[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Rules and Regulations]
[Pages 45948-45949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23223]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-113]
[RIN 2115-AA97


Safety Zone: Kennedy 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 Kennedy 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 9 p.m. until 10:30 p.m. on Friday, 
September 11, 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 July 21, 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 James Kennedy, Jr. 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 9 p.m. until 10:30 p.m. on Friday, September 11, 1998. 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 portion 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. 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 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 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

[[Page 45949]]

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 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 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 reason 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.T01-113 to read as follows:


Sec. 165.T01-113  Safety Zone: Kennedy 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 9 p.m. until 
10:30 p.m. on Friday, September 11, 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. 98-23223 Filed 8-27-98; 8:45 am]
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