Ports and waterways safety: East River, NY; safety zone,
[Federal Register: February 23, 1999 (Volume 64, Number 35)]
[Rules and Regulations]
[Page 8722-8723]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe99-7]
DEPARTMENT OF TRANSPORTATION
Coast Guard
[CGD01-99-004]
RIN 2115-AA97
Safety Zone: Scharfman Batmitzvah Fireworks, East River, Newtown Creek, NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is establishing a temporary safety zone for the Scharfman Batmitzvah Fireworks program located on the East River, Newtown Creek, 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 on a portion of the East River.
DATES: This rule is effective from 10:15 p.m. until 11:45 p.m., on Saturday, April 10, 1999. There is no rain date for this event.
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) 354-4193.
FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways Oversight Branch, Coast Guard Activities New York, at (718) 354- 4193.
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 in the Federal Register. Due to the date the Application for Approval of Marine 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 a portion of the waterway and protect the maritime public from the hazards associated with this fireworks display.
Background and Purpose
On January 18, 1999, Bay Fireworks submitted an application to hold a fireworks program on the waters of the East River. The fireworks program is being sponsored by Shiela Scharfman. This regulation establishes a safety zone in those waters of the East River within a 250-yard radius of the fireworks barge located in approximate position 40 deg.44'24''N 073 deg.57'57''W (NAD 1983), approximately 300 yards from shore near Newton Creek, New York. The safety zone is in effect from 10:15 p.m. until 11:45 p.m. on Saturday, April 10, 1999. There is no rain date for this event. The safety zone prevents vessels from transiting a portion of the East River and is needed to protect boaters from the hazards associated with fireworks launched from a barge in the area. Marine traffic will still be able to transit through the western 350 yards of the 900-yard-wide East River during the event. The Captain of the Port does not anticipate any negative impact on commercial and recreational traffic due to this event. Public notifications will be made prior to the event via local notice to mariners, and marine information broadcasts.
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 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 area, 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.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the Coast Guard must consider whether this rule will result in an annual expenditure by state, local, and tribal governments, in the aggregate of $100 million (adjusted annually for inflation). If so, the Act requires that a reasonable number of regulatory alternatives be considered, and that, from those alternatives, the least costly, most cost-effective, or least burdensome alternative that achieves the objective of the rule be selected. No state, local, or tribal government entities will be affected by this rule, so this rule will not result in annual or aggregate costs of $100 million or more. Therefore, the Coast Guard is exempt from any further regulatory requirements under the Unfunded Mandates Act.
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
[[Page 8723]]
Instruction M16475.1C, this final rule is categorically excluded from further environmental documentation. A written 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]
-
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.
-
Add temporary Sec. 165.T01-004 to read as follows:
Sec. 165.T01-004 Safety Zone: Scharfman Batmitzvah Fireworks, East River, Newtown Creek, New York
(a) Location. The following area is a safety zone: those waters of the East River within a 250-yard radius of the fireworks barge in approximate position 40 deg.44'24''N 073 deg.57'57''W (NAD 1983), approximately 300 yards from shore near Newtown Creek, New York.
(b) Effective period. This section is effective from 10:15 p.m. until 11:45 p.m. on Saturday, April 10, 1999. There is no rain date for this event.
(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: February 8, 1999. R.E. Bennis, Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-4433Filed2-22-99; 8:45 am]
BILLING CODE 4910-15-M
