[Federal Register Volume 63, Number 181 (Friday, September 18, 1998)]
[Rules and Regulations]
[Pages 49822-49823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25051]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-98-144]
RIN 2115-AA97
Safety Zone: World Yacht Cruises 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 World Yacht Cruises Fireworks program 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 on a portion of Federal
Anchorage 20C.
DATES: This rule is effective from 9:30 p.m. until 10:45 p.m. on
Saturday, September 19, 1998.
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) 354-4195.
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 Federl 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. Any delay encountered
in this regulation's effective date would be
[[Page 49823]]
contrary to public interest sine immediate action is needed to close a
portion of the waterway and protect the maritime public from the
hazards associated with this fireworks display.
Background and Purpose
On August 31, 1998, Fireworks by Grucci submitted an applicant to
hold a fireworks program on the waters of Upper New York Bay in Federal
Anchorage 20C. The fireworks program is being sponsored by Hoboken
Floors. This regulation established a safety zone in all waters of
Upper New York Bay within a 360 yard radius of the fireworks barge
approximate position 40-41-22N 074-02-22W (NAD 1983), approximately 360
yards northeast of Liberty Island, New York. The safety zone is in
effect from 9:30 p.m. until 10:45 p.m. on Saturday, September 19, 1998.
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, 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 or 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 limited
marine traffic in the area, 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 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.
Environment
The Coast Guard has 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 1.05-1(g) 6.04-1,
6.04-6, and 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T01-144 to read as follows:
Sec. 165.T01-144 Safety Zone: World Yacht Cruises 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 40-41-22N 074-02-22W (NAD 1983),
approximately 360 yards northeast of Liberty Island, New York.
(b) Effective period. This section is effective from 9:30 p.m.
until 10:45 p.m. on Saturday, September 19, 1998. 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. 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 10, 1998.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 98-25051 Filed 9-17-98; 8:45 am]
BILLING CODE 4910-15-M
