24698 Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Rules and Regulations

a full Regulatory Evaluation under

paragraph 10(e) of the regulatory

policies and procedures of DOT is

unnecessary. This moving safety zone

will prevent 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, and Wednesday, May 29,

1996. Although there is a regular flow

of traffic through this area, there is not

likely to be a significant impact on

recreational or commercial 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; the safety zone distances

are less than the typical safe passage

distances normally required for large

vessels and aircraft carriers; vessels can

transit on either side of the safety zone;

and alternate routes are available to

commercial and recreational vessels that

can safely transit the Harlem and East

Rivers, Kill Van Kull, Arthur Kill, and

Buttermilk Channel. Similar safety

zones have been established in the past

for the arrival and departure of large

naval vessels with minimal or no

disruption to vessel traffic or other

interests in the port. In addition

extensive, advance advisories 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 a 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 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 proposal 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]

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 2.46.

2. A temporary section, 165.T01/021,

is added to read as follows:

§ 165.T01–021 Safety Zone: USS JOHN F.

KENNEDY, Fleet Week 1996, Port of New

York and New Jersey.

(a) Location: (1) This moving safety

zone includes all waters within 500

yards fore and aft and 200 yards on each

side of the USS JOHN F. KENNEDY as

it transits the Port of New York and New

Jersey between Ambrose Channel

Lighted Whistle Buoy ‘‘A’’, at or near

40°28.8′N latitude, 73°53.7′W longitude

(NAD 1983), and Pier 88, Manhattan,

New York, exclusive of the time it is

transiting as part of the Fleet Week 2996

Parade of Ships.

(2) This moving safety zone is

reduced to a radius of 300 yards around

the vessel while the vessel is at anchor

in Federal Anchorage 23A on May 22,

1996.

(b) Effective period. This section is

effective on May 22, 1996, from 7 a.m.

until 1 p.m., and on May 29, 1996, from

7:30 a.m. until 12:01 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 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. 96–12257 Filed 5–15–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–96–028]

RIN 2115–AA97

Safety Zone: National Ethnic Coalition

of Organizations Fireworks, Upper New

York Bay, NY and NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the National Ethnic Coalition of

Organizations’ fireworks program

located in Upper New York Bay, New

York and New Jersey. The safety zone is

in effect from 10:15 p.m. until 11:30

p.m. on Sunday, May 19, 1996. The

safety zone temporarily closes all waters

of Upper New York Bay within a 300

yard radius of a fireworks barge

anchored approximately 300 yards east

of Liberty Island, New York.

EFFECTIVE DATE: This rule is effective

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

Sunday, May 19, 1996, unless extended

or terminated sooner by the Captain of

the Port, New York.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) C. Stevens,

Coordination and Analysis Branch,

Coast Guard Activities New York, at

(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 this event was received,

there was insufficient time to draft and

published an NPRM. Any delay

encountered in this regulation’s

effective date would be contrary to

public interest since immediate action is

needed to protect the maritime public

from the hazards associated with

fireworks exploding from a barge in the

waters of Upper New York Bay.
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.