[Federal Register Volume 65, Number 135 (Thursday, July 13, 2000)]
[Rules and Regulations]
[Pages 43244-43246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17679]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-015]
RIN 2115-AA97


Safety Zone: Staten Island Fireworks, Arthur Kill

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones on 
the Arthur Kill for two Borough of Staten Island Fireworks displays. 
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 on a portion of the Arthur Kill.

DATES: This rule is effective July 2, 2000 until September 3, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-00-015) and are available for inspection or 
copying at Coast Guard Activities New York, 212 Coast Guard Drive, room 
204, Staten Island, New York 10305, between 8 a.m. and 3 p.m., Monday 
through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant M. Day, Waterways Oversight 
Branch, Coast Guard Activities New York (718) 354-4012.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 24, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone: Staten Island Fireworks, Arthur Kill in 
the Federal Register (65 FR 21686). We received no letters commenting 
on the proposed rule. No public hearing was requested, and none was 
held. On May 4, 2000, we published a correction notice in the Federal 
Register (65 FR 25980). This corrected the position of the fireworks 
barge location in the Arthur Kill.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. This is due to the following 
reasons: they are locally supported, annual events, the zones are only 
in affect for 1\1/2\ hours, commercial facilities in the Arthur Kill 
and the Sandy Hook Pilots Association were notified of this proposal by 
Local Notice to Mariners number 019 and 023, the NPRM and chart of the 
area were also e-mailed to the Hudson River Pilots Association, 
recreational vessels will be able to transit through the western 50 
yards of the Arthur Kill during the event, recreational vessels will 
not be precluded from getting underway, or mooring at, any piers or 
marinas currently located in the vicinity of the safety zone, and 
advance notifications which will be, and have been made to the local 
maritime community by the Local Notice to Mariners, and marine 
information broadcasts. Additionally, commercial vessels will normally 
be precluded from entering the zone for only a 45-minute period during 
the effective period of the safety zone.

[[Page 43245]]

Background and Purpose

    The Coast Guard is establishing a temporary safety zone in all 
waters of the Arthur Kill, Ward Point Bend (West), and the Raritan 
River Cutoff, within a 300-yard radius of the fireworks barge in 
approximate position 40 deg.30'18" N 074 deg.15'30" W (NAD 1983), about 
250 yards northwest of Raritan Bay Channel Buoy 60 (LLNR 36319). The 
safety zone is in effect from 8:15 p.m. (e.s.t.) until 9:45 p.m. 
(e.s.t.) on July 2, and September 2, 2000. If either event is cancelled 
due to inclement weather, then this safety zone will be effective from 
8:15 p.m. (e.s.t.) until 9:45 p.m. (e.s.t.) on July 3, and September 3, 
2000. The safety zone prevents vessels from transiting a portion of the 
Arthur Kill, Ward Point Bend (West), and the Raritan River Cutoff for 
approximately 45 minutes of the 90 minute long event, and is needed to 
protect boaters from the hazards associated with fireworks launched 
from a barge in the area. Public notifications have been and will be 
made prior to the events via local notice to mariners, and marine 
information broadcasts.

Discussion of Comments and Changes

    The Coast Guard received no letters commenting on the proposed 
rulemaking. No changes were made to this rulemaking.

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. The 
Office of Management and Budget has not reviewed it 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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary.
    Although this regulation prevents traffic from transiting a portion 
of the Arthur Kill during the event, the effect of this regulation will 
not be significant for several reasons: commercial facilities in the 
Arthur Kill and the Sandy Hook Pilots Association were notified of this 
event by Local Notice to Mariners number 019 and 023, the NPRM and 
chart of the area were also e-mailed to the Hudson River Pilots 
Association, recreational vessels will be able to transit through the 
western 50 yards of the Arthur Kill during the event, recreational 
vessels will not be precluded from getting underway, or mooring at, any 
piers or marinas currently located in the vicinity of the safety zone, 
and advance notifications which have been and will be made to the local 
maritime community by the Local Notice to Mariners, and marine 
information broadcasts. Additionally, commercial vessels will normally 
be precluded from entering the zone for only a 45-minute period during 
the effective period of the safety zone.
    The size of this safety zone was determined using National Fire 
Protection Association and New York City Fire Department Standards for 
10 inch mortars fired from a barge, combined with the Coast Guard's 
knowledge of tide and current conditions in the area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which might 
be small entities: the owners or operators of vessels intending to 
transit a portion of the Arthur Kill, Ward Point Bend (West), and the 
Raritan River Cutoff during the time this zone is activated.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: 
commercial facilities in the Arthur Kill and the Sandy Hook Pilots 
Association were notified of this rule by the Local Notice to Mariners 
numbers 019 and 023, the NPRM and chart of the area were also e-mailed 
to the Hudson River Pilots Association, recreational vessels will be 
able to transit through the western 50 yards of the Arthur Kill during 
these times. Recreational vessels will not be precluded from getting 
underway, or mooring at, any piers or marinas currently located in the 
vicinity of the safety zone. Additionally, commercial vessels will 
normally be precluded from entering the zone for only a 45-minute 
period during the effective period of the safety zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. However, 
we received no requests for assistance from small entities.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agricultural Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

[[Page 43246]]

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. This rule fits paragraph 34(g) as it 
establishes a safety zone. A ``Categorical Exclusion Determination'' is 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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.T01-015 to read as follows:


Sec. 165.T01-015  Safety Zone: Staten Island Fireworks, Arthur Kill.

    (a) Location. The following area is a safety zone: All waters of 
the Arthur Kill within a 300-yard radius of the fireworks barge in 
approximate position 40 deg.30'18" N 074 deg.15'30" W (NAD 1983), about 
250 yards northwest of Raritan Bay Channel Buoy 60 (LLNR 36319).
    (b) Enforcement Period. This section will be enforced from 8:15 
p.m. (e.s.t.) until 9:45 p.m. (e.s.t.) on July 2, and September 2, 
2000. If the event is cancelled due to inclement weather, this section 
will be enforced from 8:15 p.m. (est) until 9:45 p.m. (est) on July 3, 
and September 3, 2000.
    (c) Effective Date. This section is effective on July 2, 2000 until 
September 3, 2000.
    (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 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: June 28, 2000.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 00-17679 Filed 7-12-00; 8:45 am]
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