Ports and waterways safety: Lower New York Bay and Raritan Bay, NY; safety zone,
[Federal Register: July 7, 1999 (Volume 64, Number 129)]
[Proposed Rules]
[Page 36633-36635]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy99-36]
DEPARTMENT OF TRANSPORTATION
Coast Guard
[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.
[[Page 36634]]
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
[[Page 36635]]
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]
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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.
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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. 99-17186Filed7-6-99; 8:45 am]
BILLING CODE 4910-15-M
