[Federal Register Volume 66, Number 109 (Wednesday, June 6, 2001)]
[Rules and Regulations]
[Pages 30317-30319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14232]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-078]
RIN 2115-AA97


Safety Zone: Fireworks Display, Kill Van Kull, Staten Island, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
fireworks display located on the Kill Van Kull. 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 in a 
portion of the Kill Van Kull.

DATES: This rule is effective from 9 p.m. until 11:59 p.m. on June 24, 
2001.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (CGD01-01-078) 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)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Good cause exists for not 
publishing an NPRM due to the date the Application for Approval of 
Marine Event was received, there was insufficient time to draft and 
publish an NPRM. Further, it is a local event with minimal impact on 
the waterway, vessels may still transit through the northern 195 yards 
of the 390-yard wide Kill Van Kull during the event, the zone is only 
in effect for 3 hours and vessels can be given permission to transit 
the zone except for about 20 minutes during this time. Additionally, 
vessels would not be precluded from mooring at or getting underway from 
commercial or recreational piers in the vicinity of the zone. Any delay 
encountered in this regulation's effective date would be unnecessary 
and 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.
    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 a local event with minimal impact on the waterway, 
vessels may still transit through the northern 195 yards of the 390-
yard wide Kill Van Kull during the event, the zone is only in effect 
for 3 hours and vessels can be given permission to transit the zone 
except for about 20 minutes during this time. Additionally, vessels 
would not be precluded from mooring at or getting underway from 
commercial or recreational piers in the vicinity of the zone.

Background and Purpose

    The Coast Guard has received an application to hold a fireworks 
program on the waters of the Kill Van Kull. This regulation establishes 
a safety zone in all waters of the Kill Van Kull within a 180-yard 
radius of the fireworks barge in approximate position 40 deg.38'58.4"N, 
074 deg.04'41.0"W (NAD 1983), about 280

[[Page 30318]]

yards northwest of the Staten Island Ferry Terminal. The safety zone is 
in effect from 9 p.m. until 11:59 p.m. on Sunday, June 24, 2001. The 
safety zone prevents vessels from transiting a portion of the Kill Van 
Kull 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 northern 195 yards of the 390-yard wide 
Kill Van Kull during this event. Additionally, vessels would not be 
precluded from mooring at or getting underway from commercial or 
recreational piers in the vicinity of the zone. Public notifications 
will be made prior to the event via the Local Notice to Mariners, 
Marine Information and Facsimile Broadcasts.

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, that vessels may still transit through the northern 195 
yards of the 390-yard wide Kill Van Kull during the event, vessels 
would not be precluded from mooring at or getting underway from 
commercial or recreational piers in the vicinity of the zone, and 
advance notifications, which will be made.
    The size of this safety zone was determined using National Fire 
Protection Association and New York City Fire Department standards for 
6" mortars fired from a barge combined with the Coast Guard's knowledge 
of tide and current conditions in the area.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant M. Day (see FOR 
FURTHER INFORMATION CONTACT).
    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).

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 Kill Van Kull 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 a 
local event with minimal impact on the waterway, vessels may still 
transit through the northern 195 yards of the 395-yard wide Kill Van 
Kull during the event, the zone is only in effect for 3 hours and 
vessels can be given permission to transit the zone except for about 20 
minutes during this time. Additionally, vessels would not be precluded 
from mooring at or getting underway from commercial or recreational 
piers in the vicinity of the zone. Before the effective period, public 
notifications will be made via Local Notice to Mariners, Marine 
Information and Facsimile Broadcasts, which are widely available to 
users of the Kill Van Kull.

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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments. A 
rule with tribal implications has a substantial direct effect on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

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

[[Page 30319]]

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.T01-078 to read as follows:


Sec. 165.T01-078  Safety Zone: Fireworks Display, Kill Van Kull, Staten 
Island, NY.

    (a) Location. The following area is a safety zone: All waters of 
the Kill Van Kull within a 180-yard radius of the fireworks barge in 
approximate position 40 deg.38'58.4"N, 074 deg.04'41.0"W (NAD 1983), 
about 280 yards northwest of the Staten Island Ferry Terminal.
    (b) Effective period. This section is effective from 9 p.m. until 
11:59 p.m. on June 24, 2001.
    (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: May 20, 2001.
P.A. Harris,
Captain, U.S. Coast Guard, Captain of the Port, New York, Acting.
[FR Doc. 01-14232 Filed 6-5-01; 8:45 am]
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