Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Rules and Regulations 24699

Background and Purpose

On April 16, 1996, Fireworks by

Grucci, Inc., submitted an Application

for Approval of Marine Event to hold a

fireworks program on the waters of

Upper New York Bay in Federal

Anchorage 20C. The fireworks program

is being sponsored by the National

Ethnic Coalition of Organizations. This

regulation establishes a temporary safety

zone in all waters of Upper New York

Bay within a 300 yard radius of the

fireworks barge anchored approximately

300 yards east Liberty Island, New York,

at approximately 40°41′18′′ N latitude,

074°02′25′′ W longitude (NAD 1983).

The safety zone is in effect fro 10:15

p.m. until 11:30 p.m. on May 19, 1996,

unless extended or terminated sooner by

the Captain of the Port, New York. The

safety zone prevents vessels from

transiting this portion of the Upper New

York Bay, adjacent to the eastern

shoreline of Liberty Island, and is

needed to project mariners from the

hazards associated with fireworks

exploding from a barge in the area.

Regulatory Evaluation

This regulation 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

regulation to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary. This

regulation closes a portion of Upper

New York Bay off of Liberty Island, New

York, in Federal Anchorage 20C, to

vessel traffic from 10:15 p.m. until 11:30

p.m. on May 19, 1996, unless extended

or terminated sooner by the Captain of

the Port, New York. Federal Anchorage

20C is mainly used by commercial

sightseeing vessels and recreational

vessels. Although the regulation

prevents traffic from transiting this area,

the effect of the regulation will not be

significant for several reasons: the

duration of the event is limited; the

event is at a late hour; the zone is

located within a Federal Anchorage and

does not impact a navigable channel;

vessel traffic may safely pass to the east

of this area; and the extensive, advance

advisories which will be made.

Accordingly, the Coast Guard expects

the economic impact of this regulation

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 regulation

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ may include

(1) small businesses and not-for-profit

organizations that are not independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

For reasons set forth in the Regulatory

Evaluation, the Coast Guard certifies

under 5 U.S.C. 605(b) that this

regulation will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This regulation contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

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 regulation 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 regulation

and concluded that under section

2.B.2.e. (34)(g) of Commandant

Instruction M16475.1B (as revised by 59

FR 38654, July 29, 1994), the

promulgation of this regulation is

categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination

and Environmental Analysis Checklist

are included in the docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Final 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 165.T01–028,

is added to read as follows:

§ 165.T01–028 Safety Zone: National

Ethnic Coalition of Organizations

Fireworks, Upper New York Bay, New York

and New Jersey.

(a) Location. The waters of Upper

New York Bay within a 300 yard radius

of the fireworks barge anchored

approximately 300 yards east of Liberty

Island, New York, in Federal Anchorage

20C, at approximately 40°41′18′′ N

latitude, 074°02′25′′ W longitude (NAD

1983).

(b) Effective period. This section is

effective from 10:15 p.m. until 11:30

p.m. on May 19, 1996, 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.

Dated: May 6, 1996.

T. H. Gilmour,

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

Port, New York.

[FR Doc. 96–12258 Filed 5–15–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–96–013]

RIN 2115–AA97

Safety Zone: Fleet Week 1996 Parade

of Ships, Port of New York and New

Jersey

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary moving safety

zone on May 22, 1996, for the Fleet

Week 1996 Parade of Ships. This

moving safety zone includes all waters

500 yards fore and aft, and 200 yards on

each side of the designated column of

parade vessels as it transits the Port of

New York and New Jersey.

EFFECTIVE DATE: This rule is effective

from 9:45 a.m. to 4:30 p.m. on

Wednesday, May 22, 1996, unless

extended or terminated sooner by the

Coast Guard Captain of the Port, New

York.
24700 Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander R. Trabocchi,

Chief, Coordination and Analysis

Branch, Waterways Management

Division, Coast Guard Activities, New

York, (212) 668–7906.

