[Federal Register Volume 63, Number 152 (Friday, August 7, 1998)] [Rules and Regulations] [Pages 42233-42235] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-21187] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 165 [CGD01-98-102] RIN 2115-AA97 Safety Zone: Staten Island Fireworks, New York Harbor, Lower Bay AGENCY: Coast Guard, DOT. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for the Staten Island fireworks programs located in New York Harbor, Lower 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 Lower Bay, New York Harbor. DATES: This rule is effective July 21, 1998 through September 13, 1998. Compliance is required from 8:45 p.m. until 10:15 p.m. on the following dates: July 21, 1998; August 4, 1998; August 11, 1998; August 25, 1998; and September 12, 1998. If inclement weather causes cancellation of the fireworks display on September 12, [[Page 42234]] 1998, then compliance is also required from 8:45 p.m. until 10:15 p.m. on September 13, 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 Federal Register publication. Due to the date this application was received, there was insufficient time to draft and publish an NPRM. Any delay encountered in this regulation's effective date would be contrary to public interest since immediate action is needed to close a portion of the waterway and protect the maritime public from the hazards associated with these fireworks displays. Background and Purpose The Borough of Staten Island has submitted an Application for Approval of Marine Event to hold five fireworks programs on the waters of New York Harbor, Lower Bay. This regulation establishes five safety zones in all waters of New York Harbor, Lower Bay within a 275 yards radius of a fireworks barge located in approximate position 40 deg.35'11''N 074 deg.03'42''W (NAD 1983), approximately 350 yards east of South Beach, Staten Island, New York. The safety zones will be enforced from 8:45 p.m. until 10:15 p.m. for the following five fireworks displays: Tuesday, July 21, 1998; Tuesday, August 4, 1998; Tuesday, August 11, 1998; Tuesday, August 25, 1998; and Saturday, September 12, 1998, with a rain date of Sunday, September 13, 1998, at the same time and place. The safety zones prevent vessels from transiting a portion of New York Harbor, Lower Bay and are 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 New York Harbor, Lower Bay during the events. Public notifications will be made prior to the events 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 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 limited marine traffic in the area, the zones will not interfere with any shipping channels in the Port of New York/New Jersey, recreational traffic will still be able to transit the area in the vicinity of the display, the minimal time that vessels will be restricted from the zones, and 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 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; 49 CFR 1.46. 2. Add temporary 165.T01-102 to read as follows: Section 165.T01-102 Safety Zone: Staten Island Fireworks, New York Harbor, Lower Bay. (a) Location. The following area is a safety zone: all waters of New York Harbor, Lower Bay within a 275 yard radius of the fireworks barge in approximate position 40 deg.35'11''N 074 deg.03'42''W (NAD 1983), approximately 350 yards east of South Beach, Staten Island, New York. (b) Effective period. This safety zone is effective from July 21, 1998 through September 13, 1998. Compliance is required from 8:45 p.m. until 10:15 p.m. on the following dates: July 21, 1998; August 4, 1998; August 11, 1998; August 25, 1998; and September 12, 1998. If inclement weather causes cancellation of the fireworks display on September 12, 1998, then compliance is also required from 8:45 p.m. until 10:15 p.m. on September 13, 1998. (c) Regulations. (1) The general regulations contained in 33 C.F.R. 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 [[Page 42235]] other means, the operator of a vessel shall proceed as directed. Dated: July 17, 1998. R.E. Bennis, Captain, U.S. Coast Guard, Captain of the Port, New York. [FR Doc. 98-21187 Filed 8-6-98; 8:45 am] BILLING CODE 4910-15-M