[Federal Register Volume 65, Number 111 (Thursday, June 8, 2000)]
[Rules and Regulations]
[Pages 36338-36340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14508]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-137]
RIN 2115-AA97


Safety Zone: Fireworks Display, New York Harbor, Ellis 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 New York Harbor. 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 New 
York Harbor.

DATES: This rule is effective from 8 p.m. (e.s.t.) until 9:30 p.m. 
(e.s.t.) on June 28, 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 (CGD01-00-137) and are available for inspection or 
copying at Coast Guard Activities New York, 212 Coast Guard Drive, room 
204, 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.

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 date the Application for Approval of 
Marine Event was received, there was insufficient time to draft and 
publish an NPRM. Further, it is a local event with minimal impact on 
the waterway, vessels may still transit through New York Harbor during 
the event, the zone is only in affect for 1\1/2\ hours and vessels can 
be given

[[Page 36339]]

permission to transit the zone except for about 45 minutes during this 
time. 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.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. This is due to the following 
reasons: it is a local event with minimal impact on the waterway, 
vessels may still transit through New York Harbor 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. Vessel traffic will still be able to transit through Anchorage 
Channel as it is unaffected by this zone. Vessels will still be able to 
anchor in Federal Anchorage No. 20-B, to the north, and 20-C, to the 
south. Additionally, vessels will 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 New York Harbor. This regulation establishes a 
safety zone in all waters of New York Harbor within a 180-yard radius 
of the fireworks barge in approximate position 40 deg.41'40.3"N, 
074 deg.02'33.5"W (NAD 1983), about 235 yards south of Ellis Island. 
The safety zone is in effect from 8 p.m. (e.s.t.) until 9:30 p.m. 
(e.s.t.) on Wednesday, June 28, 2000. There is no rain date for this 
event. The safety zone prevents vessels from transiting a portion of 
New York Harbor 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 still be able to 
transit through Anchorage Channel as it is unaffected by this zone. 
Additionally, vessels will still be able to anchor in Federal Anchorage 
No. 20-B, to the north, and 20-C, to the south. 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.

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 New York Harbor during the event, that vessels 
may still anchor in Federal Anchorage No. 20-B, to the north, and 20-C, 
to the south, that vessels will not be precluded from mooring at or 
getting underway from commercial or recreational piers in the vicinity 
of the zone, 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 
6'' mortars fired from a barge 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.T01-137 to read as follows:


Sec. 165.T01-137  Safety Zone: Fireworks Display, New York Harbor, 
Ellis Island.

    (a) Location. The following area is a safety zone: All waters of 
New York Harbor within a 180-yard radius of the fireworks barge in 
approximate position 40 deg.41'40.3'' N 074 deg.02'33.5'' W (NAD 1983), 
about 235 yards south of Ellis Island.
    (b) Effective period. This section is effective from 8 p.m. 
(e.s.t.) until 9:30 p.m. (e.s.t.) on June 28, 2000. There is no rain 
date for this event.

[[Page 36340]]

    (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 30, 2000.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 00-14508 Filed 6-7-00; 8:45 am]
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