[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Rules and Regulations]
[Pages 24698-24699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12258]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-96-028]
RIN 2115-AA97
Safety Zone: National Ethnic Coalition of Organizations
Fireworks, Upper New York Bay, NY and NJ
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the National Ethnic Coalition of Organizations' fireworks program
located in Upper New York Bay, New York and New Jersey. The safety zone
is in effect from 10:15 p.m. until 11:30 p.m. on Sunday, May 19, 1996.
The safety zone temporarily closes all waters of Upper New York Bay
within a 300 yard radius of a fireworks barge anchored approximately
300 yards east of Liberty Island, New York.
EFFECTIVE DATE: This rule is effective from 10:15 p.m. until 11:30 p.m.
on Sunday, May 19, 1996, unless extended or terminated sooner by the
Captain of the Port, New York.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) C. Stevens, Coordination and Analysis Branch,
Coast Guard Activities New York, at (212) 668-7906.
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 and for making this regulation effective less than
30 days after Federal Register publication. Due to the date the
application for this event was received, there was insufficient time to
draft and published an NPRM. Any delay encountered in this regulation's
effective date would be contrary to public interest since immediate
action is needed to protect the maritime public from the hazards
associated with fireworks exploding from a barge in the waters of Upper
New York Bay.
[[Page 24699]]
Background and Purpose
On April 16, 1996, Fireworks by Grucci, Inc., submitted an
Application for Approval of Marine Event to hold a fireworks program on
the waters of Upper New York Bay in Federal Anchorage 20C. The
fireworks program is being sponsored by the National Ethnic Coalition
of Organizations. This regulation establishes a temporary safety zone
in all waters of Upper New York Bay within a 300 yard radius of the
fireworks barge anchored approximately 300 yards east Liberty Island,
New York, at approximately 40 deg.41'18'' N latitude, 074 deg.02'25'' W
longitude (NAD 1983). The safety zone is in effect fro 10:15 p.m. until
11:30 p.m. on May 19, 1996, unless extended or terminated sooner by the
Captain of the Port, New York. The safety zone prevents vessels from
transiting this portion of the Upper New York Bay, adjacent to the
eastern shoreline of Liberty Island, and is needed to project mariners
from the hazards associated with fireworks exploding from a barge in
the area.
Regulatory Evaluation
This regulation 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 regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of DOT is unnecessary. This regulation closes a portion
of Upper New York Bay off of Liberty Island, New York, in Federal
Anchorage 20C, to vessel traffic from 10:15 p.m. until 11:30 p.m. on
May 19, 1996, unless extended or terminated sooner by the Captain of
the Port, New York. Federal Anchorage 20C is mainly used by commercial
sightseeing vessels and recreational vessels. Although the regulation
prevents traffic from transiting this area, the effect of the
regulation will not be significant for several reasons: the duration of
the event is limited; the event is at a late hour; the zone is located
within a Federal Anchorage and does not impact a navigable channel;
vessel traffic may safely pass to the east of this area; and the
extensive, advance advisories which will be made. Accordingly, the
Coast Guard expects the economic impact of this regulation to be so
minimal that a Regulatory Evaluation is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this regulation will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are not independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For reasons set forth in the Regulatory Evaluation, the Coast Guard
certifies under 5 U.S.C. 605(b) that this regulation will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This regulation 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 this regulation 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
regulation and concluded that under section 2.B.2.e. (34)(g) of
Commandant Instruction M16475.1B (as revised by 59 FR 38654, July 29,
1994), the promulgation of this regulation is categorically excluded
from further environmental documentation. A Categorical Exclusion
Determination and Environmental Analysis Checklist are included in the
docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final Regulation
For 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, and 160.5; 49 CFR 1.46.
2. A temporary section 165.T01-028, is added to read as follows:
Sec. 165.T01-028 Safety Zone: National Ethnic Coalition of
Organizations Fireworks, Upper New York Bay, New York and New Jersey.
(a) Location. The waters of Upper New York Bay within a 300 yard
radius of the fireworks barge anchored approximately 300 yards east of
Liberty Island, New York, in Federal Anchorage 20C, at approximately
40 deg.41'18'' N latitude, 074 deg.02'25'' W longitude (NAD 1983).
(b) Effective period. This section is effective from 10:15 p.m.
until 11:30 p.m. on May 19, 1996, unless extended or terminated sooner
by the Captain of the Port, New York.
(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: May 6, 1996.
T. H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 96-12258 Filed 5-15-96; 8:45 am]
BILLING CODE 4910-14-M
