[Federal Register Volume 64, Number 87 (Thursday, May 6, 1999)]
[Rules and Regulations]
[Pages 24286-24288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11343]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165
[CGD 01-99-034]
RIN 2115-AA97


Safety Zone: Ellis Island Medals of Honor 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 Ellis Island Medals of Honor Fireworks program located north of 
Federal Anchorage 20B, 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 Anchorages 20A and 20B.

DATES: This rule is effective from 8:30 p.m. until 10 p.m., on 
Saturday, May 8, 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 (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 and for making this regulation effective less than 
30 days after Federal Register publication. Due to the date the 
Application for Approval of Marine Event was receive, there was 
insufficient time to draft and publish an NPRM and publish the final 
rule 30 days before its effective date. 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. This is also an annual event published in 33 CFR 
100.114. However, this year's display is

[[Page 24287]]

being moved from east of Liberty Island to east of Ellis Island.

Background and Purpose

    On March 3, 1999, Fireworks by Grucci submitted an application to 
hold a fireworks program on the water of Upper New York Bay between 
Federal Anchorages 20A and 20B. The fireworks program is being 
sponsored by The Forum. This regulation establishes a safety zone in 
all waters of Upper New York Bay within a 360 yard radius of the 
fireworks barge located in approximate position 40 deg.41'15'' N. 
074 deg.02'09'' W. (NAD 1993), approximately 365 yards east of Ellis 
Island. The safety zone is in effect from 8:30 p.m. until 10 p.m. on 
Saturday, May 8, 1999. There is no rain date for this event. The safety 
zone prevents vessels from transiting a portion of Federal Anchorages 
20A and 20B and is needed to protect boaters from the hazards 
associated with fireworks launched form a barge in the area. 
Recreational and commercial vessel traffic will be able to anchor in 
the unaffected northern and southern portions of Federal Anchorages 20A 
and 20B. Federal Anchorages 20C, 20D and 20E, to the south, are also 
available for vessel use. Marine traffic will still be able to transit 
through Anchorage Channel, Upper Bay, during the event as the safety 
zone only extends 150 yards into the 900-yard wide channel. The Captain 
of the Port does not anticipate any negative impact on vessel 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 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, that vessels may still transit through Anchorage 
Channel during the event, 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

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub. 
L. 104-4, 109 Stat. 48] requires Federal agencies to assess the effects 
of certain regulatory actions on State, local, and tribal governments, 
and the private sector. UMRA requires a written statement of economic 
and regulatory alternatives for rules that contain Federal mandates. A 
Federal mandate is a new or additional enforceable duty imposed on any 
State, local, or tribal government, or the private sector. If any 
Federal mandate causes those entities to spend, in the aggregate, $100 
million or more in any one year, the UMRA analysis is required. This 
Final Rule does not impose Federal mandates on any State, local, or 
tribal governments, or the private sector.

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 written 
Categorical Exclusion Determination is available in the docket for 
inspection or copying where indicated under ADDRESSES.

Other Executive Orders on the Regulatory Process

    In addition to the statutes and Executive Orders already addressed 
in this preamble, the Coast Guard considered the following executive 
orders in developing this Final rule and reached the following 
conclusions:
    E.O. 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights. This Rule will not effect a 
taking of private property or otherwise have taking implications under 
this Order.
    E.O. 12875, Enhancing the Intergovernmental Partnership. This Rule 
will not impose, on any State, local, or tribal government, a mandate 
that is not required by statute and that is not funded by the Federal 
government.
    E.O. 12988, Civil Justice Reform. This Rule meets applicable 
standards in sections 3(a) and 3(b)(2) of this Order to minimize 
litigation, eliminate ambiguity, and reduce burden.
    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks. This Rule is not an economically significant rule and 
does not concern an environmental risk to safety disproportionately 
affecting children.

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), 
6.04-6, 160.5; 49 CFR 1.46. Section 165.100 is also issued under 
authority of Sec. 311, Pub. L. 105-383.

    2. Add temporary Sec. 165.T01-034 to read as follows:


Sec. 165.T01-034  Safety Zone; Ellis Island Medals of Honor 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 360 yard radius of the fireworks 
barge in approximate position 40 deg.41'15'' N., 074 deg.02'09'' W. 
(NAD 1983), approximately 365 yards East of Ellis Island.

[[Page 24288]]

    (b) Effective period. This section is effective from 8:30 p.m. 
until 10 p.m. on Saturday, May 8, 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: April 23, 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-11343 Filed 5-5-99; 8:45 am]
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