[Federal Register Volume 64, Number 93 (Friday, May 14, 1999)]
[Rules and Regulations]
[Pages 26295-26297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12272]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-048]
RIN 2115-AA97
Safety Zone: Pepsi Gala Fireworks, New York Harbor, Upper Bay
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Pepsi Gala Fireworks Display located in Federal Anchorage 20C, New
York Harbor, Upper Bay. This action is intended to restrict vessel
traffic in a portion of Federal Anchorage 20C; it is necessary to
provide for the safety of life on navigable waters during the event.
DATES: This rule is effective from 9:30 p.m. until 11p.m. on Saturday,
May 15, 1999. There is no rain date for this event.
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
Pursuant to 5 U.S.C. 553, no notice of proposed rulemaking (NPRM)
was published for this regulation. Good cause exists for not publishing
an NPRM and for making this regulation effective less than 30 days
after publication in the Federal Register. Because of the date
[[Page 26296]]
the Application for Approval of Marine Event was received, there was
insufficient time to draft and publish an NPRM and 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 close the waterway and protect the
maritime public from the hazards associated with this fireworks
display.
Background and Purpose
On April 21, 1999, Fireworks by Grucci Inc. submitted an
application to hold a fireworks program on the waters of Upper New York
Bay in Federal Anchorage 20C. The fireworks program is being sponsored
by Overland Entertainment Co. This regulation establishes a safety zone
in all waters of Upper New York Bay within a 360-yard radius of the
fireworks barge in approximate position 40 deg.41'16.5''N
074 deg.02'23''W (NAD 1983), about 360 yards east of Liberty Island,
New York. The safety zone is in effect from 9:30 p.m. until 11 p.m. on
Saturday, May 15, 1999. There is no rain date for this event. The
safety zone prevents vessels from transiting a portion of Federal
Anchorage 20C and is needed to protect boaters from the hazards
associated with fireworks launched from a barge in the area.
Recreational and commercial vessel traffic will be able to anchor in
the unaffected northern and southern portions of Federal Anchorage 20C.
Federal Anchorages 20A and 20B, to the north, and Federal Anchorages
20D and 20E, to the south, are also available for vessels' use. Marine
traffic will still be able to transit through Anchorage Channel, Upper
Bay, during the event as the safety zone extends only 125 yards into
the 925-yard wide channel. Public notifications will be made before the
event by local Notices to Mariners and marine-information broadcasts.
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 rule to be so minimal that a full Regulatory Evaluation
under paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. This finding rests on four facts: (1) the minimal time
that vessels will be restricted from the zone, (2) that vessels may
safely anchor to the north and south of the zone, (3) that vessels may
still transit through Anchorage Channel during the event, and (4) that
we will make extensive advance notifications.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this final 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 above, the Coast
Guard certifies under section 605(b) of the Regulatory Flexibility Act
(5 U.S.C. 601et seq.) 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
it 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 ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
Other Executive Orders on the Regulatory Process
In addition to the statutes and Executive Orders already addressed
in this preamble, the Coast Guard considered the following executive
orders in developing this final rule and reached the following
conclusions:
E.O. 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights. This rule will not effect a
taking of private property or otherwise have taking implications under
this Order.
E.O. 12875, Enhancing the Intergovernmental Partnership. This rule
will not impose, on any State, local, or tribal government, a mandate
that is not required by statute and that is not funded by the Federal
government.
E.O. 12988, Civil Justice Reform. This rule meets applicable
standards in sections 3(a) and 3(b)(2) of this Order to minimize
litigation, eliminate ambiguity, and reduce burden.
E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks. This rule is not an economically significant rule and
does not concern an environmental risk to safety disproportionately
affecting children.
List of Subjects in 33 CFR Part 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),
6.04-1, 6.04-6, and 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.T01-048 to read as follows:
Sec. 165.T01-048 Safety Zone: Pepsi Gala Fireworks, New York Harbor,
Upper Bay.
(a) Location. The following area is a safety zone: All waters of
New York Harbor, Upper Bay, within a 360-yard
[[Page 26297]]
radius of the fireworks barge in approximate position 40 deg.41'16.5''N
074 deg.02'23''W (NAD 1983), about 360 yards east of Liberty Island,
New York.
(b) Effective period. This section is effective from 9:30 p.m.
until 11 p.m. on Saturday, May 15, 1999. There is no rain date for this
event.
(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.
R.E. Bennis,
Captain, U.S. Coast Guard,Captain of the Port, New York.
[FR Doc. 99-12272 Filed 5-13-99; 8:45 am]
BILLING CODE 4910-15-M
