[Federal Register Volume 64, Number 87 (Thursday, May 6, 1999)]
[Rules and Regulations]
[Pages 24286-24288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11343]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD 01-99-034]
RIN 2115-AA97
Safety Zone: Ellis Island Medals of Honor 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 Ellis Island Medals of Honor Fireworks program located north of
Federal Anchorage 20B, New York Harbor, Upper Bay. 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 in a
portion of Federal Anchorages 20A and 20B.
DATES: This rule is effective from 8:30 p.m. until 10 p.m., on
Saturday, May 8, 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, 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 Approval of Marine Event was receive, 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 a portion of the waterway and
protect the maritime public from the hazards associated with this
fireworks display. This is also an annual event published in 33 CFR
100.114. However, this year's display is
[[Page 24287]]
being moved from east of Liberty Island to east of Ellis Island.
Background and Purpose
On March 3, 1999, Fireworks by Grucci submitted an application to
hold a fireworks program on the water of Upper New York Bay between
Federal Anchorages 20A and 20B. The fireworks program is being
sponsored by The Forum. This regulation establishes a safety zone in
all waters of Upper New York Bay within a 360 yard radius of the
fireworks barge located in approximate position 40 deg.41'15'' N.
074 deg.02'09'' W. (NAD 1993), approximately 365 yards east of Ellis
Island. The safety zone is in effect from 8:30 p.m. until 10 p.m. on
Saturday, May 8, 1999. There is no rain date for this event. The safety
zone prevents vessels from transiting a portion of Federal Anchorages
20A and 20B and is needed to protect boaters from the hazards
associated with fireworks launched form a barge in the area.
Recreational and commercial vessel traffic will be able to anchor in
the unaffected northern and southern portions of Federal Anchorages 20A
and 20B. Federal Anchorages 20C, 20D and 20E, to the south, are also
available for vessel use. Marine traffic will still be able to transit
through Anchorage Channel, Upper Bay, during the event as the safety
zone only extends 150 yards into the 900-yard wide channel. The Captain
of the Port does not anticipate any negative impact on vessel 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 limited
marine traffic in the area, the minimal time that vessels will be
restricted from the zone, that vessels may safely anchor to the north
and south of the zone, that vessels may still transit through Anchorage
Channel during the event, 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
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 has 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 written
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), 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),
6.04-6, 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.T01-034 to read as follows:
Sec. 165.T01-034 Safety Zone; Ellis Island Medals of Honor 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 radius of the fireworks
barge in approximate position 40 deg.41'15'' N., 074 deg.02'09'' W.
(NAD 1983), approximately 365 yards East of Ellis Island.
[[Page 24288]]
(b) Effective period. This section is effective from 8:30 p.m.
until 10 p.m. on Saturday, May 8, 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: April 23, 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-11343 Filed 5-5-99; 8:45 am]
BILLING CODE 4910-15-M
