[Federal Register Volume 64, Number 35 (Tuesday, February 23, 1999)]
[Rules and Regulations]
[Pages 8722-8723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4433]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-004]
RIN 2115-AA97


Safety Zone: Scharfman Batmitzvah Fireworks, East River, Newtown 
Creek, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Scharfman Batmitzvah Fireworks program located on the East River, 
Newtown Creek, New York. 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 on a portion of the East River.

DATES: This rule is effective from 10:15 p.m. until 11:45 p.m., on 
Saturday, April 10, 1999. There is no rain date for this event.

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) 354-4193.

FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York, at (718) 354-
4193.

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 in the Federal Register. Due to the date the 
Application for Approval of Marine Event 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 January 18, 1999, Bay Fireworks submitted an application to hold 
a fireworks program on the waters of the East River. The fireworks 
program is being sponsored by Shiela Scharfman. This regulation 
establishes a safety zone in those waters of the East River within a 
250-yard radius of the fireworks barge located in approximate position 
40 deg.44'24''N 073 deg.57'57''W (NAD 1983), approximately 300 yards 
from shore near Newton Creek, New York. The safety zone is in effect 
from 10:15 p.m. until 11:45 p.m. on Saturday, April 10, 1999. There is 
no rain date for this event. The safety zone prevents vessels from 
transiting a portion of the East River and is 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 the western 
350 yards of the 900-yard-wide East River during the event. The Captain 
of the Port does not anticipate any negative impact on commercial and 
recreational traffic due to this event. Public notifications will be 
made prior to the event via 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 minimal 
time that vessels will be restricted from the area, that vessels may 
safely transit to the west 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 implications for federalism to 
warrant the preparation of a Federalism Assessment.

Unfunded Mandates

    Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the 
Coast Guard must consider whether this rule will result in an annual 
expenditure by state, local, and tribal governments, in the aggregate 
of $100 million (adjusted annually for inflation). If so, the Act 
requires that a reasonable number of regulatory alternatives be 
considered, and that, from those alternatives, the least costly, most 
cost-effective, or least burdensome alternative that achieves the 
objective of the rule be selected. No state, local, or tribal 
government entities will be affected by this rule, so this rule will 
not result in annual or aggregate costs of $100 million or more. 
Therefore, the Coast Guard is exempt from any further regulatory 
requirements under the Unfunded Mandates Act.

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

[[Page 8723]]

Instruction M16475.1C, this final rule is categorically excluded from 
further environmental documentation. A written 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.T01-004 to read as follows:


Sec. 165.T01-004  Safety Zone: Scharfman Batmitzvah Fireworks, East 
River, Newtown Creek, New York

    (a) Location. The following area is a safety zone: those waters of 
the East River within a 250-yard radius of the fireworks barge in 
approximate position 40 deg.44'24''N 073 deg.57'57''W (NAD 1983), 
approximately 300 yards from shore near Newtown Creek, New York.
    (b) Effective period. This section is effective from 10:15 p.m. 
until 11:45 p.m. on Saturday, April 10, 1999. There is no rain date for 
this event.
    (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: February 8, 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-4433 Filed 2-22-99; 8:45 am]
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