[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Rules and Regulations]
[Pages 24698-24699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12258]



-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-96-028]
RIN 2115-AA97


Safety Zone: National Ethnic Coalition of Organizations 
Fireworks, Upper New York Bay, NY and NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the National Ethnic Coalition of Organizations' fireworks program 
located in Upper New York Bay, New York and New Jersey. The safety zone 
is in effect from 10:15 p.m. until 11:30 p.m. on Sunday, May 19, 1996. 
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 effective from 10:15 p.m. until 11:30 p.m. 
on Sunday, May 19, 1996, unless extended or terminated sooner by the 
Captain of the Port, New York.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) C. Stevens, Coordination and Analysis Branch, 
Coast Guard Activities New York, at (212) 668-7906.

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 Federal Register publication. Due to the date the 
application for this event was received, there was insufficient time to 
draft and published an NPRM. Any delay encountered in this regulation's 
effective date would be contrary to public interest since immediate 
action is needed to protect the maritime public from the hazards 
associated with fireworks exploding from a barge in the waters of Upper 
New York Bay.

[[Page 24699]]

Background and Purpose

    On April 16, 1996, Fireworks by Grucci, Inc., submitted an 
Application for Approval of Marine Event to hold a fireworks program on 
the waters of Upper New York Bay in Federal Anchorage 20C. The 
fireworks program is being sponsored by the National Ethnic Coalition 
of Organizations. 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 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 fro 10:15 p.m. until 
11:30 p.m. on May 19, 1996, unless extended or terminated sooner by the 
Captain of the Port, New York. The safety zone prevents vessels from 
transiting this portion of the Upper New York Bay, adjacent to the 
eastern shoreline of Liberty Island, and is needed to project mariners 
from the hazards associated with fireworks exploding from a barge 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 off of Liberty Island, New York, in Federal 
Anchorage 20C, to vessel traffic from 10:15 p.m. until 11:30 p.m. on 
May 19, 1996, 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 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'' may include (1) small businesses and not-for-profit 
organizations that are not independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    For reasons set forth in the Regulatory Evaluation, 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 et seq.).

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 have 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. (34)(g) of 
Commandant Instruction M16475.1B (as revised by 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, 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.T01-028, is added to read as follows:


Sec. 165.T01-028  Safety Zone: National Ethnic Coalition of 
Organizations Fireworks, Upper New York Bay, New York and New Jersey.

    (a) Location. The 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, in Federal Anchorage 20C, at approximately 
40 deg.41'18'' N latitude, 074 deg.02'25'' W longitude (NAD 1983).
    (b) Effective period. This section is effective from 10:15 p.m. 
until 11:30 p.m. on May 19, 1996, 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: May 6, 1996.
T. H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 96-12258 Filed 5-15-96; 8:45 am]
BILLING CODE 4910-14-M