Safety Zone: Staten Island Fireworks, Lower New York Bay and Raritan Bay

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-094]

RIN 2115-AA97

Safety Zone: Staten Island Fireworks, Lower New York Bay and

Raritan Bay

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing two temporary safety zones for

Staten Island fireworks displays located on Lower New York Bay and

Raritan Bay. This action is necessary to provide for the safety of life

on navigable waters during the events. This action is intended to

restrict vessel traffic in a portion of Lower New York Bay and Raritan

Bay.

DATES: This temporary final rule is effective from 8:30 p.m. on August

28, 1999, until 10 p.m. September 5, 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

On July 7, 1999, the Coast Guard published a notice of proposed

rulemaking (NPRM) entitled Safety Zone: Staten Island Fireworks, Lower

New York Bay and Raritan Bay in the Federal Register (64 FR 36633). The

Coast Guard received no letters commenting on the proposed rulemaking.

No public hearing was requested, and none was held.

Good cause exists for making this regulation effective less than 30

days after Federal Register publication. Due to the date the

Application for Approval of Marine Event was received, there was

insufficient time to promulgate a NPRM and a temporary final rule that

would be effective at least 30 days after it was published. The Coast

Guard published an NPRM with a 45-day comment period, but this did not

leave sufficient time to publish the temporary final rule 30 days

before its effective date. Any delay encountered in this regulation's

effective date would be contrary to public interest since immediate

action is needed to prevent traffic from transiting a portion of Lower

New York and Raritan Bays, and provide for the safety of life on

navigable waters.

Background and Purpose

The fireworks programs are being sponsored by the Borough of Staten

Island. This temporary final rule establishes two temporary safety

zones. First, in all waters of Lower New York Bay within a 360-yard

radius of the fireworks barge located in approximate position

40 deg.35'11'' N, 074 deg.03'42'' W (NAD 1983), about 350 yards east of

South Beach, Staten Island. The safety zone is in effect from 8:30 p.m.

until 10 p.m. on August 28, 1999. The rain date for this event is

August 29, 1999, at the same time and place. Second, in all waters of

Raritan Bay in the vicinity of the Raritan River Cutoff and Ward Point

Bend (West) within a 240-yard radius of the fireworks barge in

approximate position 40 deg.30'04'' N, 074 deg.15'35'' W (NAD 1983),

about 240 yards east of Raritan River Cutoff Channel Buoy 2 (LLNR

36595). The temporary safety zone is in effect from 8:30 p.m. until 10

p.m. on September 4, 1999. The rain date of this event is September 5,

1999, at the same time and place. The temporary safety zones prevent

vessels from transiting a portion of Lower New York Bay and Raritan Bay

in the vicinity of the Raritan River Cutoff, Ward Point Bend (West).

The temporary safety zones are needed to protect boaters from the

hazards associated with fireworks launched from two barges in the area.

Marine traffic will still be able to transit through Lower New York Bay

during the event off South Beach on August 28, 1999. Marine traffic

will still be able to transit through the eastern 140 yards of the 230-

yard wide Ward Point Bend (West) during the event on September 4, 1999.

Traffic that cannot transit through the closed Raritan River Cutoff may

transit through Ward Point Bend (West) by using South Amboy Reach,

Great Beds Reach, Ward Point Secondary Channel, and Ward Point Bend

(East). Additionally, vessels are not precluded from mooring at or

getting underway from any marinas or piers at Perth Amboy, New Jersey

during the display in the Raritan River Cutoff. Public notifications

will be made before the event by the Local Notice to Mariners and

marine information broadcasts. The Coast Guard limited the comment

period for this NPRM to 45 days because the temporary safety zones are

only for one and a half hour long local events.

Discussion of Comments and Changes

The Coast Guard received no letters commenting on the proposed

rulemaking. No changes were made to the proposed rule.

Regulatory Evaluation

This temporary 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 temporary 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 zone, and on the facts that vessels are not

precluded from getting underway, or mooring at, the marinas and piers

in Perth Amboy, New Jersey; that marine traffic will still be able to

transit through Lower New York Bay during the display on August 28,

1999; that marine traffic will still be able to transit to the east of

the zone on September 4, 1999; and that advance notifications will be

made to the local maritime community by the Local Notice to Mariners

and marine information broadcasts.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard considered whether this temporary 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 stated in the Regulatory Evaluation section above, the

Coast Guard certifies under 5 U.S.C. 605(b) that this temporary final

rule will not have a significant economic impact on a substantial

number of small entities.

Collection of Information

This temporary 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 temporary final rule under the

[[Page 46849]]

principles and criteria contained in Executive Order 12612 and has

determined that this temporary 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

temporary final rule does not impose Federal mandates on any State,

local, or tribal governments, or the private sector.

Environment

The Coast Guard considered the environmental impact of this

temporary final rule and concluded that under figure 2-1, paragraph

34(g), of Commandant Instruction M16475.1C, this temporary 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 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, 160.5; 49 CFR 1.46.

2. Add temporary Sec. 165.T01-094 to read as follows:

Sec. 165.T01-094 Safety Zone: Staten Island Fireworks, Lower New York

Bay and Raritan Bay.

(a) Safety Zone A: (1) Location. All waters of Lower New York Bay

within a 360-yard radius of the fireworks barge in approximate position

40 deg.35'11'' N., 074 deg.03'42'' W. (NAD 1983), about 350 yards east

of South Beach, Staten Island.

(2) Effective period. This paragraph is effective from 8:30 p.m.

until 10 p.m. on August 28, 1999. If the event is canceled for

inclement weather, then this paragraph is effective from 8:30 p.m.

until 10 p.m. on August 29, 1999.

(b) Safety Zone B: (1) Location. All waters of Raritan Bay in the

vicinity of the Raritan River Cutoff and Ward Point Bend (West) within

a 240-yard radius of the fireworks barge in approximate position

40 deg.30'04'' N., 074 deg.15'35'' W. (NAD 1983), about 240 yards east

of Raritan River Cutoff Channel Buoy 2 (LLNR 36595).

(2) Effective period. This paragraph is effective from 8:30 p.m.

until 10 p.m. on September 4, 1999. If the event is canceled for

inclement weather, then this paragraph is effective from 8:30 p.m.

until 10 p.m. on September 5, 1999.

(c) Effective period. This section is effective from 8:30 p.m. on

August 28, 1999, until 10 p.m. September 5, 1999.

(d) 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. These personnel comprise commissioned, warrant, and petty

officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard

vessel by siren, radio, flashing light, or other means, the operator of

a vessel shall proceed as directed.

Dated: August 23 1999.

R.E. Bennis,

Captain, U.S. Coast Guard, Captain of the Port, New York.

[FR Doc. 99-22333 Filed 8-26-99; 8:45 am]

BILLING CODE 4910-15-P