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

that specific, detailed information on

the arrival and departure plans of the

naval vessels visiting New York City

was made available to the Coast Guard,

there was insufficient time to draft and

publish an NPRM. Immediate action is

needed to protect the maritime public

from the hazards associated with large

naval vessels transiting the Port of New

York and New Jersey in close proximity.

Background and Purpose

The Intrepid Museum Foundation is

sponsoring a parade of U.S. Coast

Guard, U.S. Navy, and foreign naval

ships through the Port of New York and

New Jersey on May 22, 1996. This

regulation establishes a moving safety

zone to include all waters 500 yards

forward of the lead parade vessel, 500

yards aft of the last parade vessel, and

200 yards on each side of the designated

column of parade vessels as it transits

the Port of New York and New Jersey

between the Verrazano Narrows Bridge

and the waters of the Hudson River west

of Riverbank State Bank, between West

137th and West 144th Streets,

Manhattan, New York. As the vessels

turn in the waters west of Riverbank

State Park and proceed southbound in

the Hudson River, the moving safety

zone will expand to include all waters

within a 200 yard radius of each vessel

from its turning point until it is safety

berthed at various locations within the

Port of New York and New Jersey. The

safety zone will also expand briefly to

include the waters of the Hudson River

between Piers 84 and 88, Manhattan,

New York, from the parade vessel

column east to the Manhattan shoreline

as the column passes in front of Piers 84

through 88. The purposes of this

expansion is to allow the public an

obstructed view of the parade from the

pierside reviewing stand. This

regulation is effective from 9:45 a.m. to

4:30 p.m. on May 22, 1996, unless

extended or terminated sooner by the

Coast Guard Captain of the Port, New

York. No vessel will be permitted to

enter or move within this safety zone

unless authorized by the Captain of the

Port, New York.

This regulation is needed to protect

the maritime public from possible

hazards to navigation associated with a

parade of naval vessels transiting the

waters of New York harbor in close

proximity. These vessels have limited

maneuverability and require a clear

traffic lane to safety navigate.

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 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 proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10(e) for the regulatory

policies and procedures of DOT is

unnecessary. This moving safety zone

prevents vessels from transiting portions

of Upper New York Bay and the Hudson

River in the Port of New York and New

Jersey on Wednesday, May 22, 1996.

Although there is a regular flow or

traffic through this area, there is not

likely to be a significant impact on

recreational or commercial vessel traffic

for several reasons: Due to the moving

nature of the safety zone, no single

location will be affected for a prolonged

period of time; commercial and

recreational vessels could transit on

either side of the moving safety zone

except along the Manhattan side

between Piers 84 and 88 as the parade

passes in front of these Piers; and

alternate routes are available for

commercial and recreational vessels that

can safety navigate the Harlem and East

Rivers, Kill Van Kull, Arthur Kill, and

Buttermilk Channel. Similar safety

zones have been established for several

past Fleet Week parades of ships and

minimal or no disruption to vessel

traffic or other interests in the port. In

addition, extensive, advance

notifications will be made to the

maritime community so mariners can

adjust their plans accordingly.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider the economic impact on

small entities of this rule. ‘‘Small

entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

For reasons set forth in the Regulatory

Evaluation, the Coast Guard certifies

under 5 U.S.C. 605(b) that this

regulation will not have significant

impact on a substantial number of small

entities.

Collection of Information

This proposal contains no collectionof-information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of the rule and

concluded that, under 2.B.2.e.(34)(g) of

Commandant Instruction M16475.1B (as

revised by 59 FR 38654, July 29, 1994),

this rule is categorically excluded from

further environmental documentation.

A Categorical Exclusion Determination

and Environmental Analysis Checklist

are included in the docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Final 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, 165.T01–013,

is added to read as follows:

§ 165.T01–013 Safety Zone: Fleet Week

1996 Parade of Ships, Port of New York and

New Jersey.

