[Federal Register Volume 64, Number 187 (Tuesday, September 28, 1999)]
[Rules and Regulations]
[Pages 52232-52233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25227]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-163]
RIN 2115-AA97
Safety Zone: Wedding on the Lady Windridge 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 Wedding on the Lady Windridge 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 8 p.m. until 9:30 p.m., on Sunday,
October 3, 1999. For rain dates, refer to the regulatory text set out
in this rule.
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
regulations 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
Fireworks by Grucci Inc. has 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 Eye Patch
Productions. 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 8 p.m. until 9:30 p.m. on Sunday, October 3,
1999. The rain date for this event is Monday, October 4, 1999, at the
same time and place. 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
[[Page 52233]]
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.
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. 165.T01-163 to read as follows:
Sec. 165.T01-163 Safety Zone: Wedding on the Lady Windridge 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 160-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 8 p.m. until
9:30 p.m. on Sunday, October 3, 1999. If the event is canceled due to
inclement weather, then this section is effective from 8 p.m. until
9:30 p.m. on Monday, October 4, 1999.
(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 16, 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-25227 Filed 9-27-99; 8:45 am]
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