[Federal Register Volume 60, Number 96 (Thursday, May 18, 1995)]
[Rules and Regulations]
[Pages 26688-26690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12283]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-95-055]
RIN 2115-AA97


Safety Zone: Ellis Island NECO Awards Gala Fireworks, Upper New 
York Bay, NY and NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
fireworks program located in Federal Anchorage 20C in Upper New York 
Bay, New York. This safety zone will be in [[Page 26689]] effect on May 
21, 1995, from 10:15 p.m. until 11:30 p.m. The safety zone will 
temporarily close all waters of the Upper New York Bay, within a 300 
yard radius of the fireworks barges anchored approximately 300 yards 
east of Liberty Island, New York.

EFFECTIVE DATE: This rule is effective on May 21, 1995, from 10:15 p.m. 
until 11:30 p.m., unless extended or terminated sooner by the Captain 
of the Port, New York.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief, 
Coast Guard Group New York (212) 668-7934.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this notice are LTJG K. Messenger, Project Manager, 
Coast Guard Group New York and LCDR J. Stieb, Project Attorney, First 
Coast Guard District, Legal Office.

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation and good cause exists for not 
publishing an NPRM. Due to the date this application was received, 
there was insufficient time to draft and publish a notice of proposed 
rulemaking that allows for a reasonable comment period prior to the 
event. The delay encountered if normal rulemaking procedures were 
followed would effectively cancel this event. Cancellation of this 
event is contrary to public interest.

Background and Purpose

    On May 1, 1995, Fireworks by Grucci submitted an application to 
hold a fireworks program in the waters of Upper New York Bay, off of 
Liberty Island, New York. This fireworks program is being sponsored by 
the National Ethnic Coalition of Organizations Foundation, Inc., 
(NECO). This rule establishes a temporary safety zone in all waters of 
the Upper New York Bay within a 300 yard radius of fireworks barges 
anchored approximately 300 yards east of Liberty Island, New York, at 
or near 40 deg.41'17''N latitude, 74 deg.02'25''W longitude. The safety 
zone will be in effect on May 21, 1995, from 10:15 p.m. until 11:30 
p.m., unless extended or terminated sooner by the Captain of the Port, 
New York. This safety zone precludes all vessels from transiting this 
portion of the Upper New York Bay and is needed to protect mariners 
from the hazards associated with fireworks exploding in the area.

Regulatory Evaluation

    This 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 been exempted from review 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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10(e) of the regulatory policies and procedures of DOT is unnecessary. 
This safety zone closes a portion of the Upper New York Bay to all 
vessel traffic on May 21, 1995, from 10:15 p.m. until 11:30 p.m., 
unless extended or terminated sooner by the Captain of the Port, New 
York. Although this regulation prevents traffic from transiting this 
area, the effect of this rule will not be significant for several 
reasons. Due to the fact that this safety zone will not impact any 
navigable channel; that the duration of the event is limited; that the 
event is at a late hour; and that extensive, advance advisories will be 
made to the maritime community, the impact of this rule is expected to 
be so minimal that a Regulatory Evaluation is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under Section 3 of the Small Business Act 
(15 U.S.C. 632).
    For the reasons given in the Regulatory Evaluation, the Coast Guard 
expects the impact of this rule to be minimal. The Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501).

Federalism

    The Coast Guard has analyzed this action in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this rule does not raise 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 section 2.B.2.e. of Commandant 
Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, the 
promulgation of this rule is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination and 
Environmental Analysis Checklist are included in the docket. An 
appropriate environmental analysis of the fireworks program will be 
conducted in conjunction with the marine event permitting process.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Temporary Regulation

    For reasons set out 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. A temporary section, Sec. 165.T01-055, is added to read as 
follows:


Sec. 165.T01-055  Safety Zone; Ellis Island NECO Awards Gala Fireworks, 
Upper New York Bay, New York and New Jersey.

    (a) Location. All waters of Federal Anchorage 20C, Upper New York 
Bay, within a 300 yard radius of the fireworks barges anchored 
approximately 300 yards east of Liberty Island, New York, at or near 
40 deg.41'17''N latitude, 074 deg.02'25''W longitude. (Datum: NAD 83)
    (b) Effective period. This section is in effect on May 21, 1995, 
from 10:15 p.m. until 11:30 p.m., unless extended or terminated sooner 
by the Captain of the Port, New York.
    (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.

    [[Page 26690]] Dated: May 10, 1995.
T. H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-12283 Filed 5-17-95; 8:45 am]
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