[Federal Register Volume 60, Number 96 (Thursday, May 18, 1995)]
[Rules and Regulations]
[Pages 26688-26690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12283]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-95-055]
RIN 2115-AA97
Safety Zone: Ellis Island NECO Awards Gala 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 a
fireworks program located in Federal Anchorage 20C in Upper New York
Bay, New York. This safety zone will be in [[Page 26689]] effect on May
21, 1995, from 10:15 p.m. until 11:30 p.m. The safety zone will
temporarily close all waters of the Upper New York Bay, within a 300
yard radius of the fireworks barges anchored approximately 300 yards
east of Liberty Island, New York.
EFFECTIVE DATE: This rule is effective on May 21, 1995, from 10:15 p.m.
until 11:30 p.m., unless extended or terminated sooner by the Captain
of the Port, New York.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief,
Coast Guard Group New York (212) 668-7934.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this notice are LTJG K. Messenger, Project Manager,
Coast Guard Group New York and LCDR J. Stieb, Project Attorney, First
Coast Guard District, Legal Office.
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation and good cause exists for not
publishing an NPRM. Due to the date this application was received,
there was insufficient time to draft and publish a notice of proposed
rulemaking that allows for a reasonable comment period prior to the
event. The delay encountered if normal rulemaking procedures were
followed would effectively cancel this event. Cancellation of this
event is contrary to public interest.
Background and Purpose
On May 1, 1995, Fireworks by Grucci submitted an application to
hold a fireworks program in the waters of Upper New York Bay, off of
Liberty Island, New York. This fireworks program is being sponsored by
the National Ethnic Coalition of Organizations Foundation, Inc.,
(NECO). This rule establishes a temporary safety zone in all waters of
the Upper New York Bay within a 300 yard radius of fireworks barges
anchored approximately 300 yards east of Liberty Island, New York, at
or near 40 deg.41'17''N latitude, 74 deg.02'25''W longitude. The safety
zone will be in effect on May 21, 1995, from 10:15 p.m. until 11:30
p.m., unless extended or terminated sooner by the Captain of the Port,
New York. This safety zone precludes all vessels from transiting this
portion of the Upper New York Bay and is needed to protect mariners
from the hazards associated with fireworks exploding in the area.
Regulatory Evaluation
This 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
rule to be so minimal that a full Regulatory Evaluation under paragraph
10(e) of the regulatory policies and procedures of DOT is unnecessary.
This safety zone closes a portion of the Upper New York Bay to all
vessel traffic on May 21, 1995, from 10:15 p.m. until 11:30 p.m.,
unless extended or terminated sooner by the Captain of the Port, New
York. Although this regulation prevents traffic from transiting this
area, the effect of this rule will not be significant for several
reasons. Due to the fact that this safety zone will not impact any
navigable channel; that the duration of the event is limited; that the
event is at a late hour; and that extensive, advance advisories will be
made to the maritime community, the impact of this rule is expected 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 rule 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
(15 U.S.C. 632).
For the reasons given in the Regulatory Evaluation, the Coast Guard
expects the impact of this rule to be minimal. The Coast Guard
certifies under 5 U.S.C. 605(b) that this 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).
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 rule does not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
rule and concluded that under section 2.B.2.e. of Commandant
Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, the
promulgation of this rule is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination and
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.
Temporary 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, Sec. 165.T01-055, is added to read as
follows:
Sec. 165.T01-055 Safety Zone; Ellis Island NECO Awards Gala Fireworks,
Upper New York Bay, New York and New Jersey.
(a) Location. All waters of Federal Anchorage 20C, Upper New York
Bay, within a 300 yard radius of the fireworks barges anchored
approximately 300 yards east of Liberty Island, New York, at or near
40 deg.41'17''N latitude, 074 deg.02'25''W longitude. (Datum: NAD 83)
(b) Effective period. This section is in effect on May 21, 1995,
from 10:15 p.m. until 11:30 p.m., 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.
[[Page 26690]] Dated: May 10, 1995.
T. H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-12283 Filed 5-17-95; 8:45 am]
BILLING CODE 4910-14-M
