[Federal Register Volume 66, Number 141 (Monday, July 23, 2001)]
[Rules and Regulations]
[Pages 38157-38158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18244]



[[Page 38157]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-118]
RIN 2115-AA97


Safety Zone: Fireworks Display, New Jersey Pierhead Channel and 
Kill Van Kull

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 in the New Jersey Pierhead Channel and 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 New Jersey Pierhead Channel and Kill 
Van Kull.

DATES: This rule is effective from 9:15 p.m. until 10:45 p.m. on July 
25, 2001.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (CGD01-01-118) 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 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 eastern 260 yards 
of the 600-yard wide New Jersey Pierhead Channel, and the southern 360 
yards of the 400-yard wide Kill Van Kull during the event. The zone is 
only in effect for one and one half hours and vessels can be given 
permission to transit the zone except for about 15 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 eastern 260 yards of the 600-yard 
wide New Jersey Pierhead Channel, and the southern 360 yards of the 
400-yard wide Kill Van Kull during the event; the zone is only in 
effect for one and one half hours and vessels can be given permission 
to transit the zone except for about 15 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 New Jersey Pierhead Channel and Kill Van 
Kull. This regulation establishes a safety zone in all waters of the 
New Jersey Pierhead Channel and Kill Van Kull within a 180-yard radius 
of the fireworks barge in approximate position 40 deg.39'13.5" N, 
074 deg.04'39.1" W (NAD 1983), about 125 yards southeast of the New 
Jersey Pierhead South Entrance Lighted Gong Buoy 1 (LLNR 37010). The 
safety zone is in effect from 9:15 p.m. until 10:45 p.m. on Wednesday, 
July 25, 2001. The safety zone prevents vessels from transiting a 
portion of the New Jersey Pierhead Channel and 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 eastern 260 yards of the 600-yard wide New Jersey 
Pierhead Channel and through the southern 360 yards of the 400-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 and 
Marine Information 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 eastern 260 
yards of the 600-yard wide New Jersey Pierhead Channel and the southern 
360 yards of the 400-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.

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 
a portion of the New Jersey Pierhead Channel and 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 eastern 260 yards of the 600-yard wide New Jersey 
Pierhead Channel and the southern 360 yards of the 400-yard wide Kill 
Van Kull during the event. The zone is only in effect for one and one 
half hours and vessels can be given

[[Page 38158]]

permission to transit the zone except for about 15 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 the Local Notice to Mariners and Marine Information 
Broadcasts, which are widely available to users of the New Jersey 
Pierhead Channel and 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 M16475.1D, 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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.T01-118 to read as follows:


Sec. 165.T01-118  Safety Zone: Fireworks Display, New Jersey Pierhead 
Channel and Kill Van Kull.

    (a) Location. The following area is a safety zone: All waters of 
the New Jersey Pierhead Channel and Kill Van Kull within a 180-yard 
radius of the fireworks barge in approximate position 40 deg.39'13.5" 
N, 074 deg.04'39.1" W (NAD 1983), about 125 yards southeast of the New 
Jersey Pierhead South Entrance Lighted Gong Buoy 1 (LLNR 37010).
    (b) Effective period. This section is effective from 9:15 p.m. 
until 10:45 p.m. on July 25, 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: July 12, 2001.
P.A. Harris,
Captain, U.S. Coast Guard, Acting Captain of the Port, New York.
[FR Doc. 01-18244 Filed 7-20-01; 8:45 am]
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