Ports and waterways safety: Ports of New York and New Jersey; safety zone,

[Federal Register: August 17, 1999 (Volume 64, Number 158)]

[Rules and Regulations]

[Page 44658-44659]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr17au99-7]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-135]

RIN 2115-AA97

Safety Zone Port of New York/New Jersey Annual Marine Events

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is removing a number of Safety Zone regulations for annual fireworks displays. This action is necessary to update the current regulations for Safety Zones. This action is intended to remove regulations for events that are now covered by other regulations.

DATES: This rule is effective August 17, 1999.

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 (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 and for making this regulation effective less than 30 days after Federal Register publication. These procedures are unnecessary because this regulation is strictly administrative in nature. This final rule merely removes obsolete sections in 33 CFR part 165. The safety zones being removed have gone through notice and comment rulemaking and are included in the First Coast Guard District Fireworks list in 33 CFR 100.114.

Background and Purpose

One June 28, 1999, the First Coast Guard District published a Final rule in the Federal Register (64 FR 34543) updating the regulations for Fireworks displays within the First Coast Guard District (33 CFR 100.114). The following regulations for fireworks displays from 33 CFR part 165 were added to the list in Sec. 100.114 and are no longer required in part 165:

1. Sec. 165.161 Safety Zone; Annual ``Fireworks on the Navesink'' Fireworks Display Navesink River, Red Bank, New Jersey.

2. Sec. 165.166 Safety Zone; Annual Burlington Independence Day Celebration Fireworks Display, Burlington Bay, Vermont.

3. Sec. 165.167 Safety Zone; Annual Rensselaer Festival Fireworks Display, Hudson River, New York.

4. Sec. 165.170 Safety Zone; Heritage of Pride Fireworks Display, Hudson River, New York.

   [[Page 44659]]

5. Sec. 165.174 Safety Zone; Annual South Street Seaport New Year's Eve Fireworks Display, East River, New York.

6. Sec. 165.175 Safety Zone; Annual South Street Seaport Memorial Day Fireworks Display, East River, New York.

7. Sec. 165.178 Safety Zone; Annual North Hempstead Memorial Day Fireworks Display, Hempstead Harbor, New York.

   Regulatory Evaluation

   This final rule is not a significant regulatory action under section (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 fact that this regulation is strictly administrative in nature and that the regulations have gone through notice and comment rulemaking while being added to the list of First Coast Guard District fireworks displays in 33 CFR 100.114.

   Small Entities

   Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard considered whether this final 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

   Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub. L. 104-4, 109 Stat. 48] requires Federal agencies to assess the effects of certain regulatory actions on State, local, and tribal governments, and the private sector. UMRA requires a written statement of economic and regulatory alternatives for rules that contain Federal mandates. A Federal mandate is a new or additional enforceable duty imposed on any State, local, or tribal government, or the private sector. If any Federal mandate causes those entities to spend, in the aggregate, $100 million or more in any one year, the UMRA analysis is required. This final rule does not impose Federal mandates on any State, or tribal governments, or the private sector.

   Environment

   The Coast Guard 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 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 Coat 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, 160.5; 49 CFR 1.46.

   Sec. 165.161 [Removed]

2. Remove Sec. 165.161.

   Sec. 165.166 [Removed]

3. Remove Sec. 165.166.

   Sec. 165.167 [Removed]

4. Remove Sec. 165.167.

   Sec. 165.170 [Removed]

5. Remove Sec. 165.170

   Sec. 165.174 [Removed]

6. Remove Sec. 165.174.

   Sec. 165.175 [Removed]

7. Remove Sec. 165.175.

   Sec. 165.178 [Removed]

8. Remove Sec. 165.178.

   Dated: August 6, 1999. R.E. Bennis, Captain, U.S. Coast Guard, Captain of the Port, New York.

   [FR Doc. 99-21269Filed8-16-99; 8:45 am]

   BILLING CODE 4910-15-M