Ports and waterways safety: New York Harbor, NY; safety zone,
[Federal Register: November 19, 1999 (Volume 64, Number 223)]
[Proposed Rules]
[Page 63267-63268]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no99-28]
DEPARTMENT OF TRANSPORTATION
Coast Guard
[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.
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]
-
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.
-
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. 99-30268Filed11-18-99; 8:45 am]
BILLING CODE 4910-15-U
