[Federal Register Volume 64, Number 176 (Monday, September 13, 1999)]
[Rules and Regulations]
[Pages 49392-49393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23717]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-152]
RIN 2115-AA97


Safety Zone: Periphonics Corp. 30th Anniversary Fireworks, New 
York Harbor, Upper Bay

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Periphonics Corp. 30th Anniversary Fireworks Display located in 
Federal Anchorage 20C, 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 Anchorage 20C.

DATES: This rule is effective from 9 p.m. until 10:30 p.m., on 
Saturday, September 25, 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 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 August 17, 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 Periphonics Corp. 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), approximately 360 yards east of Liberty Island, New York. The 
safety zone is in effect from 9 p.m. until 10:30 p.m. on Saturday, 
September 25, 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 vessel use. Marine traffic 
will still be able to transit through Anchorage Channel, Upper Bay, 
during the event as the safety zone only extends 125 yards into the 
925-yard wide channel. Public notifications will be made prior to the 
event via the 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 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 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, local, or 
tribal governments, or the private sector.

[[Page 49393]]

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.

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, 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165T.0-152 to read as follows:


Sec. 165.T01-152  Safety Zone: Periphonics Corp. 30th Anniversary 
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.41'16.5''N 074 deg.02'23''W (NAD 
1983), approximately 360 yards east of Liberty Island, New York.
    (b) Effective period. This section is effective from 9 p.m. until 
10:30 p.m. on Saturday, September 25, 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.

    Dated: September 3, 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-23717 Filed 9-10-99; 8:45 am]
BILLING CODE 4910-15-M