[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Rules and Regulations]
[Pages 30143-30144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14704]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-98-009]
RIN 2121-AA97
Safety Zone; Coney Island Air Show Days, Coney Island Channel,
Brooklyn, New York
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
vicinity of Coney Island Channel for the Coney Island Air Show Days.
The safety zone is in effect from 10:30 a.m. until 2:00 p.m. on June 5,
6, and 7, 1998. This action is necessary to provide for the safety of
life on navigable waters during the event. It is intended to restrict
vessel traffic approximately \1/2\ mile from the beach at Coney Island,
NY.
DATES: This rule is effective from 10:30 a.m. until 2:00 p.m. on June
5, 6, and 7, 1998.
ADDRESSES: Comments may be mailed to Commander (wob) (CGD01-98-009),
Coast Guard Activities New York, 212 Coast Guard Drive, Staten Island,
New York 10305-5005, or deliver them to room 205 at the same address
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
The Waterways Oversight Branch of Coast Guard Activities New York
maintains the public docket for this rulemaking. Comments, and
documents as indicated in this preamble, will become part of this
docket and will be available for inspection or copying in room 205 at
the same address between 8 a.m. and 3 p.m., Monday through Friday,
except federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) A.
Kenneally, Waterways Oversight Branch, Coast Guard Activities New York,
at (718) 354-4195.
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 this
application 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. Immediate action is needed
to close a portion of the waterway and protect the maritime public from
the hazards associated with this airshow, which is intended for public
entertainment.
Background and Purpose
Astroland Amusement Park has submitted an Application for Approval
of Marine Event to hold the Coney Island Air Show Days over the waters
in the vicinity of Coney Island Channel. This regulation establishes a
safety zone, rectangular in shape; the borders of which are marked by
buoys in the following positions:
Latitude Longitude
40 deg. 34.03' N 073 deg. 59.81' W, then south to
40 deg. 33.69' N 073 deg. 59.75' W, then east to
40 deg. 33.94' N 073 deg. 57.19' W, then north to
40 deg. 34.30' N 073 deg. 57.25' W, then west to the
starting point.
The safety zone is in effect from 10:30 a.m. until 2 p.m. June 5, 6,
and 7, 1998. The safety zone prevents vessels from transiting an area
adjacent to Coney Island. This safety zone is needed to provide
unobstructed flight lines for the U.S. Navy Blue Angels Jet
Demonstration Team and to protect mariners from the hazards associated
with military aircraft flying high speed maneuvers at low altitudes. No
more than 100 spectator crafts are expected for the event.
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
following: pleasure craft desiring to view the event will be able to do
so outside the safety zone; commercial and recreational vessels
navigating Coney Island Channel can alter their route south of the
affected area; the minimal time that vessels will be restricted from
the zone, and the 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 the reasons discussed in the Regulatory Evaluation section
above, the Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this 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.
[[Page 30144]]
Environment
The Coast Guard considered the environmental impact of this 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 ``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 proposes
to amend 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 section 165.T01-009 to read as follows:
Sec. 165.T01-009 Safety Zone; Coney Island Air Show Days, Brooklyn,
New York.
(a) Location. The following area is a safety zone: all waters in
the vicinity of Coney Island Channel, approximately \1/2\ mile from
shore; rectangular in shape, the corners of which are marked by buoys
in the following positions:
Latitude Longitude
40 deg. 34.03' N 073 deg. 59.81' W, then south to
40 deg. 33.69' N 073 deg. 59.75' W, then east to
40 deg. 34.94' N 073 deg. 57.19' W, then north to
40 deg. 34.30' N 073 deg. 57.25' W, then west to the
starting point.
(b) Effective period. This section is in effect from 10:30 a.m.
until 2 p.m. on June 5, 6, and 7, 1998.
(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 7, 1998.
Richard C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 98-14704 Filed 6-2-98; 8:45 am]
BILLING CODE 4910-15-M
