[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]

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