[Federal Register Volume 64, Number 166 (Friday, August 27, 1999)]
[Rules and Regulations]
[Pages 46848-46849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22333]
[[Page 46848]]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-094]
RIN 2115-AA97
Safety Zone: Staten Island Fireworks, Lower New York Bay and
Raritan Bay
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing two temporary safety zones for
Staten Island fireworks displays located on Lower New York Bay and
Raritan Bay. This action is necessary to provide for the safety of life
on navigable waters during the events. This action is intended to
restrict vessel traffic in a portion of Lower New York Bay and Raritan
Bay.
DATES: This temporary final rule is effective from 8:30 p.m. on August
28, 1999, until 10 p.m. September 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 July 7, 1999, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled Safety Zone: Staten Island Fireworks, Lower
New York Bay and Raritan Bay in the Federal Register (64 FR 36633). 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 temporary final rule that
would be effective at least 30 days after it was published. The Coast
Guard published an NPRM with a 45-day comment period, but this did not
leave sufficient time to publish the temporary 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 Lower
New York and Raritan Bays, and provide for the safety of life on
navigable waters.
Background and Purpose
The fireworks programs are being sponsored by the Borough of Staten
Island. This temporary final rule establishes two temporary safety
zones. First, in all waters of Lower New York Bay within a 360-yard
radius of the fireworks barge located in approximate position
40 deg.35'11'' N, 074 deg.03'42'' W (NAD 1983), about 350 yards east of
South Beach, Staten Island. The safety zone is in effect from 8:30 p.m.
until 10 p.m. on August 28, 1999. The rain date for this event is
August 29, 1999, at the same time and place. Second, in all waters of
Raritan Bay in the vicinity of the Raritan River Cutoff and Ward Point
Bend (West) within a 240-yard radius of the fireworks barge in
approximate position 40 deg.30'04'' N, 074 deg.15'35'' W (NAD 1983),
about 240 yards east of Raritan River Cutoff Channel Buoy 2 (LLNR
36595). The temporary safety zone is in effect from 8:30 p.m. until 10
p.m. on September 4, 1999. The rain date of this event is September 5,
1999, at the same time and place. The temporary safety zones prevent
vessels from transiting a portion of Lower New York Bay and Raritan Bay
in the vicinity of the Raritan River Cutoff, Ward Point Bend (West).
The temporary safety zones are needed to protect boaters from the
hazards associated with fireworks launched from two barges in the area.
Marine traffic will still be able to transit through Lower New York Bay
during the event off South Beach on August 28, 1999. Marine traffic
will still be able to transit through the eastern 140 yards of the 230-
yard wide Ward Point Bend (West) during the event on September 4, 1999.
Traffic that cannot transit through the closed Raritan River Cutoff may
transit through Ward Point Bend (West) by using South Amboy Reach,
Great Beds Reach, Ward Point Secondary Channel, and Ward Point Bend
(East). Additionally, vessels are not precluded from mooring at or
getting underway from any marinas or piers at Perth Amboy, New Jersey
during the display in the Raritan River Cutoff. Public notifications
will be made before the event by the Local Notice to Mariners and
marine information broadcasts. The Coast Guard limited the comment
period for this NPRM to 45 days because the temporary safety zones are
only for one and a half hour long local events.
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 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 temporary final
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 is based on the minimal time that vessels will be
restricted from the zone, and on the facts that vessels are not
precluded from getting underway, or mooring at, the marinas and piers
in Perth Amboy, New Jersey; that marine traffic will still be able to
transit through Lower New York Bay during the display on August 28,
1999; that marine traffic will still be able to transit to the east of
the zone on September 4, 1999; and that advance notifications 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 temporary 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 stated in the Regulatory Evaluation section above, the
Coast Guard certifies under 5 U.S.C. 605(b) that this temporary final
rule will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This temporary 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 temporary final rule under the
[[Page 46849]]
principles and criteria contained in Executive Order 12612 and has
determined that this temporary 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
temporary 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
temporary final rule and concluded that under figure 2-1, paragraph
34(g), of Commandant Instruction M16475.1C, this temporary 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 Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
For the reasons set out 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, 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T01-094 to read as follows:
Sec. 165.T01-094 Safety Zone: Staten Island Fireworks, Lower New York
Bay and Raritan Bay.
(a) Safety Zone A: (1) Location. All waters of Lower New York Bay
within a 360-yard radius of the fireworks barge in approximate position
40 deg.35'11'' N., 074 deg.03'42'' W. (NAD 1983), about 350 yards east
of South Beach, Staten Island.
(2) Effective period. This paragraph is effective from 8:30 p.m.
until 10 p.m. on August 28, 1999. If the event is canceled for
inclement weather, then this paragraph is effective from 8:30 p.m.
until 10 p.m. on August 29, 1999.
(b) Safety Zone B: (1) Location. All waters of Raritan Bay in the
vicinity of the Raritan River Cutoff and Ward Point Bend (West) within
a 240-yard radius of the fireworks barge in approximate position
40 deg.30'04'' N., 074 deg.15'35'' W. (NAD 1983), about 240 yards east
of Raritan River Cutoff Channel Buoy 2 (LLNR 36595).
(2) Effective period. This paragraph is effective from 8:30 p.m.
until 10 p.m. on September 4, 1999. If the event is canceled for
inclement weather, then this paragraph is effective from 8:30 p.m.
until 10 p.m. on September 5, 1999.
(c) Effective period. This section is effective from 8:30 p.m. on
August 28, 1999, until 10 p.m. September 5, 1999.
(d) 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: August 23 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-22333 Filed 8-26-99; 8:45 am]
BILLING CODE 4910-15-P
