[Federal Register Volume 63, Number 113 (Friday, June 12, 1998)]
[Rules and Regulations]
[Pages 32124-32125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15718]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-050]
RIN 2115-AA97


Safety Zone: Peekskill Summerfest 98 Fireworks, Peekskill Bay, 
Hudson River, New York

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Peekskill Summerfest 98 fireworks program located on Peekskill Bay, 
Hudson River, New York. The safety zone is in effect from 8:30 p.m. 
until 10 p.m. on Saturday, June 20, 1998, with a rain date of Sunday, 
June 21, 1998, at the same time and place. This action is necessary to 
provide for the safety of life on navigable waters during the event. 
This action is intended to restrict vessel traffic in a portion of 
Peekskill Bay.

DATES: This rule is effective from 8:30 p.m. until 10 p.m. on Saturday, 
June 20,

[[Page 32125]]

1998, with a rain date of Sunday, June 21, 1998, at the same time and 
place.

ADDRESSES: The public docket is available for inspection and copying at 
the Waterways Oversight Branch (CGD01-98-050), Coast Guard Activities 
New York, 212 Coast Guard Drive, Staten Island, New York 10305, in room 
205 between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays. The telephone number is (718) 354-4195.

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 since immediate action is 
needed to close a portion of the waterway and protect the maritime 
public from the hazards associated with this fireworks display, which 
is intended for public entertainment.

Background and Purpose

    Fireworks by Grucci has submitted an Application for Approval of 
Marine Event to hold a fireworks program on the waters of Peekskill 
Bay, on the Hudson River, at Peekskill, New York. The fireworks program 
is being sponsored by the Charles Point Business Association. This 
regulation establishes a safety zone in all waters of the Hudson River 
within a 360 yard radius of the fireworks barge located at approximate 
position 41 deg.17'16'' N, 073 deg.56'18'' W (NAD 1983), approximately 
500 yards northeast of Peeksill Bay South Channel Buoy 3 (LLNR 37955). 
The safety zone is in effect from 8:30 p.m. until 10 p.m. on Saturday, 
June 20, 1998, with a rain date of Sunday, June 21, 1998, at the same 
time and place. The safety zone prevents vessels from transiting this 
portion of Peekskill Bay, and it is needed to protect boaters from the 
hazards associated with fireworks launched from a barge in the area.

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 limited 
marine traffic in the area, the minimal time that vessels will be 
restricted from the zone, that Peekskill Channel will be open to marine 
traffic, and 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 
field, and governmental jurisdictions with populations of less than 
50,000.
    For reasons discussed in the Regulatory Evaluation above, the Coast 
Guard certifies under section 605(b) of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.) that this final 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.

Environment

    The Coast Guard has considered the environmental impact of this 
final 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 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. Add temporary Sec. 165.T01-050 to read as follows:


Sec. 165.T01-050  Safety Zone: Peekskill Summerfest 98 Fireworks, 
Peekskill Bay, Hudson River, New York.

    (a) Location. The following area is a safety zone: all waters of 
Peekskill Bay, on the Hudson River, within a 360-yard radius of the 
fireworks barge at approximate position 41 deg.17'16'' N, 
073 deg.56'18'' W (NAD 1983), located approximately 500 yards northeast 
of Peekskill Bay South Channel Buoy 3 (LLNR 37955).
    (b) Effective period. This section is effective from 8:30 p.m. 
until 10 p.m. on Saturday, June 20, 1998, with a rain date of Sunday, 
June 21, 1998, at the same time and place.
    (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 29, 1998.
Richard C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 98-15718 Filed 6-11-98; 8:45 am]
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