[Federal Register Volume 64, Number 129 (Wednesday, July 7, 1999)]
[Proposed Rules]
[Pages 36633-36635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17186]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-094]
RIN 2115-AA97


Safety Zone: Staten Island Fireworks, Lower New York Bay and 
Raritan Bay

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish two temporary safety 
zones for Staten Island fireworks displays located on Lower New York 
Bay and Raritan Bay. This action is necessary to provide for the safety 
of life on navigable waters during the events. This action is intended 
to restrict vessel traffic in a portion of Lower New York Bay and in 
one of Raritan Bay.

DATES: Comments must reach the Coast Guard on or before August 23, 
1999.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch 
(CGD01-99-094), Coast Guard Activities New York, 212 Coast Guard Drive, 
Staten Island, New York 10305, or deliver them to room 205 at the same 
address between 8 a.m. and 3 p.m., Monday through Friday, except 
federal holidays.
    The Waterways Oversight Branch of Coast Guard Activities New York 
maintains the public docket for this rulemaking. Comments, and 
documents as indicated in this preamble, 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

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD01-99-094) and the specific section of 
this document to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Waterways Oversight Branch at the 
address under ADDRESSES. The request should include the reasons why a 
hearing would be beneficial. If it determines that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a public hearing at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    The fireworks programs are being sponsored by the Borough of Staten 
Island. This proposed rule would establish two temporary safety zones. 
First, in all waters of Lower New York Bay within a 360-yard radius of 
the fireworks barge located in approximate position 40 deg.35'11''N, 
074 deg.03'42''W (NAD 1983), about 350 yards east of South Beach, 
Staten Island. The safety zone would be in effect from 8:30 p.m. until 
10 p.m. on August 28, 1999. The rain date for this event would be 
August 29, 1999, at the same time and place. Second, in all waters of 
Raritan Bay in the vicinity of the Raritan River Cutoff and Ward Point 
Bend (West) within a 240-yard radius of the fireworks barge in 
approximate position 40 deg.30'04''N, 074 deg.15'35''W (NAD 1983), 
about 240 yards east of Raritan River Cutoff Channel Buoy 2 (LLNR 
36595). The safety zone would be effective from 8:30 p.m. until 10 p.m. 
on September 4, 1999. The rain date of this event would be September 5, 
1999, at the same time and place. The safety zones would prevent 
vessels from transiting a portion of lower New York Bay and Raritan Bay 
in the vicinity of the Raritan River Cutoff, Ward Point Bend (West). 
The safety zones are needed to protect boaters from the hazards 
associated with fireworks launched from two barges in the area. Marine 
traffic would still be able to transit through Lower New York Bay 
during the event off South Beach on September 4, 1999. Marine traffic 
would still be able to transit through the eastern 140 yards of the 
230-yard wide Ward Point Bend (West) during the event on September 4, 
1999. Traffic that could not transit through the closed Raritan River 
Cutoff would transit through Ward Point Bend (West) by using South 
Amboy Reach, Great Beds Reach, Ward Point Secondary Channel, and Ward 
Point Bend (East). Additionally, vessels would not be precluded from 
mooring at or getting underway from any marinas or piers at Perth 
Amboy, New Jersey, during the display in the Raritan River Cutoff. 
Public notifications will be made before the event by the Local Notice 
to Mariners and marine information broadcasts. The Coast Guard is 
limiting the comment period for this NPRM to 45 days because the 
proposed safety zones are only for one-and-a-half-hour-long local 
events.

Discussion of Proposed Rule

    The proposed safety zones are for Staten Island Summer fireworks 
displays held on Lower New York Bay and Raritan Bay. These events will 
be held on August 28, 1999, on Lower New York Bay and on September 4, 
1999, on Raritan Bay. If the events are cancelled for inclement 
weather, then the events will be held on the following day. 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 these events.

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. It has not been reviewed by the Office of Management and 
Budget 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 proposed 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 and zone and on the facts 
that vessels would not be precluded from getting under way, or mooring 
at, the marinas and piers in Perth Amboy, New Jersey; that marine 
traffic could still be able to transit through Lower New York Bay 
during the display on August 28, 1999; that marine traffic would safely 
transit to the east of the zone on September 4, 1999; and that advance 
notifications which will be made to be local maritime community by the 
Local Notice to Mariners and marine information broadcasts.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposed rule, if adopted, will 
have a significant economic impact on a substantial number of small 
entities. ``Small entities'' include 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.
    For reasons stated in the Regulatory Evaluation section above, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule, if 
adopted, will

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not have a significant economic impact on a substantial number of small 
entities. If, however, you think that your business or organization 
qualifies as a small entity and that this proposed rule will have a 
significant economic impact on your business or organization, please 
submit a comment (see ADDRESSES) explaining why you think it qualifies 
and in what way and to what degree this proposed rule will economically 
affect it.

Colleciton of Information

    This proposed rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

Federalism

    The Coast Guard has analyzed this proposed rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposed rule does not have sufficient 
implications for federalism to warrant the preparation of a Federalism 
Assessment.

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub. 
L. 104-4, 109 Stat. 48] requires Federal agencies to assess the effects 
of certain regulatory actions on State, local, and tribal governments, 
and the private sector. UMRA requires a written statement of economic 
and regulatory alternatives for rules that contain Federal mandates. A 
``Federal mandate'' is a new or additional enforceable duty imposed on 
any State, local, or tribal government, or the private sector. If any 
Federal mandate causes those entities to spend, in the aggregate, $100 
million or more in any one year, the UMRA analysis is required. This 
proposed rule would not impose Federal mandates on any State, local, or 
tribal governments, or the private sector.

Environment

    The Coast Guard has considered the environmental impact of this 
proposed 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. A written 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.

Proposed Regulation

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 165 as follows:

PART 165--[AMENDED]

    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. Section 165.100 is also issued 
under authority of Sec. 311, Pub. L. 105-383.

    2. Add temporary Sec. 165.T01-094 to read as follows:


Sec. 165.T01-094  Safety Zone: Staten Island Fireworks, Lower New York 
Bay and Raritan Bay.

    (a) Safety Zone A:
    (1) Location. All waters of Lower New York Bay within a 360-yard 
radius of the fireworks barge in approximate position 40 deg.35'11'' 
N., 074 deg.03'42'' W. (NAD 1983), about 350 yards east of South Beach, 
Staten Island.
    (2) Effective period. This paragraph (a) is effective from 8:30 
p.m. until 10 p.m. on August 28, 1999. If the event is canceled for 
inclement weather, then this paragraph is effective from 8:30 p.m. 
until 10 p.m. on August 29, 1999.
    (b) Safety Zone B:
    (1) Location. All waters of Raritan Bay in the vicinity of the 
Raritan River Cutoff and Ward Point Bend (West) within a 240-yard 
radius of the fireworks barge in approximate position 40 deg.30'04'' 
N., 074 deg.15'35'' W. (NAD 1983), about 240 yards east of Raritan 
River Cutoff Channel Buoy 2 (LLNR 36595).
    (2) Effective period. This paragraph (b) is effective from 8:30 
p.m. until 10 p.m. on September 4, 1999. If the event is canceled for 
inclement weather, then this paragraph is effective from 8:30 p.m. 
until 10 p.m. on September 5, 1999.
    (c) Effective Period. This section is effective from 8:30 p.m. on 
August 28, 1999, until 10 p.m. on September 5, 1999.
    (d) 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: June 23, 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-17186 Filed 7-6-99; 8:45 am]
BILLING CODE 4910-15-M