[Federal Register Volume 66, Number 42 (Friday, March 2, 2001)]
[Proposed Rules]
[Pages 13032-13034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5113]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-015]
RIN 2115-AA97


Safety Zone: Queens Millennium Concert Fireworks, East River, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for the Queens Millennium Concert Fireworks on the East River. 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 a portion of the East River.

DATES: Comments and related material must reach the Coast Guard on or 
before April 1, 2001.

ADDRESSES: You may mail comments and related material to Waterways 
Oversight Branch (CGD01-01-015), Coast Guard Activities New York, 212 
Coast Guard Drive, room 204, 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 204, Coast Guard 
Activities New York, between 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant M. Day, Waterways Oversight 
Branch, Coast Guard Activities New York (718) 354-4012.

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 (CGD01-01-
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 Coast Guard proposes to establish a temporary safety zone for 
the Queens Millennium Concert Fireworks on the East River. The safety 
zone encompasses all waters of the East River, within a 180-yard radius 
of the fireworks barge in approximate position 40 deg.44'43.3"N 
073 deg.57'43.2"W, about 240 yards east of Belmont Island.
    The proposed safety zone is effective from 9 p.m. (e.s.t.) until 
10:30 p.m. (e.s.t.) on May 19, 2001. There is no rain date for this 
event. The proposed safety zone prevents vessels from transiting a 
portion of the East River. It 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 transit to the west of Belmont 
Island through the western 340 yards of the East River. Additionally, 
vessels will not be precluded from mooring at or getting underway from 
recreational or commercial piers in the vicinity of the zone. No vessel 
may enter the safety zone without permission from the Captain of the 
Port, New York.
    This safety zone covers the minimum area needed and imposes the 
minimum restrictions necessary to ensure the protection of all vessels. 
Public notifications will be made prior to the

[[Page 13033]]

event via the 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 one and 
a half hour 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 Queens Millennium Concert 
Fireworks held in the East River. This event will be held on Saturday, 
May 19, 2001. There is no rain date for this event. 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. This safety zone covers the minimum area needed and 
imposes the minimum restrictions necessary to ensure the protection of 
all vessels.

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.
    This proposed safety zone would temporarily close a portion of the 
East River to vessel traffic; however, the impact of this regulation is 
expected to be minimal for the following reasons: the limited duration 
of the event; that vessels are not precluded from getting underway, or 
mooring at, public or private facilities in the vicinity of the event, 
the advance advisories that will be made to the maritime community; and 
marine traffic may still transit to the west of the zone during the 
event.

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 or anchor in a portion of the East River 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: the 
limited duration of the event; that vessels are not precluded from 
getting underway, or mooring at, public or private facilities in the 
vicinity of the event, the advance advisories that will be made to the 
maritime community; and marine traffic may still transit to the west of 
the zone during the event.
    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 (Public Law 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 M. Day, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4012.

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 Executive Order 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 Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed 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 
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:

[[Page 13034]]

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:


Sec. 165.T01-015  Safety Zone: Queens Millennium Concert Fireworks, 
East River, NY.

    (a) Location. The following area is a safety zone: All waters of 
the East River within a 180-yard radius of the fireworks barge in 
approximate position 40 deg.44 deg.43.3"N 073 deg.57'43.2"W (NAD 1983), 
about 240 yards east of Belmont Island.
    (b) Effective period. This section is effective from 9 p.m. 
(e.s.t.) until 10:30 p.m. (e.s.t.) on May 19, 2001.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) No vessels will be allowed to transit the safety zone without 
the permission of the Captain of the Port, New York.
    (3) 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: February 15, 2001.
P.A. Harris,
Captain, U.S. Coast Guard, Captain of the Port, New York, Acting.
[FR Doc. 01-5113 Filed 3-1-01; 8:45 am]
BILLING CODE 4910-15-U