[Federal Register Volume 60, Number 123 (Tuesday, June 27, 1995)]
[Rules and Regulations]
[Pages 33119-33120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15759]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-95-073]
RIN 2115-AA97


Safety Zone: Main Stay Funds 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 June 30, 1995, 
from 9:45 p.m. until 11 p.m. The safety zone will temporarily close all 
waters of the Upper New York Bay within a 300 yard radius of the 
fireworks barges anchored approximately 300 yards east of Liberty 
Island, New York.

EFFECTIVE DATE: This rule is effective on June 30, 1995, from 9:45 p.m. 
until 11 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. 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 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.

Background and Purpose

    On May 18, 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 fireworks program is sponsored by Main 
Stay Funds. This regulation establishes a temporary safety zone in all 
waters of the Upper New York Bay within a 300 yard radius of the 
fireworks barges 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 (NAD 1983). The safety zone is in effect on June 30, 1995, 
from 9:45 p.m. until 11 p.m., unless extended or terminated sooner by 
the Captain of the Port, New York. This safety zone prevents vessels 
from transiting this portion of the Upper New York Bay along the 
eastern coastline of Liberty Island, New York, 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; [[Page 33120]] 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 vessel traffic on June 30, 1995, 
from 9:45 p.m. until 11 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: the safety zone is located 
within an anchorage area; the duration of the event is limited; the 
event is at a late hour; all vessel traffic may safely pass to the east 
of this safety zone; and the extensive, advance advisories that will be 
made. Accordingly, the Coast Guard expects the 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 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 M16475.1B, 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. 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 measurers, Waterways.

Final 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, 165.T01-073 is added to read as follows:


Sec. 165.T01-073  Safety Zone; Main Stay Funds Fireworks, Upper New 
York Bay, New York and New Jersey.

    (a) Location. All waters of Federal Anchorage 20C, Upper New York 
Bay, within a 300 yard radius of the fireworks barges 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 (NAD 1983).
    (b) Effective period. This section is in effect on June 30, 1995, 
from 9:45 p.m. until 11 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: June 19, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-15759 Filed 6-26-95; 8:45 am]
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