[Federal Register Volume 64, Number 158 (Tuesday, August 17, 1999)]
[Rules and Regulations]
[Pages 44658-44659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21269]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-135]
RIN 2115-AA97


Safety Zone Port of New York/New Jersey Annual Marine Events

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is removing a number of Safety Zone 
regulations for annual fireworks displays. This action is necessary to 
update the current regulations for Safety Zones. This action is 
intended to remove regulations for events that are now covered by other 
regulations.

DATES: This rule is effective August 17, 1999.

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. These procedures are 
unnecessary because this regulation is strictly administrative in 
nature. This final rule merely removes obsolete sections in 33 CFR part 
165. The safety zones being removed have gone through notice and 
comment rulemaking and are included in the First Coast Guard District 
Fireworks list in 33 CFR 100.114.

Background and Purpose

    One June 28, 1999, the First Coast Guard District published a Final 
rule in the Federal Register (64 FR 34543) updating the regulations for 
Fireworks displays within the First Coast Guard District (33 CFR 
100.114). The following regulations for fireworks displays from 33 CFR 
part 165 were added to the list in Sec. 100.114 and are no longer 
required in part 165:
    1. Sec. 165.161 Safety Zone; Annual ``Fireworks on the Navesink'' 
Fireworks Display Navesink River, Red Bank, New Jersey.
    2. Sec. 165.166 Safety Zone; Annual Burlington Independence Day 
Celebration Fireworks Display, Burlington Bay, Vermont.
    3. Sec. 165.167 Safety Zone; Annual Rensselaer Festival Fireworks 
Display, Hudson River, New York.
    4. Sec. 165.170 Safety Zone; Heritage of Pride Fireworks Display, 
Hudson River, New York.

[[Page 44659]]

    5. Sec. 165.174 Safety Zone; Annual South Street Seaport New Year's 
Eve Fireworks Display, East River, New York.
    6. Sec. 165.175 Safety Zone; Annual South Street Seaport Memorial 
Day Fireworks Display, East River, New York.
    7. Sec. 165.178 Safety Zone; Annual North Hempstead Memorial Day 
Fireworks Display, Hempstead Harbor, New York.

Regulatory Evaluation

    This final rule is not a significant regulatory action under 
section (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 fact that this regulation is 
strictly administrative in nature and that the regulations have gone 
through notice and comment rulemaking while being added to the list of 
First Coast Guard District fireworks displays in 33 CFR 100.114.

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. 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, 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 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 Coat 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, 160.5; 49 CFR 1.46.


Sec. 165.161  [Removed]

    2. Remove Sec. 165.161.


Sec. 165.166  [Removed]

    3. Remove Sec. 165.166.


Sec. 165.167  [Removed]

    4. Remove Sec. 165.167.


Sec. 165.170  [Removed]

    5. Remove Sec. 165.170


Sec. 165.174  [Removed]

    6. Remove Sec. 165.174.


Sec. 165.175  [Removed]

    7. Remove Sec. 165.175.


Sec. 165.178  [Removed]

    8. Remove Sec. 165.178.

    Dated: August 6, 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-21269 Filed 8-16-99; 8:45 am]
BILLING CODE 4910-15-M