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

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]

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