33760 Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations

(ii) Special subgroup rule. In the event

that the principles of § 1.1502–21(g)(1)

do not apply to a particular credit

carryover in the current group, then

solely for purposes of applying this

paragraph (h)(4)(iii) to determine the

limitation with respect to that carryover

and with respect to which the SRLY

register (the aggregate of the member’s

or subgroup’s contribution to

consolidated section 53(c) limitation

reduced by the aggregate of the

member’s or subgroup’s minimum tax

credits arising and absorbed in all

consolidated return years) began in a

taxable year for which the due date of

the return is on or before May 25, 2000,

the principles of § 1.1502–21(c)(2) shall

be applied without regard to the phrase

‘‘or for a carryover that was subject to

the overlap rule described in paragraph

(g) of this section or § 1.1502–15(g) with

respect to another group (the former

group).’’

(2) Overlap rule. Paragraph

(h)(4)(iii)(B)(5) of this section (relating

to overlap with section 383) applies to

taxable years for which the due date

(without extensions) of the consolidated

return is after May 25, 2000. For

purposes of paragraph (h)(4)(iii)(B)(5) of

this section, only an ownership change

to which section 383, as amended by the

Tax Reform Act of 1986 (100 Stat. 2095),

applies and which results in a section

383 credit limitation shall constitute a

section 383 event. The optional effective

date rule of § 1.1502–3(d)(4) (generally

making this paragraph (h)(4)(iii) also

applicable to a consolidated return year

beginning on or after January 1, 1997, if

the due date of the income tax return

(without extensions) was on or before

March 13, 1998) does not apply with

respect to paragraph (h)(4)(iii)(B)(5) of

this section (relating to the overlap

rule).

§ 1.1502–55T [Removed]

Par. 8. Section 1.1502–55T is

removed.

Par. 9. Section 1.1502–98 is amended

by adding a sentence immediately

following the first sentence to read as

follows:

§ 1.1502–98 Coordination with section 383.

* * * For example, subgroups with

respect to the carryover of general

business credits, minimum tax credits,

unused foreign tax, and net capital loss

are determined by applying the

principles of § 1.1502–91(d)(1). * * *

§ 1.1502–9A [Amended]

Par. 10. Section 1.1502–9A is

amended as follows:

1. In paragraph (a)(2), the last

sentence is amended by removing the

language ‘‘1.1502–3T(c)(4)’’ and adding

‘‘1.1502–3(d)(4)’’ in its place.

2. In paragraph (b)(1)(v), the last

sentence is amended by removing the

language ‘‘1.1502–3T(c)(4)’’ and adding

‘‘1.1502–3(d)(4)’’ in its place.

Robert E. Wenzel,

Deputy Commissioner of Internal Revenue.

Approved: May 8, 2000.

Jonathan Talisman,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 00–11901 Filed 5–24–00; 8:45 am]

BILLING CODE 4830–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 100, 110, and 165

[CGD01–99–050]

RIN 2115–AA97, AA98, AE46

Temporary Regulations: OPSAIL 2000/

International Naval Review 2000 (INR

2000), Port of New York/New Jersey

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary regulations in

New York Harbor, Sandy Hook Bay, the

Hudson and East Rivers, and the Kill

Van Kull for OPSAIL 2000/INR 2000

activities. This action is necessary to

provide for the safety of life on

navigable waters during OPSAIL 2000/

INR 2000. This action is intended to

restrict vessel traffic in portions of New

York Harbor, Sandy Hook Bay, the

Hudson and East Rivers, and the Kill

Van Kull.

DATES: This rule is effective from 12

p.m. e.s.t. on June 29, 2000, until 12

p.m. e.s.t. on July 5, 2000.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket CGD01–99–050 and are available

for inspection or copying at room 205,

of the Waterways Oversight Branch of

Coast Guard Activities New York,

between 8 a.m., e.s.t. and 3 p.m., e.s.t.

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:

Regulatory Information

On February 7, 2000, we published a

notice of proposed rulemaking (NPRM)

entitled Temporary Regulations:

OPSAIL 2000/International Naval

Review 2000 (INR 2000), Port of New

York/New Jersey in the Federal Register

(65 FR 5833). On February 14, 2000, we

published a correction to this NPRM

entitled Temporary Regulations:

OPSAIL 2000/International Naval

Review 2000 (INR 2000), Port of New

York/New Jersey in the Federal Register

(65 FR 7333). We received no letters

commenting on the proposed rule. No

public hearing was requested, and none

was held.

