[Federal Register Volume 60, Number 179 (Friday, September 15, 1995)]
[Rules and Regulations]
[Pages 47870-47871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22983]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-95-138]
RIN 2115-AA97
Safety Zone: Periphonics Corporation 25th Anniversary Fireworks,
Upper New York Bay, NY
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 Corporation 25th Anniversary fireworks located in Upper
New York Bay, New York. The safety zone is in effect from 10 p.m. until
11:20 p.m. on Saturday, September 16, 1995, unless extended or
terminated sooner by the Captain of the Port New York. The safety zone
temporarily closes all waters of Upper New York Bay, within a 300 yard
radius of a fireworks barge anchored approximately 300 yards east of
Liberty Island, New York.
EFFECTIVE DATE: This rule is in effect from 10 p.m. until 11:20 p.m. on
September 16, 1995, 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 CDR 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 exits 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.
Adequate measures are being taken to ensure mariners are made aware
of this regulation. Notification of this rule will be locally published
in the First Coast Guard District's Local Notice to Mariners, and
announced via Safety Marine Information Broadcasts.
Background and Purpose
On August 22, 1995, Fireworks by Grucci, Inc. submitted an
Application for Approval of Marine Event to hold a fireworks program in
the waters of Federal Anchorage 20C, in Upper New York Bay. The
fireworks program is being sponsored by the Periphonics Corporation.
This regulation establishes a temporary safety zone in all waters of
Upper New York Bay, within a 300 yard radius of the fireworks barge
anchored approximately 300 yards east of Liberty Island, New York, at
approximately 40 deg.41'18'' N latitude, 074 deg.02'25'' W longitude
(NAD 1983). The safety zone is in effect from 10 p.m. until 11:20 p.m.
on September 16, 1995, unless extended or terminated sooner by the
Captain of the Port New York. The safety zone prevents vessels from
transiting this portion of Upper New York Bay, adjacent to the eastern
shoreline of Liberty Island, 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; 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 regulation closes a portion
of Upper New York Bay, Federal Anchorage 20C, off of Liberty Island,
New York, to vessel traffic from 10 p.m. until 11:20 p.m. on September
16, 1995, unless extended or terminated sooner by the Captain of the
Port New York. Federal Anchorage 20C is mainly used by commercial
sightseeing vessels and recreational vessels. Although the regulation
prevents traffic from transiting this area, the effect of the
regulation will not be significant for
[[Page 47871]]
several reasons: the duration of the event is limited; the event is at
a late hour; the zone is located within a Federal Anchorage and does
not impact a navigable channel; vessel traffic may safely pass to the
east of this area; and the extensive, advance advisories which will be
made. Accordingly, the Coast Guard expects the economic 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 set forth 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. Under the
National Environmental Policy Act, the approval of the permit for
marine event for this event is a federal action which is categorically
excluded in accordance with section 2.B.2.e(35)(h) of Commandant
Instruction M16475.1B. This fireworks display lasts less than 30
minutes and is expected to involve less than 200 spectator craft.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
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.T01-138, is added to read as follows:
Sec. 165.T01-138 Safety Zone; Periphonics Corporation 25th
Anniversary Fireworks, Upper New York Bay, New York.
(a) Location. The safety zone includes all waters of Upper New York
Bay, within a 300 yard radius of the fireworks barge anchored
approximately 300 yards east of Liberty Island, New York, at
approximately 40 deg.41'18'' N latitude, 074 deg.02'25'' W longitude
(NAD 1983).
(b) Effective period. This section is in effect from 10 p.m. until
11:20 p.m. on September 16, 1995, unless extended or terminated sooner
by the Captain of the Port New York.
(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: September 5, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 95-22983 Filed 9-14-95; 8:45 am]
BILLING CODE 4910-14-M
