 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

[[Page 46671]]

governmental jurisdictions with populations less than 50,000.
    For the reasons addressed under the Regulatory Evaluation above, 
the Coast Guard finds that this rule will not have a significant impact 
on a substantial number of small entities.

Collection of Information

    This rule 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 action under the principles and 
criteria contained in Executive Order 12612, and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
rule and concluded that under section 2.B.2.e. of Commandant 
Instruction M16475.1B, as revised by 59 FR 38654, July 29, 1994, this 
rule is categorically excluded from further environmental 
documentation.
    A Categorical Exclusion Determination and an Environmental Analysis 
Checklist are included in the docket and are available for inspection 
or copying at the location indicated under ADDRESSES. An appropriate 
environmental analysis of the fireworks program will be conducted in 
conjunction with the marine event permitting process.

List of Subjects in 33 CFR Part 165

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

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:
    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.T01-089, is added to read as follows:


Sec. 165.T01-089  Harbor Festival Fireworks Display, Greenport, NY.

    (a) Location. The safety zone includes all waters of Greenport 
Harbor, within an 600 foot radius of the fireworks barges, located in 
Greenport Harbor, Greenport, NY, at approximate position 41 deg.02.6' 
N, 072 deg.21.3' W. (NAD 1983)
    (b) Effective date. This section is effective on September 27, 
1997, from 8:45 p.m. until 10:15 p.m., unless terminated sooner by the 
Captain of the Port Long Island Sound.
    (c) Regulations. The general regulations contained in Sec. 165.23 
apply.

    Dated: August 8, 1997.
P.K. Mitchell,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 97-23443 Filed 9-3-97; 8:45 am]
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