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Safety Zone: Fireworks Display, Kill Van Kull, Staten Island, NY
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 6, 2001 (Volume 66, Number 109)]
[Rules and Regulations]
[Page 30317-30319]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn01-14]
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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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