Background and Purpose

The U.S. Navy is sponsoring the

International Naval Review. This event

consists of the anchoring of

approximately 50 U.S. and foreign naval

vessels in line between the VerrazanoNarrows Bridge and the George

Washington Bridge. A high level U.S.

dignitary will transit aboard a U.S. Navy

vessel along this line as a ceremonial

review. Operation Sail, Inc. is

sponsoring the seventh OPSAIL Parade

of Tall Ships, as well as a fireworks

display co-sponsored by Macy’s Inc.

Operation Sail consists of a parade of

sailing vessels from the VerrazanoNarrows Bridge north past a reviewing

stand aboard the U.S.S. John F. Kennedy

(CV–67) anchored in Federal Anchorage

21B in Upper New York Bay. This

parade will continue north to the George

Washington Bridge where these vessels

will turn south and go to berth

throughout the Port of New York and

New Jersey. These events are scheduled

to take place on July 4, 2000, in the Port

of New York/New Jersey, on the waters

of New York Harbor, Sandy Hook Bay,

the Hudson and East Rivers, and the Kill

Van Kull. The Coast Guard expects a

minimum of 40,000 spectator craft for

these events. These regulations create

temporary anchorage regulations, vessel

movement controls, and two security

zones. The regulations will be in effect

at various times in the Port of New York

and New Jersey during the period June

29, 2000 through July 5, 2000. The

vessel congestion due to the large

number of participating and spectator

vessels poses a significant threat to the

safety of life. This rulemaking is

necessary to ensure the safety of life on

the navigable waters of the United

States.

Regulated Areas

The Coast Guard is establishing two

regulated areas in New York Harbor that

will be in effect from July 3–5, 2000.

These two regulated areas are needed to

protect the maritime public and

participating vessels from possible

hazards to navigation associated with;

Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations 33761

an International Naval Review

conducted on the Hudson River and

New York Harbor Upper Bay, a Parade

of Tall Ships transiting the waters of

Sandy Hook Bay, New York Harbor, and

the Hudson River in close proximity;

fireworks fired from 11–13 barges on the

Hudson and East Rivers and in Upper

New York Bay; and a large number of

naval vessels, Tall Ships, and spectator

craft anchored in close proximity

throughout the duration of these events.

These regulated areas include vessel

anchoring and operating restrictions.

Regulated Area A covers all waters of

New York Harbor Lower Bay and Sandy

Hook Bay within the following

boundaries: south of the VerrazanoNarrows Bridge; west of a line drawn

shore to shore along 074°00′00′′ W (NAD

1983) between Coney Island, New York,

and Navesink, New Jersey; and east of

a line drawn shore to shore along

074°03′12′′ W (NAD 1983) between Fort

Wadsworth, Staten Island, and

Leonardo, New Jersey and all waters of

Ambrose Channel shoreward of

Ambrose Channel Entrance Lighted

Gong Buoy 1 (LLNR 34800) and

Ambrose Channel Entrance Lighted Bell

Buoy 2 (LLNR 34805). Please see

Chartlet I, depicting Regulated Area A,

included with this Temporary final rule

(TFR) for the convenience of the reader.

This area is to be used as a staging area

for vessels participating in the Parade of

Tall Ships. This regulated area is

effective from 6 a.m., e.s.t. July 3, until

4 p.m., e.s.t. on July 4, 2000.

BILLING CODE 4910–15–U

33762 Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations

Regulated Area B covers all waters of

New York Harbor, Upper Bay, the

Hudson, Harlem, and East Rivers, and

the Kill Van Kull within the following

boundaries: south of 40°52′39′′ N (NAD

1983) on the Hudson River at Spuyten

Duyvil Creek; west of the Throgs Neck

Bridge on the East River; north of the

Verrazano-Narrows Bridge; and east of a

line drawn from shore to shore along

074°05′15′′ W (NAD 1983) between New

Brighton, Staten Island, and Constable

Hook, New Jersey, in the Kill Van Kull.

Please see Chartlet II, depicting

Regulated Area B, included with this

TFR for the convenience of the reader.

This regulated area is for the

International Naval Review, the Parade

of Tall Ships, and the July 4th fireworks

display. This regulated area is effective

from 10 a.m., e.s.t. on July 3, 2000, until

10 a.m., e.s.t. on July 5, 2000.

BILLING CODE 4910–15–C

Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations 33763

Spectator vessels transiting Regulated

Area A or B must do so at no wake

speed or at speeds not to exceed 10

knots, whichever is less. No vessels

other than OPSAIL 2000/INR 2000

vessels, their assisting tugs, and

enforcement vessels, may enter or

navigate within the boundaries of the

Anchorage Channel or Hudson River in

regulated Area B unless specifically

authorized by the Coast Guard Captain

of the Port, New York, or his on-scene

representative. No vessel may anchor in

the Anchorage Channel or Hudson River

outside of the designated spectator

anchorages in Regulated Area B at any

time without authorization. The

operation of seaplanes, including

taxiing, landing, and taking off, is

prohibited in Area B on July 3–4, 2000,

without prior written authorization from

the Captain of the Port. Ferry services

may operate in Area B on July 3 and 5,

2000. On July 4, 2000 only those ferry

services with prior written authorization

from the Coast Guard Captain of the Port

will be authorized to operate in this

area.

