Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 /Rules and Regulations 30633

have determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this rule and

concluded that under Figure 2–1,

paragraph 34(h), of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 100

Marine safety; Navigation (water);

Reporting and recordkeeping

requirements; Waterways.

Final Regulation

For the reasons set out in the

preamble, the Coast Guard temporarily

amends 33 CFR part 100 as follows:

1. The authority citation for part 100

continues to read as follows:

Authority: 33 U.S.C. 1233 through 1236; 49

CFR 1.46 and 33 CFR 100.35.

2. From 3 p.m. to 8 p.m. on June 6,

1998, in § 100.101, paragraph (b) is

suspended and a new paragraph (d) is

added to read as follows:

§ 100.101 Harvard-Yale Regatta, Thames

River, New London, CT.

(d) Effective period. This section is in

effect on June 6, 1998, from 3 p.m. to 8

p.m. If the regatta is canceled due to

weather, this section will be in effect on

the following day, Sunday, June 7, 1998

from 6 a.m. to 11 a.m.

Dated: May 26, 1998.

James D. Garrison,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 98–15034 Filed 6–4–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–98–014]

RIN 2115–AA97

Safety Zone: Macy’s Fourth of July

Fireworks, East River, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Macy’s Fourth of July fireworks

program located on the East River. The

safety zone is in effect from 7:30 p.m.

until 11:30 p.m. on Saturday, July 4,

1998. 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 7:30

p.m. until 11:30 on Saturday, July 4,

1998.

ADDRESSES: Comments may be mailed to

the Waterways Oversight Branch

(CGD01–98–014), Coast Guard Activities

New York, 212 Coast Guard Drive,

Staten Island, New York 10305, or may

be delivered to room 205 at the same

address between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. The telephone number is (718)

354–4195.

The Waterways Oversight Branch of

Coast Guard Activities New York

maintains the public docket for this

rulemaking. Comments, and documents

as indicated in this preamble, will

become part of this docket and will be

available for inspection or copying at

room 205, Coast Guard Activities New

York, between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays.

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. Final plans for the event were

not made until May 4, 1998. 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

this fireworks display, which is

intended for pubic entertainment.

Background and Purpose

Macy’s East, Inc. has submitted an

Application for Approval of Marine

Event to hold a fireworks program on

the waters of the East River at

Manhattan, New York. This regulation

establishes a safety zone in all waters of

the East River, north of the Brooklyn

Bridge, and south of a line drawn from

Lawrence Point (40°47′27′′N

073°54′35′′W NAD 1983) to Stony Point

(40°47′48′′N 073°54′42′′W NAD 1983),

and south of the Harlem River Foot

Bridge, New York. This safety zone area

also includes all waters of Newtown

Creek west of the Pulaski Bascule

Bridge. The safety zone is in effect from

7:30 p.m. until 11:30 p.m. on Saturday,

July 4, 1998. The safety zone prevents

vessels from transiting this portion of

the East River and is needed to protect

boaters from the hazards associated with

fireworks launched from 4 separate

barges in the area. No vessel may enter

the safety zone without permission of

the Captain of the Port New York. In

order to facilitate an orderly viewing of

and departure after the event, vessels

will be allowed to take position within

the zone as follows: vessels less than 20

meters (65.6 feet) in length, carrying

persons for the purpose of viewing the

fireworks, may take position in the

northern area of the zone, north of the

southern tip of Roosevelt Island and in

the southern area of the zone, south of

the Williamsburg Bridge, and in

Newtown Creek, east of the Pulaski

Bascule Bridge. Vessels equal to or

greater than 20 meters (65.6 feet) in

length, carrying persons for the purpose

of viewing the fireworks, may take

position in an area at least 200 yards off

the bulkhead on the west bank and just

off the pierhead faces on the east bank

of the East River between the

Williamsburg Bridge and a line drawn

from East 15th Street, Manhattan, to a

point due east on the Brooklyn shore at

the north corner of the Bushwick Inlet

entrance.

