[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Rules and Regulations]
[Pages 30143-30144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14704]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-009]
RIN 2121-AA97


Safety Zone; Coney Island Air Show Days, Coney Island Channel, 
Brooklyn, New York

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
vicinity of Coney Island Channel for the Coney Island Air Show Days. 
The safety zone is in effect from 10:30 a.m. until 2:00 p.m. on June 5, 
6, and 7, 1998. This action is necessary to provide for the safety of 
life on navigable waters during the event. It is intended to restrict 
vessel traffic approximately \1/2\ mile from the beach at Coney Island, 
NY.

DATES: This rule is effective from 10:30 a.m. until 2:00 p.m. on June 
5, 6, and 7, 1998.

ADDRESSES: Comments may be mailed to Commander (wob) (CGD01-98-009), 
Coast Guard Activities New York, 212 Coast Guard Drive, Staten Island, 
New York 10305-5005, or deliver them to room 205 at the same address 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.
    The Waterways Oversight Branch of Coast Guard Activities New York 
maintains the public docket for this rulemaking. Comments, and 
documents as indicated in this preamble, will become part of this 
docket and will be available for inspection or copying in room 205 at 
the same address between 8 a.m. and 3 p.m., Monday through Friday, 
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) A. 
Kenneally, Waterways Oversight Branch, Coast Guard Activities New York, 
at (718) 354-4195.

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 this 
application was received, there was insufficient time to draft and 
publish an NPRM. Any delay encountered in this regulation's effective 
date would be contrary to public interest. Immediate action is needed 
to close a portion of the waterway and protect the maritime public from 
the hazards associated with this airshow, which is intended for public 
entertainment.

Background and Purpose

    Astroland Amusement Park has submitted an Application for Approval 
of Marine Event to hold the Coney Island Air Show Days over the waters 
in the vicinity of Coney Island Channel. This regulation establishes a 
safety zone, rectangular in shape; the borders of which are marked by 
buoys in the following positions:


Latitude                             Longitude                          
                                                                        
40 deg. 34.03' N                     073 deg. 59.81' W, then south to   
40 deg. 33.69' N                     073 deg. 59.75' W, then east to    
40 deg. 33.94' N                     073 deg. 57.19' W, then north to   
40 deg. 34.30' N                     073 deg. 57.25' W, then west to the
                                      starting point.                   
                                                                        


The safety zone is in effect from 10:30 a.m. until 2 p.m. June 5, 6, 
and 7, 1998. The safety zone prevents vessels from transiting an area 
adjacent to Coney Island. This safety zone is needed to provide 
unobstructed flight lines for the U.S. Navy Blue Angels Jet 
Demonstration Team and to protect mariners from the hazards associated 
with military aircraft flying high speed maneuvers at low altitudes. No 
more than 100 spectator crafts are expected for the event.

Regulatory Evaluation

    This final rule 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 not been reviewed 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 final rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. This finding is based on the 
following: pleasure craft desiring to view the event will be able to do 
so outside the safety zone; commercial and recreational vessels 
navigating Coney Island Channel can alter their route south of the 
affected area; the minimal time that vessels will be restricted from 
the zone, and the extensive advance notifications which will be made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    For the reasons discussed in the Regulatory Evaluation section 
above, the Coast Guard certifies under section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this rule will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

    This final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612, and has determined 
that this final rule does not have sufficient implications for 
federalism to warrant the preparation of a Federalism Assessment.

[[Page 30144]]

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under Figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1C, this final rule is categorically excluded from 
further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

Regulation

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. Add temporary section 165.T01-009 to read as follows:


Sec. 165.T01-009  Safety Zone; Coney Island Air Show Days, Brooklyn, 
New York.

    (a) Location. The following area is a safety zone: all waters in 
the vicinity of Coney Island Channel, approximately \1/2\ mile from 
shore; rectangular in shape, the corners of which are marked by buoys 
in the following positions:


Latitude                             Longitude                          
40 deg. 34.03' N                     073 deg. 59.81' W, then south to   
40 deg. 33.69' N                     073 deg. 59.75' W, then east to    
40 deg. 34.94' N                     073 deg. 57.19' W, then north to   
40 deg. 34.30' N                     073 deg. 57.25' W, then west to the
                                      starting point.                   
                                                                        


    (b) Effective period. This section is in effect from 10:30 a.m. 
until 2 p.m. on June 5, 6, and 7, 1998.
    (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 7, 1998.
Richard C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 98-14704 Filed 6-2-98; 8:45 am]
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