[Federal Register Volume 67, Number 127 (Tuesday, July 2, 2002)]
[Rules and Regulations]
[Pages 44364-44367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16630]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-062]
RIN 2115-AA97


Safety Zones; Port of New York and New Jersey.

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing five temporary safety zones 
for the Staten Island Yankees, Midland Beach, Museum of Modern Art, and 
Conference House Park fireworks displays located on the New Jersey 
Pierhead Channel, Lower New York Bay, the East River, and the Arthur 
Kill. 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 the affected waterways.

DATES: This rule is effective from 8 p.m. on Saturday, June 22, to 10 
p.m. on Sunday, July 7, 2002.

ADDRESSES: The Waterways Oversight Branch of Coast Guard Activities New 
York maintains the public docket for this rulemaking. 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 
CGD01-02-062 and are available for inspection or copying at Waterways 
Oversight Branch, 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 Commander M. Day, Waterways 
Oversight Branch, Coast Guard Activities New York at (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)(3), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Due to the date the 
Applications for Approval of Marine Event were received, there was 
insufficient time to draft and publish an NPRM. The Staten Island 
Yankees safety zone will have 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 events. The zone will only be enforced 
for 1 and a half hours; vessels can be given permission to transit the 
zone for all but 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.
    The Midland Beach safety zone will have minimal impact on Lower New 
York Bay. Vessels may still transit around the zone during the event. 
The zone will only be enforced for 1 and a half hours; vessels can be 
given permission to transit the zone for all but 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.
    The Museum of Modern Art safety zone will have minimal impact on 
the East River. Vessels may still transit through the eastern 350 feet, 
and the 350 feet between the western boundary of these safety zones and 
the eastern boundary of the United Nations security zone, of the 780-
yard wide East River during the event. The zone will only be enforced 
for 1and a half hours; vessels can be given permission to transit the 
zone for all but 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.
    An annual safety zone has been published for the Conference House 
Park fireworks on the Arthur Kill in 33 CFR 165.161 effective on July 
3, 4, and 5. The date for this year's event has been moved to July 6, 
2002. The zone will only be enforced for 1 and a half hours; vessels 
can be given permission to transit the zone for all but about 20 
minutes during this time. Further, it is an annual, local event, and 
recreational vessels may still transit through the

[[Page 44365]]

western 45 yards of the 625-yard wide Arthur Kill during the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard further finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. 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 waterways and 
protect the maritime public from the hazards associated with fireworks 
launched from a barge in the area.

Background and Purpose

Staten Island Yankees Fireworks Displays, New Jersey Pierhead Channel, 
NJ

    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 rule 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 will be enforced from 8 p.m. until 9:30 p.m. on Saturday, 
June 22, and Thursday, July 4, 2002. 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 these events. 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.
    The size of this safety zone was determined using National Fire 
Protection Association and New York City Fire Department standards for 
six inch mortars fired from a barge, combined with the Coast Guard's 
knowledge of tide and current conditions in the area.

Midland Beach Fireworks Display, Lower New York Bay

    The Coast Guard has received an application to hold a fireworks 
program on the waters of Lower New York Bay. This rule establishes a 
safety zone in all waters of Lower New York Bay within a 300-yard 
radius of the fireworks barge in approximate position 40 deg.34'12.0'' 
N 074 deg.04'29.6'' W (NAD 1983), about 800 yards southeast of Midland 
Beach. The safety zone will be enforced from 8:30 p.m. until 10 p.m. on 
Saturday, June 29, 2002. If the event is cancelled due to inclement 
weather, then this safety zone will be enforced from 8:30 p.m. until 10 
p.m. on Sunday, June 30, 2002. The safety zone prevents vessels from 
transiting a portion of Lower New York Bay 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 around 
the zone 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.
    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.

Museum of Modern Art Fireworks Display, East River, NY

    The Coast Guard has received an application to hold a fireworks 
program on the waters of the East River. This rule establishes two 
safety zones in all waters of the East River within a 180-yard radius 
of the fireworks barge in approximate position 40 deg.44'51.4'' N 
073 deg.57'42.9'' W (NAD 1983), about 215 yards southeast of Roosevelt 
Island and all waters bound by the following points: 40 deg.44'53.7'' N 
073 deg.57'49.3'' W; thence to 40 deg.45'06.8'' N 073 deg.57'39.1'' W; 
thence to 40 deg.45'00.7'' N 073 deg.57'27.0'' W; thence to 
40 deg.44'48.1'' N 073 deg.57'37.3'' W; (NAD 1983), thence to the point 
of origin, between the fireworks barge and the southern 295 yards of 
Roosevelt Island. These safety zones will be enforced from 8 p.m. until 
10 p.m. on Saturday, June 29. The safety zones prevent vessels from 
transiting a portion of the East River and are 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 350 feet, and the 350 feet between the western boundary of 
these safety zones and the eastern boundary of the United Nations 
security zone, of the 780-yard wide East River during the event. 
Additionally, vessels would not be precluded from mooring at or getting 
underway from commercial or recreational piers in the vicinity of the 
zones. Public notifications will be made prior to the event via the 
Local Notice to Mariners and Marine Information Broadcasts.
    The size of these safety zones was determined using National Fire 
Protection Association and New York City Fire Department standards for 
6 inch mortars fired from a barge, combined with the Coast Guard's 
knowledge of tide and current conditions in the area.

