[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Rules and Regulations]
[Pages 31233-31235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13325]
[[Page 31233]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-1091]
RIN 1625-AA00
Safety Zone; Underwater Hazard, Gravesend Bay, Brooklyn, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent safety zone within
the waters of Gravesend Bay, Brooklyn, New York. This safety zone is
necessary to provide for the protection of the maritime public and
safety of navigation from recently discovered underwater explosive
hazards in Gravesend Bay. This action will restrict unauthorized
persons and vessels from traveling through or conducting underwater
activities within a portion of Gravesend Bay until recently discovered
military munitions are rendered safe and removed from the area. Entry
into this zone is prohibited unless authorized by the Captain of the
Port (COTP) New York or the designated on-scene representative.
DATES: This rule is effective on June 30, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-1091 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-1091 in the ``Keyword''
box, and then clicking ``Search.'' This material is 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 rule,
call or e-mail LTJG Eunice James, Coast Guard; telephone (718) 354-
4163, e-mail [email protected]. If you have questions on viewing
or submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 8, 2011, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; Underwater Hazard, Gravesend Bay,
Brooklyn, NY'' in the Federal Register (76 FR 6728). We received no
comments on the proposed rule. A public meeting was not requested and
none was held.
Basis and Purpose
In response to media reports of military munitions found in
Gravesend Bay by civilian divers, U.S. Navy Explosive Ordnance Disposal
divers from Naval Weapons Station Earle conducted underwater surveys
and confirmed the location of munitions on the bottom of Gravesend Bay.
The munitions consist of approximately 1500 rounds of 20mm ammunition,
one 3-inch diameter projectile and two cartridge casings. The (COTP)
New York has established a temporary safety zone under docket number
USCG-2010-1126 as an interim measure while this long-term rulemaking
process is pursued.
In the interest of public safety, the U.S. Navy has requested that
the Coast Guard limit access to the location in Gravesend Bay where the
munitions are located until the ordnance can be rendered safe and
removed.
This safety zone is necessary to ensure the safety of mariners,
vessels, and civilian divers from the potential hazards associated with
unexploded military munitions.
Background
The COTP New York is establishing a safety zone around the location
of an unexploded munitions site to ensure the safety of mariners and
vessels transiting near the location of the ordnance as well as divers
intending to dive in the area.
The safety zone encompasses all waters of Gravesend Bay within 110-
yard radius of position 40[deg]36'30'' N, 074[deg]02'14'' W (NAD 83),
approximately 70-yards southeast of the Verrazano Bridge Brooklyn
tower.
Entry into the safety zone by any person or vessel will be
prohibited unless specifically authorized by the COTP New York, or the
designated on-scene representative. Persons desiring to enter the
safety zone may request permission to enter from the Coast Guard COTP
via VHF Channel 16 or by contacting the Sector New York Command Center
at (718) 354-4353.
The Coast Guard advises that entry into, transiting, diving,
dredging, dumping, fishing, trawling, conducting salvage operations,
remaining within or anchoring in this safety zone is prohibited unless
authorized by the COTP New York or the designated on-scene
representative.
The ``designated on-scene representative'' is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
COTP New York to act on her behalf.
Discussion of Comments and Changes
The Coast Guard received no comments on the proposed rulemaking. No
changes were made to the final rule.
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, Regulatory Planning and Review, as
supplemented by Executive Order 13563, 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.
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 or operators of vessels intending entering
into, transiting through, diving, dredging, dumping, fishing, trawling,
conducting salvage operations, remaining within or anchoring in a
portion of Gravesend Bay.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
safety zone will limit access to a relatively small portion of the
waterway. Vessel traffic can safely transit around the safety zone.
Before the activation of the zone, we will issue maritime advisories
widely available to users of the waterway in the vicinity of Gravesend
Bay.
If you think that your business, organization, or governmental
[[Page 31234]]
jurisdiction qualifies as a small entity and that this rule will 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), in the NPRM 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.
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 (adjusted for
inflation) 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 cause 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,
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 safety zone
to restrict unauthorized persons and vessels from entering into,
transiting through, diving, dredging, dumping, fishing, trawling,
conducting salvage operations, remaining within or anchoring within a
portion of Gravesend Bay until recently discovered military munitions
are rendered safe and removed from the area.
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, and 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. 165.172 to read as follows:
Sec. 165.172 Safety Zone; Underwater Hazard, Gravesend Bay, Brooklyn,
NY.
(a) Location. The following area is a safety zone: All navigable
waters of Gravesend Bay within a 110-yard radius
[[Page 31235]]
of a point in position 40[deg]36'30'' N, 074[deg]02'14'' W (NAD 83),
approximately 70-yards southeast of the Verrazano Bridge Brooklyn
tower.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) Entering into, transiting through, diving, dredging, dumping,
fishing, trawling, conducting salvage operations, remaining within or
anchoring within this safety zone is prohibited unless authorized by
the Captain of the Port (COTP) New York or the designated on-scene
representative.
(3) The ``designated on-scene representative'' is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
COTP New York.
(4) Vessel operators desiring to enter or operate within the safety
zone may contact the COTP New York or the designated representative at
the Coast Guard Sector New York Command Center via VHF Channel 16 or by
phone at (718) 354-4353 to request permission.
(5) Vessel operators given permission to enter or operate in the
safety zone must comply with all directions given to them by the COTP
New York or the on-scene representative.
Dated: May 11, 2011.
L.L. Fagan,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2011-13325 Filed 5-27-11; 8:45 am]
BILLING CODE 9110-04-P