[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Rules and Regulations]
[Pages 34992-34994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16667]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-083]
RIN 2115-AA97
Safety Zone: Staten Island Fireworks, Raritan Bay and Lower New
York Bay
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing two temporary safety zones for
Staten Island fireworks displays located on Raritan Bay and Lower New
York 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 Raritan Bay and Lower New York Bay.
DATES: This rule is effective from 8:30 p.m. on July 3, 1999, until 10
p.m. on July 11, 1999.
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. Due to the date the Application
for Approval of
[[Page 34993]]
Marine Event was received, there was insufficient time to draft and
publish an NPRM and publish the final rule 30 days before its effective
date. Good cause exists for not publishing an NPRM and for making this
regulation effective less than 30 days after Federal Register
publication. Any delay encountered in this regulation's effective date
would be contrary to public interest since immediate action is needed
to close the waterways and protect the maritime public from the hazards
associated with these fireworks displays.
Background and Purpose
The fireworks programs are being sponsored by the Borough of Staten
Island. This regulation establishes two safety zones. First, in all
waters of Raritan Bay in the vicinity of the Raritan River Cutoff and
Ward Point Bend (West) within a 240-yard radius of the fireworks barge
located in approximate position 40 deg.30'04'' N 074 deg.15'35'' W (NAD
1983), approximately 240 yards east of Raritan River Cutoff Channel
Buoy 2 (LLNR 36595). The safety zone is in effect from 8:30 p.m. until
10 p.m. on Saturday, July 3, 1999. The rain date for this event is
Sunday, July 4, 1999, at the same time and place. Second, in all waters
of Lower New York Bay within a 360-yard radius of the fireworks barge
located in approximate position 40 deg.35'11'' N 074 deg.03'42'' W (NAD
1983), approximately 350 yards east of South Beach, Staten Island. The
safety zone is in effect from 8:30 p.m. until 10 p.m. on Saturday, July
10, 1999. The rain date for this event is Sunday, July 11, 1999, at the
same time and place. The safety zones prevent vessels from transiting a
portion of Raritan Bay in the vicinity of the Raritan River Cutoff,
Ward Point Bend (West), and Lower New York Bay. The safety zones are
needed to protect boaters from the hazards associated with fireworks
launched from two barges in the area. Marine traffic will still be able
to transit through the eastern 140 yards of the 230-yard wide Ward
Point Bend (West) during the event on July 3, 1999. Traffic that can
not transit through the Raritan River Cutoff will be able to transit
through Ward Point Bend (West) by using South Amboy Reach, Great Beds
Reach, Ward Point Secondary Channel, and Ward Point Bend (East). Marine
traffic will still be able to transit through Lower New York Bay during
the event off South Beach on July 10, 1999. Additionally, vessels are
not precluded from mooring at or getting underway from any marinas or
piers at Perth Amboy, New Jersey during the display in the Raritan
River Cutoff. Public notifications will be made prior to the event via
the 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 minimal
time that vessels will be restricted from the zone, that vessels are
not precluded from getting underway, or mooring at, the marinas and
piers in Perth Amboy, New Jersey, that marine traffic may safely
transit to the east of the zone on July 3, 1999, marine traffic will
still be able to transit through Lower New York Bay during the display
on July 10, 1999, and 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 final 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 and with populations of less
than 50,000.
For 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 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 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 URMA 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 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 ``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), Reports 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.T01-083 to read as follows:
Sec. 165.T01-083 Safety Zone: Staten Island Fireworks, Raritan Bay and
Lower New York Bay.
(a) Safety Zones. The following areas are designated safety zones:
(1) Safety Zone A: (1) Location. All waters of Raritan Bay in the
vicinity of the Raritan River Cutoff and Ward Point Bend (West) within
a 240-yard radius of
[[Page 34994]]
the fireworks barge in approximate position 40 deg.30'04'' N
074 deg.15'35'' W (NAD 1983), approximately 240 yards east of Raritan
River Cutoff Channel Buoy 2 (LLNR 36595).
(ii) Effective period. Paragraph (a)(1) of this section is
effective from 8:30 p.m. until 10 p.m. on July 3, 1999. If the event is
cancelled due to inclement weather, then this paragraph is effective
from 8:30 p.m. until 10 p.m. on July 4, 1999.
(2) Safety Zone B: (i) Location. All waters of Lower New York Bay
within a 360-yard radius of the fireworks barge in approximate position
40 deg.35'11'' N 074 deg.03'42'' W (NAD 1983), approximately 350 yards
east of South Beach, Staten Island.
(ii) Effective period. Paragraph (a)(2) of this section is
effective from 8:30 p.m. until 10 p.m. on July 10, 1999. If the event
is cancelled due to inclement weather, then this paragraph is effective
from 8:30 p.m. until 10 p.m. on July 11, 1999.
(b) 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. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
Dated: June 18, 1999.
L.M. Brooks,
Captain, U.S. Coast Guard, Acting Captain of the Port, New York.
[FR Doc. 99-16667 Filed 6-29-99; 8:45 am]
BILLING CODE 4910-15-M
