[Federal Register Volume 64, Number 158 (Tuesday, August 17, 1999)]
[Rules and Regulations]
[Pages 44658-44659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21269]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-135]
RIN 2115-AA97
Safety Zone Port of New York/New Jersey Annual Marine Events
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is removing a number of Safety Zone
regulations for annual fireworks displays. This action is necessary to
update the current regulations for Safety Zones. This action is
intended to remove regulations for events that are now covered by other
regulations.
DATES: This rule is effective August 17, 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. Good cause exists for not
publishing an NPRM and for making this regulation effective less than
30 days after Federal Register publication. These procedures are
unnecessary because this regulation is strictly administrative in
nature. This final rule merely removes obsolete sections in 33 CFR part
165. The safety zones being removed have gone through notice and
comment rulemaking and are included in the First Coast Guard District
Fireworks list in 33 CFR 100.114.
Background and Purpose
One June 28, 1999, the First Coast Guard District published a Final
rule in the Federal Register (64 FR 34543) updating the regulations for
Fireworks displays within the First Coast Guard District (33 CFR
100.114). The following regulations for fireworks displays from 33 CFR
part 165 were added to the list in Sec. 100.114 and are no longer
required in part 165:
1. Sec. 165.161 Safety Zone; Annual ``Fireworks on the Navesink''
Fireworks Display Navesink River, Red Bank, New Jersey.
2. Sec. 165.166 Safety Zone; Annual Burlington Independence Day
Celebration Fireworks Display, Burlington Bay, Vermont.
3. Sec. 165.167 Safety Zone; Annual Rensselaer Festival Fireworks
Display, Hudson River, New York.
4. Sec. 165.170 Safety Zone; Heritage of Pride Fireworks Display,
Hudson River, New York.
[[Page 44659]]
5. Sec. 165.174 Safety Zone; Annual South Street Seaport New Year's
Eve Fireworks Display, East River, New York.
6. Sec. 165.175 Safety Zone; Annual South Street Seaport Memorial
Day Fireworks Display, East River, New York.
7. Sec. 165.178 Safety Zone; Annual North Hempstead Memorial Day
Fireworks Display, Hempstead Harbor, New York.
Regulatory Evaluation
This final rule is not a significant regulatory action under
section (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 fact that this regulation is
strictly administrative in nature and that the regulations have gone
through notice and comment rulemaking while being added to the list of
First Coast Guard District fireworks displays in 33 CFR 100.114.
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 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, 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 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 Coat 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, 160.5; 49 CFR 1.46.
Sec. 165.161 [Removed]
2. Remove Sec. 165.161.
Sec. 165.166 [Removed]
3. Remove Sec. 165.166.
Sec. 165.167 [Removed]
4. Remove Sec. 165.167.
Sec. 165.170 [Removed]
5. Remove Sec. 165.170
Sec. 165.174 [Removed]
6. Remove Sec. 165.174.
Sec. 165.175 [Removed]
7. Remove Sec. 165.175.
Sec. 165.178 [Removed]
8. Remove Sec. 165.178.
Dated: August 6, 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-21269 Filed 8-16-99; 8:45 am]
BILLING CODE 4910-15-M
