[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Rules and Regulations]
[Pages 18008-18009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8641-Filed]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-95-035]
RIN 2115-AA97


Safety Zone: Transatlantic Reinsurance Co. 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 Upper New York 
Bay, New York. This safety zone will be in effect on May 9, 1995, from 
8:45 p.m. until 10 p.m., unless extended or terminated sooner by the 
Captain of the Port, New York. The safety zone will temporarily close 
all waters of the Upper New York Bay, within a 300 yard radius of the 
fireworks platform anchored approximately 300 yards east of Liberty 
Island, New York.

EFFECTIVE DATE: This rule is effective on May 9, 1995, from 8:45 p.m. 
until 10 p.m., 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 LCDR 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 and good cause exists for not 
publishing an NPRM. 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 public interest.

Background and Purpose

    On March 17, 1995, Fireworks by Grucci submitted an application to 
hold a fireworks program in the waters of Upper New York Bay, off of 
Liberty Island, New York. This regulation establishes a temporary 
safety zone in all waters of the Upper New York Bay within a 300 yard 
radius of the fireworks platform anchored approximately 300 yards east 
of Liberty Island, New York, at or near 40 deg.41'17''N latitude, 
074 deg.02'25''W longitude. The safety zone will be in effect on May 9, 
1995 from 8:45 p.m. until 10 p.m., unless extended or terminated sooner 
by the Captain of the Port, New York.
    This safety zone precludes all vessels from transiting this portion 
of the Upper New York Bay and is needed to protect 
[[Page 18009]] 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 safety zone closes a portion 
of the Upper New York Bay to all vessel traffic on May 9, 1995, from 
8:45 p.m. until 10 p.m., unless extended or terminated sooner by the 
Captain of the Port, New York. Although this regulation prevents 
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 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 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 no 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.e. of Commandant 
Instruction M16475.13, 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. An 
appropriate environmental analysis of the fireworks program will be 
conducted in conjunction with the marine event permitting process.

List of Subjects in 33 CFR Part 165

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

Regulation

    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, Sec. 165.T01-035, is added to read as 
follows:


Sec. 165.T01-035  Safety Zone; Transatlantic Reinsurance Co. Fireworks, 
Upper New York Bay, New York and New Jersey.

    (a) Loction. All waters of Federal Anchorage 20C, Upper New York 
Bay, within a 300 yard radius of the fireworks platform anchored 
approximately 300 yards east of Liberty Island, New York, at or near 
40 deg.41'17''N latitude, 074 deg.02'25''W longitude.
    (b) Effective period. This safety zone is in effect on May 9, 1995, 
from 8:45 p.m. until 10 p.m., unless extended or terminated sooner by 
the Captain of the Port, New York.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR Section 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 March 31, 1995.
T. H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-8641-Filed 4-7-95; 8:45 am]
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