Once in position within the zone, all

vessels must remain in position until

released by the Captain of the Port New

York. On scene patrol personnel will

monitor the number of designated

vessels taking position in the viewing

areas of the zone. If it becomes apparent

that any additional spectator vessels in

a specific viewing area will create a

safety hazard, the patrol commander

may prevent additional vessels from

entering into that viewing area. All

vessels must be in their respective

viewing areas no later than 7:30 p.m.

After the event has concluded and the

fireworks barges have safely relocated

outside of the main channel, vessels

will be allowed to depart by separate

viewing area as directed by the patrol

commander.

Vessels not complying with this

criteria have a significant potential to

create a hazardous condition in this area

of the East River, due in great part, to

the extremely strong currents.

This safety zone covers the minimum

area needed and imposes the minimum

restrictions necessary to ensure the
30634 Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 /Rules and Regulations

protection of all vessels and the

fireworks handlers aboard the barges.

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 safety zone

temporarily closes a major portion of the

East River to vessel traffic. There is a

regular flow of traffic through this area;

however, the impact of this regulation is

expected to be minimal for the

following reasons: The limited duration

of the event; the extensive, advance

advisories that will be made to allow the

maritime community to schedule

transits before and after the event; the

event is taking place at a late hour; the

event has been held for twenty-one

years in succession and is therefore

anticipated annually, small businesses

may experience an increase in revenue

due to the event, the event sponsor has

established and advertised a telephone

‘‘hotline’’ at (212) 494–3558 which

waterways users may call prior to the

event for details of the safety zone.

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.

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. 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 indicted 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

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.T01–014 to

read as follows:

§ 165.T01–014 Safety Zone: Macy’s Fourth

of July Fireworks, East River, New York.

(a) Location. The following area is a

safety zone: all waters of the East River,

north of the Brooklyn Bridge, and south

of a line drawn from Lawrence Point

(40°47′27′′ N 073°54′35′′ W NAD 1983)

to Stony Point (40°47′48′′ N 073°54′42′′

W NAD 1983), and south of the Harlem

River Foot Bridge, New York. This

safety zone area also inlcudes all waters

of Newtown Creek west of the Pulaski

Bascule Bridge.

(b) Effective period. This section is

effective from 7:30 p.m. until 11:30 p.m.

on Saturday July 4, 1998.

(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

permission of the Captain of the Port

New York.

(3) Vessels may remain in the safety

zone for the purpose of viewing the

event in acordance with the following

preestablished viewing areas:

(i) Vessels less than 20 meters (65.6

feet) in length, carrying persons for the

purpose of viewing the fireworks, may

take position in the northern area of the

zone, north of the southern tip of

Roosevelt Island, and in the southern

area of the zone, south of the

Williamsburg Bridge, and in Newtown

Creek, east of the Pulaski Bascule

Bridge.

(ii) Vessels equal to or greater than 20

meters (65.6 feet) in length, carrying

persons for the purpose of viewing the

fireworks, may take position in an area

at least 200 yards off the bulkhead on

the west bank and just off the pierhead

faces on the east bank of the East River

between the Williamsburg Bridge and a

line drawn from East 15th Street,

Manhattan, to a point due east on the

Brooklyn shore at the north corner of

the Bushwick Inlet entrance.

(iii) Vessels must be positioned in

their respective viewing areas within

the safety zone not later than 7:30 p.m.

(4) 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 proceeed as directed.

Dated: May 29, 1998.

Richard C. Vlaun,

Captain, U.S. Coast Guard, Captain of the

Port, New York.

[FR Doc. 98–15033 Filed 6–4–98; 8:45 am]

BILLING CODE 4910–15–M

LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 201, 251, 252, 253, 256,

257, 258, 259 and 260

Copyright Rules and Regulations:

Copyright, Compulsory Licenses,

Copyright Arbitration Royalty Panel

AGENCY: Copyright Office, Library of

Congress.

ACTION: Final rule; technical

amendments.

SUMMARY: The Copyright Office is

making non-substantive housekeeping

amendments to its regulations to update

them and to correct minor errors.

EFFECTIVE DATE: June 5, 1998.

FOR FURTHER INFORMATION CONTACT:

Marilyn J. Kretsinger, Assistant General