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Safety Zones; Coast Guard Activities New York
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 14, 2002 (Volume 67, Number 157)]
[Rules and Regulations]
[Page 52864-52866]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au02-11]
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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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