[Federal Register Volume 64, Number 35 (Tuesday, February 23, 1999)]
[Rules and Regulations]
[Pages 8722-8723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4433]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-004]
RIN 2115-AA97
Safety Zone: Scharfman Batmitzvah Fireworks, East River, Newtown
Creek, NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Scharfman Batmitzvah Fireworks program located on the East River,
Newtown Creek, New York. 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 on a portion of the East River.
DATES: This rule is effective from 10:15 p.m. until 11:45 p.m., on
Saturday, April 10, 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, at (718) 354-
4193.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation. Good cause exists for not
publishing an NPRM in the Federal Register. Due to the date the
Application for Approval of Marine Event was received, there was
insufficient time to draft and publish an NPRM. Any delay encountered
in this regulation's effective date would be contrary to public
interest since immediate action is needed to close a portion of the
waterway and protect the maritime public from the hazards associated
with this fireworks display.
Background and Purpose
On January 18, 1999, Bay Fireworks submitted an application to hold
a fireworks program on the waters of the East River. The fireworks
program is being sponsored by Shiela Scharfman. This regulation
establishes a safety zone in those waters of the East River within a
250-yard radius of the fireworks barge located in approximate position
40 deg.44'24''N 073 deg.57'57''W (NAD 1983), approximately 300 yards
from shore near Newton Creek, New York. The safety zone is in effect
from 10:15 p.m. until 11:45 p.m. on Saturday, April 10, 1999. There is
no rain date for this event. The safety zone prevents vessels from
transiting a portion of the East River 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
350 yards of the 900-yard-wide East River during the event. The Captain
of the Port does not anticipate any negative impact on commercial and
recreational traffic due to this event. Public notifications will be
made prior to the event via local notice 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 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 area, that vessels may
safely transit to the west of the zone, and extensive advance
notifications which will be made.
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 above, the Coast
Guard 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 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
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
Coast Guard must consider whether this rule will result in an annual
expenditure by state, local, and tribal governments, in the aggregate
of $100 million (adjusted annually for inflation). If so, the Act
requires that a reasonable number of regulatory alternatives be
considered, and that, from those alternatives, the least costly, most
cost-effective, or least burdensome alternative that achieves the
objective of the rule be selected. No state, local, or tribal
government entities will be affected by this rule, so this rule will
not result in annual or aggregate costs of $100 million or more.
Therefore, the Coast Guard is exempt from any further regulatory
requirements under the Unfunded Mandates Act.
Environment
The Coast Guard has considered the environmental impact of this
final rule and concluded that under Figure 2-1, paragraph 34(g), of
Commandant
[[Page 8723]]
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 Part 165
Harbors, Marine safety, Navigation (water), Reporting 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.
2. Add temporary Sec. 165.T01-004 to read as follows:
Sec. 165.T01-004 Safety Zone: Scharfman Batmitzvah Fireworks, East
River, Newtown Creek, New York
(a) Location. The following area is a safety zone: those waters of
the East River within a 250-yard radius of the fireworks barge in
approximate position 40 deg.44'24''N 073 deg.57'57''W (NAD 1983),
approximately 300 yards from shore near Newtown Creek, New York.
(b) Effective period. This section is effective from 10:15 p.m.
until 11:45 p.m. on Saturday, April 10, 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. U.S. Coast Guard patrol personnel include
commissioned, warrant, and petty officers of the Coast Guard. Upon
being hailed by a U.S. Coast Guard vessel via siren, radio, flashing
light, or other means, the operator of a vessel shall proceed as
directed.
Dated: February 8, 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-4433 Filed 2-22-99; 8:45 am]
BILLING CODE 4910-15-M