(a) Location.

(1) This moving safety zone includes

all waters within 500 yards forward of

the lead parade vessel, 500 yards aft of

the last parade vessel, and 200 yards on

each side of the designated column of

parade vessels as it transits between the

Verrazano Narrows Bridge and the
Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Rules and Regulations 24701

waters of the Hudson River west of

Riverbank State Park, between West

137th and West 144th Streets,

Manhattan, New York.

(2) The moving safety zone includes

all waters within a 200 yard radius of

each parade vessel from its turning

point near Riverbank State Park until

the vessel is safely berthed at various

locations in the Port of New York and

New Jersey.

(3) The safety zone includes all waters

of the Hudson River Piers 84 and 88,

Manhattan, New York, from the parade

vessel column east to the Manhattan

shoreline as the column passes in front

of Piers 84 through 88.

(b) Effective period. This section is

effective from 9:45 a.m. to 4:30 p.m. on

May 22, 1996, 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 to this safety

zone.

(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: May 6, 1996.

T.H. Gilmour,

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

Port, New York.

[FR Doc. 96–12259 Filed 5–15–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–96–020]

RIN 2115–AA97

Safety Zone: Greenwood Lake

Powerboat Race, Greenwood Lake, NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

a powerboat race located on Greenwood

Lake, New Jersey. This safety zone is in

effect from 10 a.m. until 7 p.m. on

Saturday, May 18, and Sunday, May 19,

1996. The safety zone temporarily closes

a southern portion of Greenwood Lake

to protect racing participants and

spectator craft from the hazards

associated with high speed powerboat

racing.

EFFECTIVE DATE: This rule is effective

from 10 a.m. until 7 p.m. on May 18,

and May 19, 1996 unless extended or

terminated sooner by the Captain of the

Port, New York.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander R. Trabocchi,

Chief, Coordination and Analysis

Branch, Waterways Management

Division, Coast Guard Activities New

York (212) 668–7906.

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 the

application for the event 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 this waterway and

protect the maritime public from the

hazards associated with high speed

power boats racing in confined waters.

Background and Purpose

The Greenwood Lake Powerboat

Association and the West Milford

Chamber of Commerce submitted an

Application For Approval of Marine

Event to hold a powerboat race on the

waters of Greenwood Lake. This safety

zone encompasses a southern portion of

Greenwood Lake, New Jersey, shore to

shore, south of latitude 41°09′ N, and

north of latitude 41°08′ N (NAD 1983).

The safety zone is rectangular in shape

with the northern and southern

boundaries marked by four temporary

buoys. The safety zone is in effect from

10 a.m. until 7 p.m. on May 18, and May

19, 1996, unless extended or terminated

sooner by the Captain of the Port, New

York. This safety zone precludes all

vessels not participating in the event

from transiting this portion of

Greenwood Lake and is needed to

protect mariners from the hazards

associated with high speed powerboats

racing in confined waters. Participating

vessels include race participants and

race committee craft. All other vessels,

swimmers, and personal watercraft of

any nature are precluded from entering

or moving within the safety zone.

Regulatory Evaluation

This regulation 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

regulation 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 one mile segment in

the southern portion of Greenwood Lake

to all vessel traffic from 10 a.m. until 7

p.m. on May 18, and May 19, 1996,

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 regulation will not be significant for

several reasons: the limited duration of

the race, the event is taking place on an

inland lake which has no commercial

traffic, this is annual event with local

support, and the notifications that will

be made to the maritime community via

local notices to mariners.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this regulation

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ may include

(1) small businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

government jurisdictions with

populations less than 50,000.

For the reasons given in the

Regulatory Evaluation, the Coast Guard

certifies under 5 U.S.C. 605(b) that this

regulation will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This regulation contains no

collection-of-information requirements

under the Paperwork Reduction Act (44

U.S.C. 3501 et seq.).

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 regulation 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 regulation

and concluded that, under section