[Federal Register Volume 76, Number 111 (Thursday, June 9, 2011)]
[Rules and Regulations]
[Pages 33639-33641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14327]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0222]
RIN 1625-AA00
Safety Zone; New York Water Taxi 10th Anniversary Fireworks,
Upper New York Bay, Red Hook, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary Final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Captain of the Port (COTP) Zone New York on the navigable waters of the
Upper New York Bay in the vicinity of Red Hook, New York for a
fireworks display. This temporary safety zone is necessary to ensure
the safety of vessels and spectators from hazards associated with
fireworks displays. Persons and vessels are prohibited from entering
into, transiting through, mooring, or anchoring within the temporary
safety zone unless authorized by the COTP New York or the designated
on-scene representative.
DATES: This rule is effective from 8:30 p.m. until 10 p.m. on June 21,
2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0222 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0222 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LTJG Eunice James, Coast Guard Sector
New York Waterways Management Division; 718-354-4163, e-mail
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
information regarding the dates and scope of the event in time to
publish a NPRM followed by a final rule before the effective date. The
sponsor was not aware of the requirements for submitting an application
for a marine event 135 days in advance, resulting in a late
notification. The sponsor is now aware of this requirement for all
future events. Nevertheless, the sponsor is unable to reschedule this
event due to other activities being held in conjunction with the
fireworks display. The safety zone is necessary to provide for the
safety of event participants, spectator craft, and other vessels
operating near the event area. For the safety concerns noted, it is in
the public interest to have these regulations in effect during the
event.
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. The rule must become effective on
the date specified above in order to provide for the safety of the
public including spectators and vessels operating in the area near the
fireworks display.
[[Page 33640]]
Background and Purpose
The fireworks event was planned by a private party to celebrate the
10th Anniversary of New York Water Taxi. The fireworks will commence at
9 p.m. on June 21, 2011 and will last approximately 10 minutes. This
event poses significant risk to participants, spectators and the
maritime public because of hazardous conditions associated with a
fireworks display. This temporary safety zone is necessary to ensure
the safety of these participants, spectators and vessels.
Discussion of Rule
This rule establishes a temporary safety zone on the waters of the
Upper New York Bay. The temporary safety zone will encompass all waters
of the Upper New York Bay in the vicinity of Red Hook, Brooklyn, NY,
within a 180 yards radius around position 40[deg]40'52'' N,
074[deg]01'39'' W (NAD 83) approximately 400 yards south of Governors
Island. All persons and vessels shall comply with the instructions of
the COTP New York or the designated representative. Entry into,
transiting, or anchoring within the temporary safety zone is prohibited
unless authorized by the COTP New York or the designated on-scene
representative. The COTP New York or the designated representative may
be reached on VFH Channel 16.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, as supplemented by Executive Order 13563,
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.
The Coast Guard's implementation of this temporary safety zone will
be of short duration and designed to minimize the impact to vessel
traffic on navigable waters. This safety zone will only be enforced for
90 minutes. Furthermore, vessels may be authorized to transit the zone
with permission of the COTP New York or the designated on-scene
representative.
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 may be
small entities: the owners and operators of vessels intending to
transit or anchor in a portion of the Upper New York Bay in the
vicinity of Governors Island and Red Hook, NY. The fireworks will
commence at 9 p.m. on June 21, 2011 and will last approximately 10
minutes.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic can safely transit around the zone. Before the effective
period, we will issue maritime advisories widely available to users of
the waterway. This rule will be in effect for only 90 minutes.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose 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 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 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,
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,
[[Page 33641]]
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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a temporary
safety zone on a portion of the Upper New York Bay during the launching
of fireworks. An environmental analysis checklist and a categorical
exclusion determination are available in the docket 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 amends
33 CFR Part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T01-0222 to read as follows:
Sec. 165.T01-0222 Safety Zone; New York Water Taxi 10th Anniversary
Fireworks, Upper New York Bay, Red Hook, NY.
(a) Location. The following area is a temporary safety zone: A 180
yard radius around position 40[deg]40'52'' N, 074[deg]01'39'' W in the
vicinity of Governors Island and Red Hook, NY on the Upper NY Bay.
(b) Enforcement period. This section will be enforced from 8:30
p.m. until 10 p.m. on June 21, 2011.
(c) Definitions. ``Designated on-scene representative'' means any
commissioned, warrant, and petty officer of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary, and local, state, and Federal law
enforcement vessels who have been authorized to act on behalf of the
COTP New York.
(d) Regulations.
(1) Entry into, transit through, mooring or anchoring within this
safety zone is prohibited unless authorized by the COTP New York or the
designated on-scene representative.
(2) Persons desiring to operate within the safety zone established
in this section may contact the COTP New York at telephone number 718-
354-4398 or via on-scene patrol personnel on VHF channel 16 to seek
permission to do so. If permission is granted, all persons and vessels
must still comply with the instructions of the COTP New York or the
designated on-scene representative.
Dated: May 23, 2011.
L.L. Fagan,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2011-14327 Filed 6-8-11; 8:45 am]
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