[Federal Register Volume 65, Number 248 (Tuesday, December 26, 2000)]
[Rules and Regulations]
[Pages 81365-81366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32827]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-253]
RIN 2115-AA97


Safety Zone; Potential Explosive Atmosphere, Vessel Highland 
Faith, Port of New York/New Jersey.

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
for a potential explosive atmosphere on the vessel HIGHLAND FAITH, in 
the Port of New York/New Jersey. This action is necessary to protect 
investigating personnel, vessel repair personnel, the vessel HIGHLAND 
FAITH, and vessels in the vicinity of the vessel HIGHLAND FAITH, and 
the marine environment. This action is intended to restrict vessel 
traffic within a 2000-foot radius of the vessel HIGHLAND FAITH.

DATES: This rule is effective from 10:30 a.m. (e.s.t.) on December 12, 
2000, until 7 a.m. (e.s.t.) on January 1, 2001.

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 (CGD01-00-253) 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

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(8), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Good cause exists for not 
publishing an NPRM due to the fact that the safety zone is required due 
to an unforeseen potential explosive atmosphere and required vessel 
safety inspections and needed repairs. Any delay encountered in this 
regulation's effective date would be unnecessary and contrary to public 
interest since immediate action is needed to close the waterway and 
protect the inspection personnel, the vessel HIGHLAND FAITH and vessels 
in the vicinity of the HIGHLAND FAITH, and the marine environment.
    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: it is an unforeseen explosive atmosphere, and is needed to 
protect the inspection personnel, the vessel HIGHLAND FAITH and vessels 
in the vicinity of the HIGHLAND FAITH, and the marine environment.

Background and Purpose

    There is an ongoing potential explosive atmosphere in the Port of 
New York/New Jersey on the vessel HIGHLAND FAITH that began on December 
5, 2000. The Coast Guard is establishing a temporary moving safety zone 
to provide safety to personnel engaged in the vessel safety inspection 
and vessel repairs, and to vessels in the area. The safety zone is in 
effect from 10:30 a.m. (e.s.t.) on December 12, 2000, until 7 a.m. 
(e.s.t.) on January 1, 2001. The effective times of this safety zone 
may be extended or shortened depending on the time required to conduct 
the safety inspections and vessel repairs. The safety zone prevents 
vessels from transiting within a 2000-foot radius of the vessel 
HIGHLAND FAITH in the Port of New York/New Jersey. The size and 
duration of this zone may be expanded or contracted as required for oil 
spill recovery activities, safety inspections, and vessel repairs. 
Public notifications will be made by facsimile, broadcast notice to 
mariners, and to VTS users as required.

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).
    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 zone, and the unforeseen nature of the potential explosive 
atmosphere.
    The size of this safety zone was determined using the predicted 
explosive radius of the vessel.

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 may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in a portion of the Port of New York/New Jersey during the 
times 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: it is 
due to an unforeseen incident creating a potential explosive 
atmosphere, and the safety zone only closes the Port of New York/New 
Jersey within a 2000-foot radius of the vessel HIGHLAND FAITH while it 
is in the Port of New York/New Jersey. The size and duration of the 
zone may be expanded or contracted due to the results of the vessel 
safety inspection.

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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have

[[Page 81366]]

a significant economic impact on a substantial number of small entities 
as the zone will only be in effect for the time required to complete 
the vessel safety inspections and repairs on the vessel HIGHLAND FAITH 
while it is in the Port of New York/New Jersey.
    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 Agriculture 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

    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.

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 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--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.T01-253 to read as follows:


Sec. 165.T01-253  Safety Zone; Potential Explosive Atmosphere, Vessel 
Highland Faith, Port of New York/New Jersey.

    (a) Location. The following area is a safety zone: All waters of 
the Port of New York/New Jersey within a 2000-foot radius of the vessel 
HIGHLAND FAITH.
    (b) Effective period. This section is effective from 10:30 a.m. 
(e.s.t.) on December 12, 2000, until 7 a.m. (e.s.t.) on January 1, 
2001. The size and duration of this safety zone may be expanded or 
contracted due to the results of the vessel safety inspection.
    (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. 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: December 12, 2000.
R.E. Bennis,
Rear Admiral, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 00-32827 Filed 12-22-00; 8:45 am]
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