No vessel, other than OPSAIL 2000/

INR 2000 vessels, their assisting tugs,

and enforcement vessels, is permitted to

transit the waters between Governors

Island and The Battery in southern

Manhattan from 7 a.m., e.s.t. July 4,

2000 until the end of the Parade of Sail.

Vessels which must transit to or from

the East River may only do so by using

Buttermilk Channel unless otherwise

authorized by the Coast Guard Captain

of the Port, New York, or his on-scene

representative.

Regulated Area A contains three

anchorage grounds for use by OPSAIL

2000/INR 2000 vessels only and it will

also serve as a staging area for the

vessels participating in the Parade of

Sail. Regulated Area B contains

anchorage grounds for OPSAIL 2000/

INR 2000 vessels and spectator craft. It

contains the International Naval Review

of Ships on the Hudson River and New

York Harbor’s Upper Bay, from the

Verrazano-Narrows Bridge to the George

Washington Bridge (river mile 11.0).

The International Naval Review will be

conducted on the morning of July 4,

2000 and consists of a column of

approximately 50 International Naval

Ships anchored in the Hudson River

and New York Harbor’s Upper Bay

along the western side of the Anchorage

Channel. The U.S. Navy Review Ship

will transit south along this column

from the George Washington Bridge to

the Verrazano-Narrows Bridge and

conduct a review of all the participating

naval ships. After the INR,

approximately 300 vessels will

participate in the Parade of Sailing

Vessels which will take place in Area B

between the Verrazano-Narrows Bridge

and the George Washington Bridge

(river mile 11.0) on the Hudson River.

Additionally, Area B will contain 11–13

fireworks barges being used for the July

4th fireworks display. Fireworks barges

will be located in the Hudson River

between the Holland Tunnel Ventilators

and West 65th Street in Manhattan, in

the East River between the southern tip

of Roosevelt Island and The Battery, east

of Liberty Island, and in the Anchorage

Channel north of the Verrazano-Narrows

Bridge.

Anchorage Regulations

The Coast Guard is also establishing

temporary Anchorage Regulations for

participating OPSAIL 2000/INR 2000

ships and spectator craft. Some current

Anchorage Regulations in 33 CFR

110.155 are temporarily suspended by

this regulation and new Anchorage

Grounds and regulations are being

temporarily established. Chartlets I, III,

and IV illustrate the anchorage grounds

and are included for the convenience of

the reader.

The anchorage regulations designate

selected current or temporarily

established Anchorage Grounds for

spectator or OPSAIL 2000/INR 2000

participant vessel use only. They restrict

all other vessels from using these

Anchorage Grounds during a portion of

the OPSAIL 2000/INR 2000 event. The

Anchorage Grounds are needed to

provide viewing areas for spectator

vessels while maintaining a clear parade

route for the participating OPSAIL/INR

vessels and to protect boaters and

spectator vessels from the hazards

associated with the International Naval

Review and the Parade of Tall Ships.

The Coast Guard designates

Anchorage Grounds 16, 17, and 18–A in

the Hudson River in the vicinity of the

George Washington Bridge (river mile

11.0); and the temporarily established

Liberty Island Anchorage, Ellis Island

Anchorage, Caven Point Anchorage,

Jersey Flats Anchorage and Robbins

Reef Anchorage in New York Harbor’s

Upper Bay, and a temporary Anchorage

Ground from north of the VerrazanoNarrows Bridge to Owls Head Park

along the Brooklyn shoreline

exclusively for spectator vessel use from

12 p.m., e.s.t. on June 29, 2000, until 12

p.m., e.s.t. on July 5, 2000. The

temporary Narrows Anchorage is being

expanded to authorize a larger viewing

area for spectator vessels between 25

meters (82 feet) and 60 meters (197 feet).

The expanded area includes all waters

of Anchorage Channel east of a line

drawn between Gowanus Flats Lighted

Bell Buoy 22 (LLNR 34945) and Bay

Ridge Channel Lighted Buoy 2 (LLNR

36872) to the western boundary of the

temporary Narrows Anchorage.

The Coast Guard also designates

Anchorage Grounds 21–B, 23–A, 23–B,

and 24 in New York Harbor’s Upper Bay

for OPSAIL 2000/INR 2000 participant

vessels. These regulations are effective

from 3 a.m., e.s.t. July 1, 2000, through

6 p.m., e.s.t. July 5, 2000. Other vessels

may be authorized to use these

anchorages on July 1 and 2, 2000 as

determined by the Captain of the Port,

New York.

