[Federal Register Volume 59, Number 148 (Wednesday, August 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18838]


[[Page Unknown]]

[Federal Register: August 3, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-94-114]
RIN 2115-AA97

 

Safety Zone; Yachts for All Seasons, Inc. Fireworks, Upper New 
York Bay, NY and NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
fireworks program located in Federal Anchorage 20C in the Upper New 
York Bay. This event will take place on August 3, 1994, from 10 p.m. 
until 11:30 p.m. and will temporarily close all waters of Federal 
Anchorage 20C in the Upper New York Bay, within a 300 yard radius from 
the center point of two fireworks barges anchored together 
approximately 300 yards east of Liberty Island, New York. This safety 
zone will preclude all vessels from transiting this portion of the 
Upper New York Bay and is needed to protect the boating public from the 
hazards associated with fireworks exploding in the area.

DATES: This rule is effective from 10 p.m. until 11:30 p.m. on August 
3, 1994, unless terminated sooner by the Captain of the Port, New York.

FOR FURTHER INFORMATION CONTACT:
LT R. Trabocchi, Project Manager, Captain of the Port, New York (212) 
668-7933.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this notice are LT R. Trabocchi, Project Manager, 
Captain of the Port, New York and CDR J. Astley, 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 and good cause exists for not 
publishing an NPRM as well as making it 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. There was also insufficient time for publication of 
this temporary final rule 30 days 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 public interest.

Background and Purpose

    Fireworks by Grucci submitted an application to hold a fireworks 
program in the waters of the Upper New York Bay, off of Liberty Island, 
New York. This regulation establishes a temporary safety zone in the 
waters of Federal Anchorage 20C in the Upper New York Bay within a 300 
yard radius from the center point of two fireworks barges anchored 
together approximately 300 yards east of Liberty Island at or near 
40 deg.41'17'' N latitude, 74 deg.02'25'' W longitude. This safety zone 
will preclude all vessels from transiting this portion of the Upper New 
York Bay and is needed to protect boaters 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 safety zone will close a 
portion of the Upper New York Bay to all vessel traffic between 10:00 
p.m. and 11:30 p.m. on August 3, 1994, unless terminated sooner by the 
Captain of the Port, New York. Although this regulation will prevent 
traffic from transiting this area, the effect of this regulation will 
not be significant for several reasons. Due to the fact that this 
safety zone will not impact any navigable channel; that Federal 
Anchorage 20C is minimally used so no vessel is expected to be 
displaced by this event; that the duration of the event is limited: 
that the event is at a late hour; and that extensive, advance 
advisories will be made to the maritime community, the impact of this 
regulation is expected to be minimal. In addition, there are sufficient 
alternate anchorage areas in the immediate vicinity for mariners to 
anchor if desired.

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 given 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.c. of Commandant 
Instruction M16475.1B, it is an action under the Coast Guard's 
statutory authority to promote maritime safety and protect the 
environment, and thus is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination is 
included in the docket.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulations

    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.T01-114 is added to read as follows:


Sec. 165.T01-114  Yachts for all Seasons, Inc. Fireworks, Upper New 
York Bay, New York and New Jersey.

    (a) Location. All waters of Federal Anchorage 20C in Upper New York 
Bay, within a 300 yard radius from the center point of two fireworks 
barges anchored together approximately 300 yards east of Liberty 
Island, New York, at or near 40 deg.41'17'' N latitude, 74 deg.02'25'' 
W longitude.
    (b) Effective period. This section is effective from 10 p.m. until 
11:30 p.m. on August 3, 1994, unless terminated sooner by the Captain 
of the Port, New York.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
section 165.23 apply to this safety zone.
    (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: July 25, 1994.
T.H. Gilmour,
Captain, U.S. Coast Guard Captain of the Port, New York.
[FR Doc. 94-18838 Filed 8-2-94; 8:45 am]
BILLING CODE 4910-14-M