34124 Federal Register / Vol. 63, No. 120 /Tuesday, June 23, 1998 /Rules and Regulations

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 less than 50,000.

Therefore, for the reasons discussed in

the Regulatory Evaluation section above,

the Coast Guard certifies under 5 U.S.C.

605(b) 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 in accordance with the

principles and criteria contained in

Executive Order 12612 and has

determined that this final rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this final rule

and concluded that, under Figure 2–1,

paragraph 32(e), of Commandant

Instruction M16475.1C, this final rule is

categorically excluded from further

environmental documentation because

promulgation of changes to drawbridge

regulations have been found to have a

significant effect on the environment. A

‘‘Categorical Exclusion Determination’’

is not required for this final rule.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 117 as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. In § 117.739, paragraphs (d), (f), (i),

(m) and (n) are revised to read as

follows:

§ 117.739 Passaic River.

* * * * *

(d) The draw of the Jackson Street

Bridge, mile 4.6, shall open on signal if

at least four hours notice is given by

calling the number posted at the bridge.

* * * * *

(f) The draw of the Bridge Street

Bridge, mile 5.6, shall open on signal if

at least four hours notice is given by

calling the number posted at the bridge.

* * * * *

(i) The draw of the Clay Street Bridge,

mile 6.0, shall open on signal if at least

four hours notice is given by calling the

number posted at the bridge.

* * * * *

(m) The draw of the NJTRO Bridge,

mile 11.7, shall open on signal after at

least a 24 hour notice is given by calling

the number posted at the bridge.

(n) The draw of the Route 3 Bridge,

mile 11.8, shall open on signal after at

least a 24 hour notice is given by calling

the number posted at the bridge.

* * * * *

Dated: June 8, 1998.

R. M. Larrabee,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 98–16666 Filed 6–22–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–98–044]

RIN 2115–AA97

Safety Zone: City of Yonkers

Fireworks, New York, Hudson River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the City of Yonkers fireworks program

located on the Hudson River, Yonkers,

New York. 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 Hudson River.

DATES: This rule is effective from 8:30

p.m. until 10 p.m. on Saturday, July 4,

1998, with a rain date of Sunday, July

5, 1998, at the same time and place.

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 fact that plans

for this event were recently finalized,

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

this fireworks display, which is

intended for public entertainment.

Background and Purpose

Bay Fireworks has submitted an

Application for Approval of Marine

Event to hold a fireworks program on

the waters of the Hudson River at

Yonkers, New York. The fireworks

program is being sponsored by the City

of Yonkers. This regulation establishes a

safety zone in all waters of the Hudson

River within a 360 yard radius of the

fireworks barge located at approximate

position 40°56′14′′ N 073°54′28′′ W

(NAD 1983), approximately 350 yards

northwest of the Yonkers Municipal

Pier. The safety zone is in effect from

8:30 p.m. until 10 p.m. on Saturday,

July 4, 1998, with a rain date of Sunday,

July 5, 1998, at the same time and place.

The safety zone prevents vessels from

transiting this portion of the Hudson

River, and is needed to protect boaters

from the hazards associated with

fireworks launched from a barge in the

area.

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 Regulatory Evaluation

under paragraph 10e of the regulatory

policies and procedures of DOT is

unnecessary. This finding is based on
Federal Register / Vol. 63, No. 120 /Tuesday, June 23, 1998 /Rules and Regulations 34125

the limited marine traffic in the area, the

minimal time that vessels will be

restricted from the zone, that vessels

may safely transit to the west of the

zone, 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 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. Add temporary § 165.T01–044 to

read as follows:

§ 165.T01–044 Safety Zone: city of

Yonkers Fireworks, New York, Hudson

River.

(a) Location. The following area is a

safety zone: all waters of the Hudson

River within a 360 yard radius of the

fireworks barge at approximately

position 40°56′14′′ N 073°54′28′′ W

(NAD 1983), located approximately 350

yards northwest of the Yonkers

Municipal Pier.

(b) Effective period. This section is

effective from 8:30 p.m. until 10 p.m. on

Saturday, July 4, 1998, with a rain date

of Sunday, July 5, 1998, at the same

time and place.

(c) Regulations. (1) The general

regulations in 33 CFR 165.23 apply.

(2) All persons and vessels should

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: June 2, 1998.

Richard C. Vlaun,

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

Port, New York.

[FR Doc. 98–16664 Filed 6–22–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay; 98–011]

RIN 2115–AA97

Safety Zone; San Francisco Bay, San

Francisco, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone

encompassing a portion of the navigable

waters of San Francisco Bay, CA,

surrounding two barges used as a

platform to launch fireworks for the San

Francisco Chronicle’s 4th of July

Waterfront Festival, from 8 p.m. to 11:30

p.m., PDT. The launch barges, which

will be tethered together, will be located

approximately 1,000 feet northwest of

Pier 39. Fireworks will also be

simultaneously launched from land at

the Northern-most point of the Aquatic

Park.

This temporary safety zone is

necessary to provide for the safety of

participating technicians, waterborne

and shore-side spectators, vessels, and

other property during the fireworks

display. Persons and vessels are

prohibited from entering into, transiting

through, or anchoring within this safety

zone unless authorized by the Captain

of the Port, or a designated

representative thereof. Commercial

vessels may request authorization to

transit this safety zone by contacting

Vessel Traffic Service on Channel 14

VHF–FM.

DATES: This safety zone will be in effect

on July 4, 1998 from 8 p.m. to 11:30

p.m., PDT. If the event concludes prior

to the scheduled termination time, the

Captain of the Port will cease

enforcement of this safety zone and will

announce that fact via Broadcast Notice

To Mariners.

ADDRESSES: U.S. Coast Guard Marine

Safety Office San Francisco Bay,

Building 14, Coast Guard Island,

Alameda, CA 94501–5100.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Lesley F. DionBow, U.S. Coast Guard Marine Safety

Office San Francisco Bay; (510) 437–

3073.

SUPPLEMENTARY INFORMATION:

Regulatory Information

In accordance with 5 U.S.C. 553, a

Notice of Proposed Rule (NPRM) was

not published for this temporary

regulation and good cause exists for

making it effective prior to, or less than

30 days after, Federal Register

publication. Publication of an NPRM

and delay of its effective date would be

contrary to the public interest since the

precise location of the event

necessitating the promulgation of this

safety zone, and other logistical details

surrounding the event, were not

finalized until a date fewer than 30 days

prior to the event date. Therefore, the

event would be finished before the

rulemaking process was complete if an

NPRM was published, jeopardizing the

safety of the lives and property of event

participants and spectators.

Discussion of Regulation

The San Francisco Chronicle is

sponsoring the 4th of July Waterfront

Festival on the evening of July 4, 1998.