[Federal Register Volume 63, Number 152 (Friday, August 7, 1998)]
[Rules and Regulations]
[Pages 42233-42235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21187]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-102]
RIN 2115-AA97


Safety Zone: Staten Island Fireworks, New York Harbor, Lower Bay

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Staten Island fireworks programs located in New York Harbor, Lower 
Bay. 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 Lower Bay, New York Harbor.

DATES: This rule is effective July 21, 1998 through September 13, 1998. 
Compliance is required from 8:45 p.m. until 10:15 p.m. on the following 
dates: July 21, 1998; August 4, 1998; August 11, 1998; August 25, 1998; 
and September 12, 1998. If inclement weather causes cancellation of the 
fireworks display on September 12,

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1998, then compliance is also required from 8:45 p.m. until 10:15 p.m. 
on September 13, 1998.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Coast Guard Activities New York, 212 Coast 
Guard Drive, room 205, Staten Island, New York 10305, 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 these fireworks displays.

Background and Purpose

    The Borough of Staten Island has submitted an Application for 
Approval of Marine Event to hold five fireworks programs on the waters 
of New York Harbor, Lower Bay. This regulation establishes five safety 
zones in all waters of New York Harbor, Lower Bay within a 275 yards 
radius of a fireworks barge located in approximate position 
40 deg.35'11''N 074 deg.03'42''W (NAD 1983), approximately 350 yards 
east of South Beach, Staten Island, New York. The safety zones will be 
enforced from 8:45 p.m. until 10:15 p.m. for the following five 
fireworks displays: Tuesday, July 21, 1998; Tuesday, August 4, 1998; 
Tuesday, August 11, 1998; Tuesday, August 25, 1998; and Saturday, 
September 12, 1998, with a rain date of Sunday, September 13, 1998, at 
the same time and place. The safety zones prevent vessels from 
transiting a portion of New York Harbor, Lower Bay and are needed to 
protect boaters from the hazards associated with fireworks launched 
from a barge in the area. Marine traffic will still be able to transit 
through New York Harbor, Lower Bay during the events. Public 
notifications will be made prior to the events via the Local Notice to 
Mariners and marine information broadcasts.

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 zones will not interfere with any 
shipping channels in the Port of New York/New Jersey, recreational 
traffic will still be able to transit the area in the vicinity of the 
display, the minimal time that vessels will be restricted from the 
zones, and 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 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 165.T01-102 to read as follows:


Section 165.T01-102  Safety Zone: Staten Island Fireworks, New York 
Harbor, Lower Bay.

    (a) Location. The following area is a safety zone: all waters of 
New York Harbor, Lower Bay within a 275 yard radius of the fireworks 
barge in approximate position 40 deg.35'11''N 074 deg.03'42''W (NAD 
1983), approximately 350 yards east of South Beach, Staten Island, New 
York.
    (b) Effective period. This safety zone is effective from July 21, 
1998 through September 13, 1998. Compliance is required from 8:45 p.m. 
until 10:15 p.m. on the following dates: July 21, 1998; August 4, 1998; 
August 11, 1998; August 25, 1998; and September 12, 1998. If inclement 
weather causes cancellation of the fireworks display on September 12, 
1998, then compliance is also required from 8:45 p.m. until 10:15 p.m. 
on September 13, 1998.
    (c) Regulations.
    (1) The general regulations contained in 33 C.F.R. 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

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other means, the operator of a vessel shall proceed as directed.

    Dated: July 17, 1998.
R.E. Bennis,
Captain, U.S. Coast Guard,
Captain of the Port, New York.
[FR Doc. 98-21187 Filed 8-6-98; 8:45 am]
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