[Federal Register Volume 67, Number 157 (Wednesday, August 14, 2002)]
[Rules and Regulations]
[Pages 52864-52866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20624]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-093]
RIN 2115-AA97


Safety Zones; Coast Guard Activities New York

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones for 
the Hudson Riverway Grand Opening located on the Hudson River and 
Midland Beach Fireworks located on Lower New York Bay. 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 the 
affected waterways.

DATES: This rule is effective from 4 p.m. on August 10, 2002, to 10 
p.m. on August 18, 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 
CGD01-02-093 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 E. Morton, 
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 
Application for Approval of Marine Event was received, there was 
insufficient time to draft and publish an NPRM. A permanent safety zone 
has been published at 33 CFR 100.122 for the Hudson Riverway Waterski 
show on the Hudson River effective on the first Sunday after July 4th. 
The date for this year's event has been moved to August 10, 2002. The 
zone will only be enforced for one hour and 45 minutes, which is a much 
shorter period than in previous years. Further, it is an annual, local 
event. The City of Albany is closing the public boat launch located 
within the safety zone during this event.
    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 one and one 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.
    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 
rule'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 a water 
ski show in confined waters and fireworks launched from a barge in the 
area.

Background and Purpose

    The Coast Guard received an application to hold a water ski show on 
the waters of the Hudson River. This rule would establish a safety zone 
in all waters of the Hudson River from the Dunn Memorial Bridge (river 
mile 145.4) to the Albany Rensselaer Swing Bridge (river mile 146.2). 
The safety zone would be enforced from 4 p.m. until 5:45 p.m. on 
Saturday, August 10, 2002. The safety zone would prevent vessels from 
transiting a portion of the Hudson River and is needed to protect 
boaters from the hazards associated with a water ski show held in the 
area. There are no commercial or recreational piers within the zone. 
The City of Albany is closing the public boat launch located within the 
safety zone during this event. Public notifications will be made prior 
to the event via the Local Notice to Mariners and Marine Information 
Broadcasts.
    This safety zone covers the minimum area needed and imposes the 
minimum restrictions necessary to ensure the protection of all vessels 
and water ski show participants.
    The Coast Guard received an application to hold a fireworks program 
on the waters of Lower New York Bay. This rule would establish 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 would be enforced from 8:30 p.m. until 10 p.m. 
on Saturday, August 17, 2002. If the event is cancelled due to 
inclement weather, then this safety zone would be enforced from 8:30 
p.m. until 10 p.m. on Sunday, August 18, 2002. The safety zone would 
prevent 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 would still be able 
to transit around the zone 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.
    The size of this safety zone was determined using National Fire 
Protection Association and New York City Fire Department standards for 
ten 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 
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 would be 
restricted from the zones; the Hudson Riverway water ski show is an 
annual, local event; the zone is only in effect for one hour and 45 
minutes, which is less than half the enforcement period in previous 
years; there are no commercial or recreational piers within the zone; 
and the City of Albany is closing the public boat launch located within 
the safety

[[Page 52865]]

zone during this event. The Midland Beach Fireworks zone is only in 
effect for one and one 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 
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 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 Hudson River and Lower New York 
Bay during the time 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 
Hudson Riverway water ski show is an annual, local event of relatively 
short duration; there are no commercial or recreational piers within 
the zone; the minimal time that vessels will be restricted from the 
zones; and the City of Albany is closing the public boat launch located 
within the safety zone during this event. Recreational vessels may 
still transit around the Midland Beach zone during the event and will 
not be precluded from mooring at or getting underway from piers in the 
vicinity of the zone; the zone is only in effect for one and one 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 Hudson River and 
Lower New York Bay via the 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 (Public Law 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 two safety zones. 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.

    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, and 160.5; 49 CFR 1.46.

    2. From 4 p.m. August 10, 2002, to 10 p.m. August 18, 2002, add 
temporary Sec. 165.T01-093 to read as follows:


Sec. 165.T01-093  Safety Zones; Coast Guard Activities New York.

    (a) The following areas are established as safety zones:
    (1) Hudson Riverway Water Ski Show. (i) Location. All waters of the 
Hudson River from the Dunn Memorial Bridge (river mile 145.4) to the 
Albany Rensselaer Swing Bridge (river mile 146.2).
    (ii) Enforcement period. Paragraph (a)(1)(i) of this section will 
be enforced from 4 p.m. to 5:45 p.m. on Saturday, August 10, 2002.

[[Page 52866]]

    (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) of this section will 
be enforced from 8:30 p.m. to 10 p.m. on Saturday, August 17, 2002. In 
the event of inclement weather on that date, this section will be 
enforced from 8:30 p.m. to 10 p.m. on Sunday, August 18, 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: July 25, 2002.
C.E. Bone,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 02-20624 Filed 8-9-02; 4:02 pm]
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