[Federal Register Volume 65, Number 79 (Monday, April 24, 2000)]
[Proposed Rules]
[Pages 21686-21688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10153]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-015]
RIN 2115-AA97


Safety Zone: Staten Island Fireworks, Arthur Kill

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish two temporary safety 
zones on the Arthur Kill for two Borough of Staten Island Fireworks 
displays. 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 on a portion of the Arthur Kill.

DATES: Comments and related material must reach the Coast Guard on or 
before June 23, 2000.

ADDRESSES: You may mail comments and related material to Waterways 
Oversight Branch (CGD01-00-015), Coast Guard Activities New York, 212 
Coast Guard Drive, room 205, Staten Island, New York 10305. 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, will become part of this docket and will 
be available for inspection or copying at room 205, Coast Guard 
Activities New York, between 8 a.m. and 3 p.m., Monday through Friday, 
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4193.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-00-
015), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Waterways Oversight Branch at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    The Borough of Staten Island has submitted an Application for 
Approval of a Marine Event for a fireworks display on the Arthur Kill. 
This proposed regulation establishes a temporary safety zone in all 
waters of the Arthur Kill, Ward Point Bend (West), and the Raritan 
River Cutoff, 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 
250 yards northwest of Raritan Bay Channel Buoy 60 (LLNR 36319). The 
proposed safety zone would be effective from 8:15 p.m. (e.s.t.) until 
9:45 p.m. (e.s.t.) on July 2, and September 2, 2000. If either event is 
cancelled due to inclement weather, then this proposed safety zone 
would be effective from 8:15 p.m. (e.s.t.) until 9:45 p.m. (e.s.t.) on 
July 3, and September 3, 2000. The proposed safety zone prevents 
vessels from transiting a portion of the Arthur Kill, Ward Point Bend 
(West), and the Raritan River Cutoff for approximately 45 minutes of 
the 90 minute long event, and is needed to protect boaters from the 
hazards associated with fireworks launched from a barge in the area. 
Public notifications will be made prior to the events via local notice 
to mariners, and marine information broadcasts.

Discussion of Proposed Rule

    The proposed safety zone is for the Borough of Staten Island 
Fireworks displays held on the Arthur Kill. This event will be held on 
Sunday, July 2, and Saturday, September 2, 2000, from 8:15 p.m. 
(e.s.t.) until 9:45 p.m. (e.s.t.). If either event is canceled due to 
inclement weather, then the event will be held on Monday, July 3, and 
Sunday, September 3, 2000, from 8:15 p.m. (e.s.t.) until 9:45 p.m. 
(e.s.t.). This rule is being proposed to provide for the safety of life 
on navigable waters during the events and to give the marine community 
the opportunity to comment on this event.
    The proposed size of this safety zone was determined using National 
Fire

[[Page 21687]]

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 proposed 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).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    Although this regulation prevents traffic from transiting a portion 
of the Arthur Kill during the event, the effect of this regulation will 
not be significant for several reasons: commercial facilities in the 
Arthur Kill and the Sandy Hook Pilots Association will be notified of 
this proposal, recreational vessels will be able to transit through the 
western 50 yards of the Arthur Kill during the event, recreational 
vessels would not be precluded from getting underway, or mooring at, 
any piers or marinas currently located in the vicinity of the safety 
zone, and advance notifications which will be made to the local 
maritime community by the Local Notice to Mariners, and marine 
information broadcasts. Additionally, commercial vessels will normally 
be precluded from entering the zone for only a 45-minute period during 
the effective period of the safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed 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 would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit a portion of the Arthur Kill, Ward Point Bend 
(West), and the Raritan River Cutoff during the time this zone is 
activated.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: 
commercial facilities in the Arthur Kill and the Sandy Hook Pilots 
Association will be notified of this proposal, recreational vessels 
will be able to transit through the western 50 yards of the Arthur Kill 
during these times. Recreational vessels would not be precluded from 
getting underway, or mooring at, any piers or marinas currently located 
in the vicinity of the proposed safety zone. Additionally, commercial 
vessels will normally be precluded from entering the zone for only a 
45-minute period during the effective period of the safety zone.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4193.

Collection of Information

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

Federalism

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    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 costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 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.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation. This proposed rule fits 
paragraph 34(g) as it establishes a safety zone. A ``Categorical 
Exclusion Determination'' is 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 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. Add temporary Sec. 165.T01-015 to read as follows:

[[Page 21688]]

Sec. 165.T01-015  Safety zone: Staten Island fireworks, Arthur Kill.

    (a) Location. The following area is a safety zone: All waters of 
the Arthur Kill within a 300-yard radius of the fireworks barge in 
approximate position 40 deg.3018 N 074 deg.1500 W (NAD 1983), about 250 
yards northwest of Raritan Bay Channel Buoy 60 (LLNR 36319).
    (b) Effective Period. This section is effective from 8:15 p.m. 
(e.s.t.) until 9:45 p.m. (e.s.t.) on July 2, and from 8:15 p.m. 
(e.s.t.) until 9:45 p.m. (e.s.t.) on September 2, 2000. If either event 
is cancelled due to inclement weather, then this section is effective 
from 8:15 p.m. (e.s.t.) until 9:45 p.m. (e.s.t.) on July 3, and 8:15 
p.m. (e.s.t.) until 9:45 p.m. (e.s.t.) on September 3, 2000.
    (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: April 7, 2000.
R.E. Bennis
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 00-10153 Filed 4-21-00; 8:45 am]
BILLING CODE 4910-15-U