[Federal Register Volume 66, Number 72 (Friday, April 13, 2001)]
[Rules and Regulations]
[Pages 19092-19094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9178]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-015]
RIN 2115-AA97


Safety Zone: Queens Millennium Concert Fireworks, East River, 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 Queens Millennium Concert Fireworks on the East River. 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 9 p.m. (e.s.t.) until 10:30 p.m. 
(e.s.t.) on May 19, 2001.

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 (CGD01-01-015) and are available for inspection or 
copying at room 204, Coast Guard Activities New York, Waterways 
Oversight Branch, 212 Coast Guard Drive, Staten Island, New York, 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

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

SUPPLEMENTARY INFORMATION:   

Regulatory Information

    On March 2, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone: Queens Millennium Concert Fireworks, East 
River, NY in the Federal Register (66 FR 13032). We received no letters 
commenting on the proposed rule. No public hearing was requested, and 
none was held.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone for the 
Queens Millennium Concert Fireworks on the East River. The safety zone 
encompasses all waters of the East River, within a 180-yard radius of 
the fireworks barge in approximate position 40 deg.44'43.3" N 
073 deg.57'43.2" W, about 240 yards east of Belmont Island.
    The safety zone is effective from 9 p.m. (e.s.t.) until 10:30 p.m. 
(e.s.t.) on May 19, 2001. The safety zone prevents vessels from 
transiting a portion of the East River. It 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 to the west of 
Belmont Island through the western 340 yards of the East River. 
Additionally, vessels will not be precluded from mooring at or getting 
underway from recreational or commercial piers in the vicinity of the 
zone. No vessel may enter the safety zone without permission from the 
Captain of the Port, New York.
    This safety zone covers the minimum area needed and imposes the 
minimum restrictions necessary to ensure the protection of all vessels. 
Public notifications will be made prior to the event via the Local 
Notice to Mariners and Marine Information Broadcasts.

[[Page 19093]]

Discussion of Comments and Changes

    The Coast Guard received no letters commenting on the proposed 
rulemaking. No changes were made to this rulemaking.

Regulatory Evaluation

    This 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. The 
Office of Management and Budget has not reviewed it 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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary.
    This safety zone will temporarily close a portion of the East River 
to vessel traffic; however, the impact of this regulation is expected 
to be minimal for the following reasons: the limited duration of the 
event; that vessels are not precluded from getting underway, or mooring 
at, public or private facilities in the vicinity of the event; the 
advance advisories that will be made to the maritime community; and 
marine traffic may still transit to the west of the zone during the 
event.
    The size of this safety zone was determined using National Fire 
Protection Association and New York City Fire Department standards for 
6 inch 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. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises 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 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which might 
be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of the East River during the time this 
zone is activated.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: the 
limited duration of the event; that vessels are not precluded from 
getting underway, or mooring at, public or private facilities in the 
vicinity of the event; the advance advisories that will be made to the 
maritime community; and marine traffic may still transit to the west of 
the zone during the event.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments. A 
rule with tribal implications has a substantial direct effect on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraph 34(g), of Commandant Instruction 
M16475.1C, this 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 where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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.T01-015 to read as follows:


Sec. 165.T01-015  Safety Zone: Queens Millennium Concert Fireworks, 
East River, NY.

    (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.44'43.3" N 073 deg.57'43.2" W (NAD 1983), 
about 240 yards east of Belmont Island.
    (b) Effective period. This section is effective from 9 p.m. 
(e.s.t.) until 10:30 p.m. (e.s.t.) on May 19, 2001.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) No vessels will be allowed to transit the safety zone without 
the

[[Page 19094]]

permission of the Captain of the Port, New York.
    (3) 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: April 5, 2001.
P.A. Harris,
Captain, U. S. Coast Guard Captain of the Port, New York, Acting.
[FR Doc. 01-9178 Filed 4-12-01; 8:45 am]
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