[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21963-21964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11900]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-96-026]
RIN 2115-AA97


Safety Zone: Fire Island Lighthouse Fireworks Display, Fire 
Island, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the Fire 
Island Lighthouse Fireworks Display to be held on Great South Bay, Fire 
Island, NY, on May 26, 1996. This 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 Captain of the 
Port.

EFFECTIVE DATE: This regulation is effective on May 26, 1996, from 9:30 
p.m. until 9:45 p.m. unless extended or terminated sooner by the 
Captain of the Port. There is no rain date scheduled for this event.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander T.V. Skuby, Chief of Port Operations, Captain of 
the Port, Long Island Sound at (203) 468-4464.

[[Page 21964]]

SUPPLEMENTARY INFORMATION: 

Regulatory History

    As authorized by 5 U.S.C. 553, a notice of proposed rulemaking 
(NPRM) was not published for this regulation. Good cause exists for not 
publishing a NPRM and for making this regulation effective in less than 
30 days after Federal Register publication. Due to the complex planning 
and coordination involved, the sponsor of the event was unable to 
provide the Coast Guard with the final details for the events in 
sufficient time to publish a NPRM or a final rule 30 days in advance. 
The delay encountered if normal rule making procedures were followed 
would effectively cancel the event.

Background and Purpose

    On February 15, 1996, the sponsor, Fire Island Lighthouse 
Preservation Society, Fire Island, NY, requested that a 15 minute 
fireworks display, be permitted in Great South Bay, located 
approximately 1000 yards southeast of Captree State Park, Fire Island, 
NY. The fireworks display will occur on May 26, 1996, from 9:30 p.m. 
until 9:45 p.m. The safety zone covers all waters of Great South Bay 
within a 1200 foot radius of the fireworks launching barge. This zone 
is required to protect the maritime community from the safety dangers 
associated with this 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.

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 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. This safety zone involves only a 
portion of Great South Bay and entry into this zone will be restricted 
for only 15 minutes on May 26, 1996. Although this regulation prevents 
traffic from transiting Great South Bay, at Fire Island, NY, the effect 
of this regulation will not be significant for several reasons: the 
safety zone will not impact a navigable channel; the duration of the 
event is limited; the event is at a late hour; all vessel traffic may 
safely pass to the seaward side of this safety zone; 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 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 
(14 U.S.C. 632).
    For the reasons addressed under the Regulatory Evaluation above, 
the Coast Guard expects the impact of this regulation to be minimal and 
certifies under section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) that this final rule will not have a significant 
economic 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 in accordance with the 
principles and criteria contained in Executive Order 12612, and has 
determined that these regulations do not raise sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that under section 2.B.2.e. of Commandant 
Instruction M16475.1B, revised 59 FR 38654, July 29, 1995, the 
promulgation of this regulation is categorically excluded form further 
environmental documentation. A Categorical Exclusion Determination and 
a Environmental Analysis Checklist are included in the docket. 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), Reporting 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 section, 165.T01-026, is added to read as follows:


Sec. 165.T01-026  Fire Island Lighthouse Fireworks Display, Fire 
Island, NY.

    (a) Location. The safety zone includes all waters of Great South 
Bay within a 1200 foot radius of the fireworks barge, located offshore 
approximately 1000 yards southeast of Captree State Park in Great South 
Bay, Fire Island, NY, in approximate position 40 deg.38'00'' N, 
073 deg.15'00'' W. (NAD 1983)
    (b) Effective date. This section is effective on May 26, 1996, from 
9:30 p.m. until 9:45 p.m., unless extended or terminated sooner by the 
Captain of the Port Long Island Sound. In case of inclement weather 
there is no rain date scheduled for this event.
    (c) Regulations. The general regulations covering safety zones 
contained in Sec. 165.23 of this part apply.

    Dated: May 2, 1996.
W.R. Grawe,
Commander, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 96-11900 Filed 5-10-96; 8:45 am]
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