[Federal Register Volume 64, Number 216 (Tuesday, November 9, 1999)]
[Rules and Regulations]
[Pages 61021-61022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29309]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-181]
RIN 2115-AA97


Safety Zone: Sciame Construction Fireworks, East River, 
Manhattan, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Sciame Construction Fireworks Display located in the East River, 
New York. 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 the East River.

DATES: This rule is effective from 6:30 p.m. until 8 p.m. on Thursday, 
December 9, 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 due to the date the Application for Approval of 
Marine Event was received, there was insufficient time to draft and 
publish an NPRM and still publish the final rule with more than 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. This event is 
only one and a half hours long and will have negligible impact on 
vessel traffic in the area due to the fact that vessels can travel to 
the east and west of the safety zone.

Background and Purpose

    Bay Fireworks has submitted an application to hold a fireworks 
program on the waters of the East River, New York. The fireworks 
program is being sponsored by Sciame Construction. This regulation 
establishes a safety zone in all waters of the East River within a 180-
yard radius of the fireworks barge in approximate position 
40 deg.42'08'' N 074 deg.00'06'' W (NAD 1983), approximately 250 yards 
east of Pier 14, Manhattan, New York. The safety zone is in effect from 
6:30 p.m. until 8 p.m. on Thursday, December 9, 1999. There is no rain 
date for this event. The safety zone prevents vessels from transiting a 
portion of the East River 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 transit 
through the eastern 100 yards and the western 100 yards of the 500-yard 
wide East River during the event. This safety zone precludes the 
waterway users from entering only the safety zone itself. Public 
notifications will be made prior to the event via the Local Notice to 
Mariners and marine information broadcast.

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 
still transit through the East River 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

[[Page 61022]]

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 13132 and has determined that 
this final rule does not have implications for federalism under that 
Order.

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.T01-181 to read as follows:


Sec. 165.T01-181  Safety Zone: Sciame Construction Fireworks, East 
River, Manhattan, New York.

    (a) Location. The following area is a safety zone: All waters of 
the East River within a 180-yard radius of the fireworks barge in 
approximate position 40 deg.42'08'' N 074 deg.00'06'' W (NAD 1983), 
approximately 250 yards east of Pier 14, Manhattan, New York.
    (b) Effective period. This section is effective from 6:30 p.m. 
until 8 p.m. on Thursday, December 9, 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: November 2, 1999.
R.E. Bennis,
Captain, U.S. Coast Guard Captain of the Port, New York.
[FR Doc. 99-29309 Filed 11-8-99; 8:45 am]
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