[Federal Register Volume 65, Number 149 (Wednesday, August 2, 2000)]
[Rules and Regulations]
[Pages 47321-47322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19485]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-184]
RIN 2115-AA97


Safety Zone: Fireworks Display, Peekskill Bay, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
fireworks display located on Peekskill 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 
Peekskill Bay.

DATES: This rule is effective from 8:30 p.m. (e.s.t.), until 10 p.m. 
(e.s.t.) on August 6, 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 (CGD01-00-184) 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 for the event. Further, it is a local, community 
supported event with minimal impact on the waterway, vessels may still 
transit through Peekskill Bay Channel during the display, and the zone 
is only in effect for 1\1/2\ hours and vessels can be given permission 
to transit the zone except for about 20 minutes during this time. Any 
delay encountered in this regulation's effective date would be 
unnecessary and contrary to public interest since immediate action is 
needed to close the waterways 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 an annual event with local community support, it is a 
local event with minimal impact on the waterway, the zone is only in 
effect for 1\1/2\ hours and vessels can be given permission to transit 
the zone except for about 20 minutes during this time, and marine 
traffic will be able to transit through Peekskill Bay Channel during 
the display. Finally, this rule creates a safety zone that will only be 
enforced if the annual event, scheduled for Saturday, August 5, 2000, 
is cancelled due to inclement weather.

Background and Purpose

    The Coast Guard has received an application to hold a fireworks 
program on the waters of Peekskill Bay. This regulation establishes a 
safety zone in all waters of Peekskill Bay within a 360-yard radius of 
the fireworks barge in approximate position 41 deg.17'16" N 
073 deg.56'18" W (NAD 1983), about 500 yards northeast of Peekskill Bay 
South Channel Buoy 3 (LLNR 37955). The safety zone is in effect from 
8:30 p.m. (e.s.t.) until 10 p.m. (e.s.t.) on Sunday, August 6, 2000. 
This is an annual event regulated by 33 CFR 100.114 for the first 
Saturday in August. This rule is for the rain date of August 6, 2000, 
which is not addressed in the current regulation. This safety zone will 
not be enforced on Sunday, August 6, if the fireworks display is held 
on Saturday, August 5, 2000. The safety zone prevents vessels from 
transiting a portion of Peekskill Bay and is needed to protect boaters 
from the hazards associated with fireworks launched from a barge in the 
area. Marine traffic will still be able to transit through Peekskill 
Bay Channel 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. 
Furthermore, marine traffic will not be precluded from mooring at, or 
getting underway from, any piers in the vicinity of this event.

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 Peekskill Bay Channel during the fireworks 
display, and advance notifications which will be made. Additionally, 
this is an annual event with local community support.
    The size of this safety zone was determined using National Fire 
Protection Association and New York City Fire Department standards for 
12'' 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.
    The Coast Guard certifies under section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this 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

[[Page 47322]]

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.T01-184 to read as follows:


Sec. 165.T01-184  Safety Zone: Fireworks Display, Peekskill Bay, NY.

    (a) Location. The following area is a safety zone: All waters of 
Peekskill Bay within a 360-yard radius of the fireworks barge in 
approximate position 41 deg.17'16" N 073 deg.56'18" W (NAD 1983), about 
500 yards northeast of Peekskill Bay South Channel Buoy 3 (LLNR 37955).
    (b) Effective period. This section is effective from 8:30 p.m. 
(e.s.t.) until 10 p.m. (e.s.t.) on Sunday, August 6, 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: July 24, 2000.
R. E. Bennis,
Captain, U. S. Coast Guard, Captain of the Port, New York.
[FR Doc. 00-19485 Filed 8-1-00; 8:45 am]
BILLING CODE 4910-15-U