[Federal Register Volume 64, Number 223 (Friday, November 19, 1999)]
[Proposed Rules]
[Pages 63267-63268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30268]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-182]
RIN 2115-AA97


Safety Zone: New York Cruise Lines Fireworks, New York Harbor, 
Upper Bay

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
in Federal Anchorage 20C, New York Harbor, Upper Bay, for the New York 
Cruise Lines Fireworks display. 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 Federal Anchorage 20C.

DATES: Comments must reach the Coast Guard on or before December 20, 
1999.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch 
(CGD01-99-182), 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 (CGD01-99-182) 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

    Fireworks by Grucci has submitted an Application for Approval of a 
Marine Event for a fireworks display on the waters of Upper New York 
Bay in Federal Anchorage 20C. This proposed regulation establishes a 
temporary safety zone in all waters of Upper New York Bay in Federal 
Anchorage 20C within a 360-yard radius of the fireworks barge in 
approximate position 40 deg.41'16.6''N 074 deg.02'23''W (NAD 1983), 
approximately 360 yards east of Liberty Island, New York. The proposed 
safety zone would be effective from 10:30 p.m. Friday, December 31, 
1999, to 12:45 a.m. Saturday, January 1, 2000. The rain date for this 
event would be 10:30 p.m. Saturday, January 1, 2000, to 12:45 a.m. 
Sunday, January 2, 2000, at the same location. The proposed safety zone 
prevents vessels from transiting a portion of Federal Anchorage 20C, 
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 anchor in the unaffected northern and southern portions of 
Federal Anchorage 20C. Federal Anchorages 20A and 20B, to the north, 
and Federal Anchorages 20D and 20E, to the south, are also available 
for vessel use. Marine traffic will still be able to transit through 
Anchorage Channel, Upper Bay, during the event as the proposed safety 
zone only extends 125 yards into the 925-yard wide channel. The Captain 
of the Port does not anticipate any negative impact on vessel traffic 
due to this event. Public notifications will be made prior to the event 
via local notice to mariners, and marine information broadcasts. The 
Coast Guard is limiting the comment period for this NPRM to 30 days 
because the proposed safety zone is only for a two hour and fifteen 
minute long local event and it should have negligible impact on vessel 
transits. The Coast Guard expects to receive no comments on this NPRM 
due to the limited duration of the event and the fact that it should 
not interfere with vessel transits.

Discussion of Proposed Rule

    The proposed safety zone is for the New York Cruise Lines Fireworks 
display held on the Upper New York Bay in Federal Anchorage 20C. This 
event will be held on Friday, December 31, 1999. The rain date for this 
event is Saturday, January 1, 2000, at the same time and place. This 
rule is being proposed to provide for the safety of life on navigable 
waters during the event and to give the marine community the 
opportunity to comment on this event.

[[Page 63268]]

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. Although this regulation prevents 
traffic from transiting a portion of the Upper New York Bay, Federal 
Anchorage 20C during the event, the effect of this regulation will not 
be significant for several reasons: the minimal time that vessels will 
be restricted from the area, that vessels may safely anchor to the 
north and south of the zone, that vessels may still transit through 
Anchorage Channel during the event, and advance notifications which 
will be made to the 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 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.

Collection 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 13132 and has 
determined that this proposed rule does not have implications for 
federalism under that Order.

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.

    2. Add temporary Sec. 165.T01-182 to read as follows:


Sec. 165.T01-182  Safety Zone: New York Cruise Lines Fireworks, New 
York Harbor, Upper Bay.

    (a) Location. The following area is a safety zone: All waters of 
New York Harbor, Upper Bay within a 360-yard radius of the fireworks 
barge in approximate position 40 deg.41'16.5''N 074 deg.02'23''W (NAD 
1983), approximately 360 yards east of Liberty Island, New York.
    (b) Effective period. This section is effective from 10:30 p.m. 
Friday, December 31, 1999, to 12:45 a.m. Saturday, January 1, 2000. If 
the event is canceled due to inclement weather, then this section would 
be effective from 10:30 p.m. Saturday, January 1, 2000, to 12:45 a.m. 
Sunday, January 2, 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: November 9, 1999.
R.E. Bennis,
Captain, U. S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-30268 Filed 11-18-99; 8:45 am]
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