[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Rules and Regulations]
[Pages 45947-45948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23219]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-123]
RIN 2115-AA97


Safety Zone: Connections Unlimited Fireworks, New York Harbor, 
Upper 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 Connections Unlimited fireworks program located in Federal 
Anchorage 20C, New York Harbor, Upper 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 
Federal Anchorage 20C.

DATES: This rule is effective from 11 p.m. on Saturday, September 19, 
1998, until 12:30 a.m. on Sunday, September 20, 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 this fireworks display.

Background and Purpose

    On August 3, 1998, Bay Fireworks 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 Connections Unlimited. This regulation establishes a 
safety zone in all waters of Upper New York Bay within a 300 yard 
radius of the fireworks barge located in approximate position 
40 deg.41'24.5''N 074 deg.02'25''W (NAD 1983), approximately 300 yards 
northeast of Liberty Island, New York. The safety zone is in effect 
from 11 p.m. on Saturday, September 19, 1998, until 12:30 a.m. on 
Sunday, September 20, 1998. There is no rain date for this event. The 
safety zone prevents vessels from transiting a portion of Federal 
Anchorage 20C and is needed to protect boaters from the hazards 
associated with fireworks launched from a barge in the area. 
Recreational and commercial vessel traffic will be able to anchor in 
the unaffected northern and southern portions of Federal Anchorage 20C. 
Federal Anchorages 20A and 20B, to the north, and Federal Anchorages 
20D and 20E, to the south, are also available for vessel use. There 
will be no impact on vessels transiting the shipping channel as the 
safety zone does not extend into it. Public notifications will be made 
prior to the event 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 the 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 vessels may safely anchor to the north 
and south of the zone, 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 
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

[[Page 45948]]

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.T01-123 to read as follows:


Sec. 165.T01-123  Safety Zone: Connections Unlimited Fireworks, New 
York Harbor, Upper Bay.

    (a) Location. The following area is a safety zone: all waters of 
New York Harbor, Upper Bay within a 300 yard radius of the fireworks 
barge in approximate position 40 deg.41'24.5''N 074 deg.02'25''W (NAD 
1983), approximately 300 yards northeast of Liberty Island, New York.
    (b) Effective period. This section is effective from 11 p.m. on 
Saturday, September 19, 1998, until 12:30 a.m. on Sunday, September 20, 
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: August 13, 1998.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 98-23219 Filed 8-27-98; 8:45 am]
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