[Federal Register Volume 65, Number 106 (Thursday, June 1, 2000)]
[Rules and Regulations]
[Pages 34971-34973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13811]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-133]
RIN 2115-AA97


Safety Zone: Fireworks Display, East River, Wards Island

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
fireworks display located on 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 8:30 p.m. (e.s.t.) on June 29, 2000 
until 10 p.m. (e.s.t.) on June 30, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-00-133) and 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) 
354-4012.

[[Page 34972]]


FOR FURTHER INFORMATION CONTACT: Lieutenant M. Day, Waterways Oversight 
Branch, Coast Guard Activities New York (718) 354-4012.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(8), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Good cause exists for not 
publishing an NPRM due to the following reasons: 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 is a local event with minimal impact on the 
waterway, vessels may still transit through the East River during the 
event, the zone is only in affect for 1\1/2\ hours and vessels can be 
given permission to transit the zone except for about 45 minutes during 
this time. Additionally, vessels would not be precluded from mooring at 
or getting underway from commercial or recreational piers in the 
vicinity of the zone.

Background and Purpose

    The Coast Guard has received an application to hold a fireworks 
program on the waters of the East River, New York. This regulation 
establishes a safety zone in all waters of the East River within a 150-
yard radius of the fireworks land shoot in approximate position 
40 deg.46'55.5" N 073 deg.55'33" W (NAD 1983), about 200 yards 
northeast of the Triborough Bridge. The safety zone is in effect from 
8:30 p.m. (e.s.t.) until 10 p.m. (e.s.t.) on Thursday, June 29, 2000. 
If the event is cancelled due to inclement weather, then this section 
is effective from 8:30 p.m. (e.s.t.) until 10 p.m. (e.s.t.) on Friday, 
June 30, 2000. 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 shore in the area. 
Recreational and commercial vessel traffic will be able to transit 
through the eastern 430 feet of the 1060-foot 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.
    This event is currently regulated under 33 CFR 100.114 as an 
annually occurring event on July 1st. Due to the extensive increase of 
marine traffic in the Port of New York/New Jersey due to OPSAIL 2000 
and the International Naval Review 2000 the sponsor is changing their 
event date for this year.

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 advance 
notifications which will be made.
    The size of this safety zone was determined using National Fire 
Protection Association and New York City Fire Department standards for 
4" mortars fired from shore combined with the Coast Guard's knowledge 
of tide and current conditions in the area.

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 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. This rule fits 
paragraph 34(g) as it establishes a safety zone. 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.T01-133 to read as follows:


Sec. 165.T01-133  Safety Zone: Fireworks Display, East River, Wards 
Island.

    (a) Location. The following area is a safety zone: All waters of 
the East River within a 150-yard radius of the fireworks land shoot in 
approximate position 40 deg.46'55.5" N 073 deg.55'33" W

[[Page 34973]]

(NAD 1983), about 200 yards northeast of the Triborough Bridge.
    (b) Effective period. This section is effective from 8:30 p.m. 
(e.s.t.) until 10 p.m. (e.s.t.) on June 29, 2000. If the event is 
cancelled due to inclement weather, then this section is effective from 
8:30 p.m. (e.s.t.) until 10 p.m. (e.s.t.) on June 30, 2000.
    (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: May 22, 2000.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 00-13811 Filed 5-30-00; 12:39 pm]
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