Conference House Fireworks Display, Arthur Kill, NJ/NY

    The Coast Guard has received an application to hold a fireworks 
program on the waters of the Arthur Kill. This rule establishes a 
safety zone in 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 300 yards west of Conference House 
Park, Staten Island. The safety zone will be enforced from 8:30 p.m. 
until 10 p.m. on Saturday, July 6, 2002. If the event is cancelled due 
to inclement weather, then this safety zone will be enforced from 8:30 
p.m. until 10 p.m. on Sunday, July 7, 2002. The safety zone prevents 
vessels from transiting a portion of the Arthur Kill and is needed to 
protect boaters from the hazards associated with fireworks launched 
from a barge in the area. Recreational vessels will still be able to 
transit through the western 45 yards of the 625-yard wide Arthur Kill 
during this event. Additionally, recreational vessels would not be 
precluded from mooring at or getting underway from 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.
    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.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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

[[Page 44366]]

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.
    This finding is based on: The minimal time that vessels will be 
restricted from the zones; the Conference House Fireworks is an annual, 
local event; recreational vessels may still transit around the zones 
during the events; the zones are only in effect for 1 and a half hours; 
and vessels can be given permission to transit the zone for all but 
about 20 minutes during this time. 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. 601-612), we have 
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 proposed 
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 or anchor in a portion of the New Jersey Pierhead Channel, 
Lower New York Bay, East River, and the Arthur Kill during the times 
these zones are activated.
    These safety zones will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
Conference House Fireworks is an annual, local event; recreational 
vessels may still transit around the zones during these events; 
commercial vessels may still transit around all the zones except in the 
Arthur Kill; the zones are only in effect for 1 and half hours; and 
vessels can be given permission to transit the zone for all but about 
20 minutes during this time. We will ensure wide dissemination of 
maritime advisories to users of the New Jersey Pierhead Channel, Lower 
New York Bay, East River, and the Arthur Kill via Local Notice to 
Mariners and marine information broadcasts.

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.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct cost of compliance on them. 
We have analyzed this rule under that Order and have determined that it 
does not have implications for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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 create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have 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.

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.

Environment

    We have 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 five safety zones. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects 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. From 8 p.m. June 22, 2002, to 10 p.m. July 7, 2002, add 
temporary Sec. 165.T01-062 to read as follows:


Sec. 165.T01-062  Safety Zones; Port of New York and New Jersey.

    (a) The following areas are established as safety zones:

[[Page 44367]]

    (1) New Jersey Pierhead Channel Safety Zone. (i) Location. 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).
    (ii) Enforcement period. Paragraph (a)(1)(i) will be enforced from 
8 p.m. to 9:30 p.m. on Saturday, June 22, and Thursday, July 4, 2002.
    (2) Lower New York Bay Safety Zone. (i) Location. All waters of 
Lower New York Bay within a 300-yard radius of the fireworks barge in 
approximate position 40 deg.34'12.0'' N 074 deg.04'29.6'' W, (NAD 1983) 
about 800 yards southeast of Midland Beach.
    (ii) Enforcement period. Paragraph (a)(2)(i) will be enforced from 
8:30 p.m. to 10 p.m. on Saturday, June 29, and Sunday, June 30, 2002.
    (3) East River Safety Zone--(i) Location. All waters of the East 
River within a 180-yard radius of the fireworks barge in approximate 
position 40 deg.44'51.4'' N 073 deg.57'42.9'' W (NAD 1983), about 215 
yards southeast of Roosevelt Island and all waters bound by the 
following points: 40 deg.44'53.7'' N 073 deg.57'49.3'' W; thence to 
40 deg.45'06.8'' N 073 deg.57'39.1'' W; thence to 40 deg.45'00.7'' N 
073 deg.57'27.0'' W; thence to 40 deg.44'48.1'' N 073 deg.57'37.3'' W; 
(NAD 1983), thence to the point of origin, between the fireworks barge 
and the southern 295 yards of Roosevelt Island.
    (ii) Enforcement period. Paragraph (a)(3)(i) will be enforced from 
8 p.m. to 10 p.m. on Saturday, June 29, 2002.
    (4) Arthur Kill Safety Zone--(i) Location. All waters of the Arthur 
Kill within a 300-yard radius of the fireworks barge in approximate 
position 40 deg.30'18.0'' N 074 deg.15'30'' W, (NAD 1983) about 300 
yards west of Conference House Park, Staten Island.
    (ii) Enforcement period. Paragraph (a)(4)(i) will be enforced from 
8:30 p.m. to 10 p.m. on Saturday, July 6, and Sunday, July 7, 2002.
    (b) 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: June 24, 2002.
C.E. Bone,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 02-16630 Filed 7-1-02; 8:45 am]
BILLING CODE 4910-15-P