[Federal Register Volume 64, Number 93 (Friday, May 14, 1999)]
[Rules and Regulations]
[Pages 26295-26297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12272]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-048]
RIN 2115-AA97


Safety Zone: Pepsi Gala 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 Pepsi Gala Fireworks Display located in Federal Anchorage 20C, New 
York Harbor, Upper Bay. This action is intended to restrict vessel 
traffic in a portion of Federal Anchorage 20C; it is necessary to 
provide for the safety of life on navigable waters during the event.

DATES: This rule is effective from 9:30 p.m. until 11p.m. on Saturday, 
May 15, 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, no notice of proposed rulemaking (NPRM) 
was published for this regulation. Good cause exists for not publishing 
an NPRM and for making this regulation effective less than 30 days 
after publication in the Federal Register. Because of the date

[[Page 26296]]

the Application for Approval of Marine Event was received, 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 the waterway and protect the 
maritime public from the hazards associated with this fireworks 
display.

Background and Purpose

    On April 21, 1999, Fireworks by Grucci Inc. submitted an 
application to hold a fireworks program on the waters of Upper New York 
Bay in Federal Anchorage 20C. The fireworks program is being sponsored 
by Overland Entertainment Co. This regulation establishes a safety zone 
in all waters of Upper New York Bay within a 360-yard radius of the 
fireworks barge in approximate position 40 deg.41'16.5''N 
074 deg.02'23''W (NAD 1983), about 360 yards east of Liberty Island, 
New York. The safety zone is in effect from 9:30 p.m. until 11 p.m. on 
Saturday, May 15, 1999. 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 vessels' use. Marine 
traffic will still be able to transit through Anchorage Channel, Upper 
Bay, during the event as the safety zone extends only 125 yards into 
the 925-yard wide channel. Public notifications will be made before the 
event by local Notices 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 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 rests on four facts: (1) the minimal time 
that vessels will be restricted from the zone, (2) that vessels may 
safely anchor to the north and south of the zone, (3) that vessels may 
still transit through Anchorage Channel during the event, and (4) that 
we will make extensive advance notifications.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this final 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. 601et 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 
it 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 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.

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), Reports 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. Section 165.100 is also 
issued under authority of Sec. 311, Pub. L. 105-383.

    2. Add temporary Sec. 165.T01-048 to read as follows:


Sec. 165.T01-048  Safety Zone: Pepsi Gala 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

[[Page 26297]]

radius of the fireworks barge in approximate position 40 deg.41'16.5''N 
074 deg.02'23''W (NAD 1983), about 360 yards east of Liberty Island, 
New York.
    (b) Effective period. This section is effective from 9:30 p.m. 
until 11 p.m. on Saturday, May 15, 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. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.
R.E. Bennis,
Captain, U.S. Coast Guard,Captain of the Port, New York.
[FR Doc. 99-12272 Filed 5-13-99; 8:45 am]
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