99-23717. Safety Zone: Periphonics Corp. 30th Anniversary Fireworks, New York Harbor, Upper Bay  

  • [Federal Register Volume 64, Number 176 (Monday, September 13, 1999)]
    [Rules and Regulations]
    [Pages 49392-49393]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-23717]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    
    33 CFR Part 165
    
    [CGD01-99-152]
    RIN 2115-AA97
    
    
    Safety Zone: Periphonics Corp. 30th Anniversary 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 Periphonics Corp. 30th Anniversary Fireworks Display located in 
    Federal Anchorage 20C, 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 Anchorage 20C.
    
    DATES: This rule is effective from 9 p.m. until 10:30 p.m., on 
    Saturday, September 25, 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 received, 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 the waterway and protect the 
    maritime public from the hazards associated with this fireworks 
    display.
    
    Background and Purpose
    
        On August 17, 1999, Fireworks by Grucci Inc. submitted an 
    application to hold a fireworks program on the waters of Upper New York 
    Bay in Federal Anchorage 20C. The fireworks program is being sponsored 
    by Periphonics Corp. This regulation establishes a safety zone in all 
    waters of Upper New York Bay within a 360 yard radius of the fireworks 
    barge in approximate position 40 deg.41'16.5''N 074 deg.02'23''W (NAD 
    1983), approximately 360 yards east of Liberty Island, New York. The 
    safety zone is in effect from 9 p.m. until 10:30 p.m. on Saturday, 
    September 25, 1999. There is no rain date for this event. The safety 
    zone prevents vessels from transiting a portion of Federal Anchorage 
    20C and is needed to protect boaters from the hazards associated with 
    fireworks launched from a barge in the area. Recreational and 
    commercial vessel traffic will be able to anchor in the unaffected 
    northern and southern portions of Federal Anchorage 20C. Federal 
    Anchorages 20A and 20B, to the north, and Federal Anchorages 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 125 yards into the 
    925-yard wide channel. 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 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 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, local, or 
    tribal governments, or the private sector.
    
    [[Page 49393]]
    
    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), 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), 
    6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
    
        2. Add temporary Sec. 165T.0-152 to read as follows:
    
    
    Sec. 165.T01-152  Safety Zone: Periphonics Corp. 30th Anniversary 
    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.41'16.5''N 074 deg.02'23''W (NAD 
    1983), approximately 360 yards east of Liberty Island, New York.
        (b) Effective period. This section is effective from 9 p.m. until 
    10:30 p.m. on Saturday, September 25, 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. 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: September 3, 1999.
    R.E. Bennis,
    Captain, U.S. Coast Guard, Captain of the Port, New York.
    [FR Doc. 99-23717 Filed 9-10-99; 8:45 am]
    BILLING CODE 4910-15-M
    
    
    

Document Information

Effective Date:
9/25/1999
Published:
09/13/1999
Department:
Coast Guard
Entry Type:
Rule
Action:
Temporary final rule.
Document Number:
99-23717
Dates:
This rule is effective from 9 p.m. until 10:30 p.m., on Saturday, September 25, 1999. There is no rain date for this event.
Pages:
49392-49393 (2 pages)
Docket Numbers:
CGD01-99-152
RINs:
2115-AA97: Safety/Security Zone Regulations
RIN Links:
https://www.federalregister.gov/regulations/2115-AA97/safety-security-zone-regulations
PDF File:
99-23717.pdf
CFR: (1)
33 CFR 165.T01-152