[Federal Register Volume 60, Number 123 (Tuesday, June 27, 1995)]
[Rules and Regulations]
[Pages 33119-33120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15759]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-95-073]
RIN 2115-AA97
Safety Zone: Main Stay Funds 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 effect on June 30, 1995,
from 9:45 p.m. until 11 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 June 30, 1995, from 9:45 p.m.
until 11 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. 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 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 the public interest.
Background and Purpose
On May 18, 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 sponsored by Main
Stay Funds. This regulation establishes a temporary safety zone in 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, at or near 40 deg.41'17'' N latitude, 074 deg.02'25''
W longitude (NAD 1983). The safety zone is in effect on June 30, 1995,
from 9:45 p.m. until 11 p.m., unless extended or terminated sooner by
the Captain of the Port, New York. This safety zone prevents vessels
from transiting this portion of the Upper New York Bay along the
eastern coastline of Liberty Island, New York, and is needed to protect
mariners from the hazards associated with fireworks exploding 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; [[Page 33120]] 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 safety zone closes
a portion of the Upper New York Bay to vessel traffic on June 30, 1995,
from 9:45 p.m. until 11 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 regulation will
not be significant for several reasons: the safety zone is located
within an anchorage area; the duration of the event is limited; the
event is at a late hour; all vessel traffic may safely pass to the east
of this safety zone; and the extensive, advance advisories that will be
made. Accordingly, the Coast Guard expects the 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'' 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 regulation to be minimal. 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).
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 raise 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. of Commandant
Instruction M16475.1B, revised 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. 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 measurers, 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.T01-073 is added to read as follows:
Sec. 165.T01-073 Safety Zone; Main Stay Funds 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 (NAD 1983).
(b) Effective period. This section is in effect on June 30, 1995,
from 9:45 p.m. until 11 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
Section 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: June 19, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-15759 Filed 6-26-95; 8:45 am]
BILLING CODE 4910-14-M
