[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Rules and Regulations]
[Pages 35534-35535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17369]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-070]
RIN 2115-AA97


Safety Zone: Independence Day Celebration Fireworks, Wards 
Island, 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 Independence Day Celebration fireworks program located on Wards 
Island, East River, 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 East River, New 
York.

DATES: This rule is effective from 8:45 p.m. until 10:15 p.m. on 
Wednesday, July 1, 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 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 pubic entertainment.

Background and Purpose

    The New York Power Authority has submitted an Application for 
Approval of Marine Event to hold a fireworks program on the waters of 
the East River, at Wards Island, New York. This regulation establishes 
a safety zone in all waters of the East River, within a 150 yard radius 
of the land shoot at approximate position 40 deg.46'55.5''N 
073 deg.55'33''W (NAD 1983), approximately 200 yards northeast of the 
Triboro Bridge. The safety zone is in effect from 8:30 p.m. until 10 
p.m. on Wednesday, July 1, 1998. The safety zone prevents vessels from 
transiting this portion of the East River, and it is needed to protect 
boaters from the hazards associated with fireworks launched from shore 
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

[[Page 35535]]

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 minimal time that vessels will be restricted from the 
zone, that marine traffic will still be able to transit through the 
East River, 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 Sec. 165.T01-070 to read as follows:


Sec. 165.T01-070  Safety Zone: Independence Day Celebration Fireworks, 
Wards island, East River, New York.

    (a) Location. The following area is a safety zone: all waters of 
the East River within a 150 yard radius of the land shoot at Wards 
Island, New York in approximate position 40 deg. 46' 55.5''N 073 deg. 
55' 33''W (NAD 1983), approximately 200 yards northeast of the Triboro 
Bridge.
    (b) Effective period. This section is effective from 8:45 p.m. 
until 10:15 p.m. on Wednesday, July 1, 1998.
    (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: June 16, 1998.
L.M. Brooks,
Captain, U.S. Coast Guard, Captain of the Port, New York Acting.
[FR Doc. 98-17369 Filed 6-29-98; 8:45 am]
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