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

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 [Federal Register: March 2, 2001 (Volume 66, Number 42)]
[Proposed Rules]
[Page 13032-13034]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr01-16]

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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

 
 

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