[Federal Register Volume 64, Number 166 (Friday, August 27, 1999)]
[Rules and Regulations]
[Pages 46848-46849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22333]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-094]
RIN 2115-AA97


Safety Zone: Staten Island Fireworks, Lower New York Bay and 
Raritan Bay

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones for 
Staten Island fireworks displays located on Lower New York Bay and 
Raritan Bay. This action is necessary to provide for the safety of life 
on navigable waters during the events. This action is intended to 
restrict vessel traffic in a portion of Lower New York Bay and Raritan 
Bay.

DATES: This temporary final rule is effective from 8:30 p.m. on August 
28, 1999, until 10 p.m. September 5, 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

    On July 7, 1999, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Safety Zone: Staten Island Fireworks, Lower 
New York Bay and Raritan Bay in the Federal Register (64 FR 36633). The 
Coast Guard received no letters commenting on the proposed rulemaking. 
No public hearing was requested, and none was held.
    Good cause exists 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 received, there was 
insufficient time to promulgate a NPRM and a temporary final rule that 
would be effective at least 30 days after it was published. The Coast 
Guard published an NPRM with a 45-day comment period, but this did not 
leave sufficient time to publish the temporary 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 prevent traffic from transiting a portion of Lower 
New York and Raritan Bays, and provide for the safety of life on 
navigable waters.

Background and Purpose

    The fireworks programs are being sponsored by the Borough of Staten 
Island. This temporary final rule establishes two temporary safety 
zones. First, in all waters of Lower New York Bay within a 360-yard 
radius of the fireworks barge located in approximate position 
40 deg.35'11'' N, 074 deg.03'42'' W (NAD 1983), about 350 yards east of 
South Beach, Staten Island. The safety zone is in effect from 8:30 p.m. 
until 10 p.m. on August 28, 1999. The rain date for this event is 
August 29, 1999, at the same time and place. Second, in all waters of 
Raritan Bay in the vicinity of the Raritan River Cutoff and Ward Point 
Bend (West) within a 240-yard radius of the fireworks barge in 
approximate position 40 deg.30'04'' N, 074 deg.15'35'' W (NAD 1983), 
about 240 yards east of Raritan River Cutoff Channel Buoy 2 (LLNR 
36595). The temporary safety zone is in effect from 8:30 p.m. until 10 
p.m. on September 4, 1999. The rain date of this event is September 5, 
1999, at the same time and place. The temporary safety zones prevent 
vessels from transiting a portion of Lower New York Bay and Raritan Bay 
in the vicinity of the Raritan River Cutoff, Ward Point Bend (West). 
The temporary safety zones are needed to protect boaters from the 
hazards associated with fireworks launched from two barges in the area. 
Marine traffic will still be able to transit through Lower New York Bay 
during the event off South Beach on August 28, 1999. Marine traffic 
will still be able to transit through the eastern 140 yards of the 230-
yard wide Ward Point Bend (West) during the event on September 4, 1999. 
Traffic that cannot transit through the closed Raritan River Cutoff may 
transit through Ward Point Bend (West) by using South Amboy Reach, 
Great Beds Reach, Ward Point Secondary Channel, and Ward Point Bend 
(East). Additionally, vessels are not precluded from mooring at or 
getting underway from any marinas or piers at Perth Amboy, New Jersey 
during the display in the Raritan River Cutoff. Public notifications 
will be made before the event by the Local Notice to Mariners and 
marine information broadcasts. The Coast Guard limited the comment 
period for this NPRM to 45 days because the temporary safety zones are 
only for one and a half hour long local events.

Discussion of Comments and Changes

    The Coast Guard received no letters commenting on the proposed 
rulemaking. No changes were made to the proposed rule.

Regulatory Evaluation

    This temporary 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 temporary 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 zone, and on the facts that vessels are not 
precluded from getting underway, or mooring at, the marinas and piers 
in Perth Amboy, New Jersey; that marine traffic will still be able to 
transit through Lower New York Bay during the display on August 28, 
1999; that marine traffic will still be able to transit to the east of 
the zone on September 4, 1999; and that advance notifications will be 
made to the local maritime community by the Local Notice to Mariners 
and marine information broadcasts.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this temporary 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 stated in the Regulatory Evaluation section above, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this temporary final 
rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This temporary 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 temporary final rule under the

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principles and criteria contained in Executive Order 12612 and has 
determined that this temporary 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 
temporary 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 
temporary final rule and concluded that under figure 2-1, paragraph 
34(g), of Commandant Instruction M16475.1C, this temporary 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 set out 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, 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T01-094 to read as follows:


Sec. 165.T01-094  Safety Zone: Staten Island Fireworks, Lower New York 
Bay and Raritan Bay.

    (a) Safety Zone A: (1) Location. All waters of Lower New York Bay 
within a 360-yard radius of the fireworks barge in approximate position 
40 deg.35'11'' N., 074 deg.03'42'' W. (NAD 1983), about 350 yards east 
of South Beach, Staten Island.
    (2) Effective period. This paragraph is effective from 8:30 p.m. 
until 10 p.m. on August 28, 1999. If the event is canceled for 
inclement weather, then this paragraph is effective from 8:30 p.m. 
until 10 p.m. on August 29, 1999.
    (b) Safety Zone B: (1) Location. All waters of Raritan Bay in the 
vicinity of the Raritan River Cutoff and Ward Point Bend (West) within 
a 240-yard radius of the fireworks barge in approximate position 
40 deg.30'04'' N., 074 deg.15'35'' W. (NAD 1983), about 240 yards east 
of Raritan River Cutoff Channel Buoy 2 (LLNR 36595).
    (2) Effective period. This paragraph is effective from 8:30 p.m. 
until 10 p.m. on September 4, 1999. If the event is canceled for 
inclement weather, then this paragraph is effective from 8:30 p.m. 
until 10 p.m. on September 5, 1999.
    (c) Effective period. This section is effective from 8:30 p.m. on 
August 28, 1999, until 10 p.m. September 5, 1999.
    (d) 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.

    Dated: August 23 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-22333 Filed 8-26-99; 8:45 am]
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