[Federal Register Volume 63, Number 181 (Friday, September 18, 1998)] [Rules and Regulations] [Pages 49822-49823] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-25051] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 165 [CGD01-98-144] RIN 2115-AA97 Safety Zone: World Yacht Cruises Fireworks, New York Harbor, Upper Bay AGENCY: Coast Guard, DOT. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for the World Yacht Cruises Fireworks program located in Federal Anchorage 20C, New York Harbor, Upper 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 on a portion of Federal Anchorage 20C. DATES: This rule is effective from 9:30 p.m. until 10:45 p.m. on Saturday, September 19, 1998. 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) 354-4195. FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) A. Kenneally, Waterways Oversight Branch, Coast Guard Activities New York, at (718) 354-4195. 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 and for making this regulation effective less than 30 days after Federl Register publication. Due to the date the Application for Approval of Marine Event was received, there was insufficient time to draft and publish an NPRM. Any delay encountered in this regulation's effective date would be [[Page 49823]] contrary to public interest sine immediate action is needed to close a portion of the waterway and protect the maritime public from the hazards associated with this fireworks display. Background and Purpose On August 31, 1998, Fireworks by Grucci submitted an applicant to hold a fireworks program on the waters of Upper New York Bay in Federal Anchorage 20C. The fireworks program is being sponsored by Hoboken Floors. This regulation established a safety zone in all waters of Upper New York Bay within a 360 yard radius of the fireworks barge approximate position 40-41-22N 074-02-22W (NAD 1983), approximately 360 yards northeast of Liberty Island, New York. The safety zone is in effect from 9:30 p.m. until 10:45 p.m. on Saturday, September 19, 1998. There is no rain date for this event. The safety zone prevents vessels from transiting a portion of Federal Anchorage 20C 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 anchor in the unaffected northern and southern portions of Federal Anchorage 20C. Federal Anchorages 20A and 20B, to the north, and Federal Anchorages 20D and 20E, the south, are also available for vessel use. Marine traffic will still be able to transit through Anchorage Channel, Upper Bay, during the event as the safety zone only extends 125 yards into the 925-yard wide channel. Public notifications will be made prior to the event via the Local Notice to Mariners and marine information broadcasts. 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 or 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 limited marine traffic in the area, the minimal time that vessels will be restricted from the zone, that vessels may safely anchor to the north and south of the zone, that vessels may still transit through Anchorage Channel 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 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 12612 and has determined that this final rule does not have sufficient implications for federalism to warrant the preparation of a Federalism Assessment. Environment The Coast Guard has 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 1.05-1(g) 6.04-1, 6.04-6, and 160.5; 49 CFR 1.46. 2. Add temporary Sec. 165.T01-144 to read as follows: Sec. 165.T01-144 Safety Zone: World Yacht Cruises Fireworks, New York Harbor, Upper Bay. (a) Location. The following area is a safety zone: all waters of New York Harbor, Upper Bay within a 360 yard radius of the fireworks barge in approximate position 40-41-22N 074-02-22W (NAD 1983), approximately 360 yards northeast of Liberty Island, New York. (b) Effective period. This section is effective from 9:30 p.m. until 10:45 p.m. on Saturday, September 19, 1998. 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. U.S. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. Dated: September 10, 1998. R.E. Bennis, Captain, U.S. Coast Guard, Captain of the Port, New York. [FR Doc. 98-25051 Filed 9-17-98; 8:45 am] BILLING CODE 4910-15-M