Additionally, the Coast Guard

designates Anchorage Ground 25 and a

temporarily established Anchorage

Ground covering portions of Anchorage

Grounds 26, 49–F and 49G in Sandy

Hook Bay for OPSAIL 2000/INR 2000

participant vessels. These proposed

regulations are effective from 6 a.m.,

e.s.t. July 2, 2000, through 4 p.m., e.s.t.

July 4, 2000.

The eastern portions of the Jersey

Flats and Robbins Reef Anchorages and

the Narrows Temporary Anchorage

Ground are for vessels between 25

meters (82 feet) and 60 meters (197 feet)

in length. Anchorage 21–C is for vessels

greater than 60 meters (197 feet).

Positioning within these three

anchorages will be controlled by the

Captain of the Port, New York. Persons

desiring to use these anchorages must

have a permit from the Captain of the

Port New York. A lottery was held to

determine vessel anchorage locations

and applications are no longer being

accepted.

BILLING CODE 4910–15–U

33764 Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations

Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations 33765

BILLING CODE 4910–15–C

33766 Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations

Security Zones

The Coast Guard is establishing a

moving security zone for all waters

within 500 yards of the Review Ship for

the International Naval Review from 7

a.m., e.s.t. until 11 a.m., e.s.t. on July 4,

2000. The Review Ship will be the U.S.

Navy vessel that is anchored the furthest

north in the Hudson River at 7 a.m.,

e.s.t. on July 4, 2000. This ship will get

underway and transit down the Hudson

River and Upper New York Bay between

the George Washington Bridge (river

mile 11.0) and the Verrazano-Narrows

Bridge. The Review Ship will be easily

identifiable during its transit because it

will be the only large U.S. Navy vessel

that is underway at this time in the Port

of New York, and it will be escorted by

numerous U.S. Coast Guard small boats.

A second security zone is established

for all waters within 500 yards of the

U.S.S. John F. Kennedy (CV–67), from

10 a.m., e.s.t. until 5 p.m., e.s.t. on July

4, 2000 while in Anchorage 21–B and

while being used as the reviewing stand

for the Parade of Sailing Vessels.

Numerous dignitaries who require

Secret Service protection will be

onboard both Navy vessels. Due to the

dignitaries’ attendance, security zones

are required to ensure the proper level

of protection to prevent sabotage or

other subversive acts, accidents, or other

activities of a similar nature to the Port

of New York/New Jersey.

Discussion of Comments and Changes

We received no letters commenting on

the proposed rule, but we did make two

minor changes to it. The temporary

Narrows Anchorage is being expanded

to make a larger viewing area for

spectator vessels between 25 meters (82

feet) and 60 meters (197 feet). The

expanded area includes all waters of

Anchorage Channel east of a line drawn

between Gowanus Flats Lighted Bell

Buoy 22 (LLNR 34945) and Bay Ridge

Channel Lighted Buoy 2 (LLNR 36872)

to the western boundary of the

temporary Narrows Anchorage, and

south of the current southern boundary

of Federal Anchorage 21–C. This change

increases the length of the temporary

Narrows Anchorage by 1,450 yards. The

increased anchorage length is necessary

because it provides a greater area for

spectator craft to anchor in. It is also

easier to enforce as the western

boundary is now aligned with the

western boundary of Federal Anchorage

No. 21–C. This will provide one straight

boundary line to enforce as opposed to

three boundary lines as originally

planned. The expanded temporary

Narrows Anchorage area will not have

a negative impact on vessel traffic in the

area because the expanded area does not

include any navigable channels and it

would not have been used by vessels.

But it will have a positive impact

because it provides space for five extra

spectator craft that were alternate

winners of the lottery drawing for

anchorage spots in the area.

We changed section 110.155’s

introductory note to emphasize the

mariners’ need to exercise caution while

using the temporarily designated

anchorage areas for OPSAIL 2000/INR

2000. While we are not aware of any

safety problems associated with these

temporary anchorage areas, we can not

ensure the anchor holding capability of

each area nor that the bottoms are free

from obstructions. Consequently, we are

advising mariners to take appropriate

precautions including using all means

available to ensure their vessels are not

dragging anchor. But based on past

experience with these temporary

anchorage areas, we have no reason to

believe they are not adequate for their

intended use.

Regulatory Evaluation

This 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 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 New

York Harbor, Sandy Hook Bay, the

Hudson and East Rivers, and the Kill

Van Kull during the events, the effect of

this regulation will not be significant for

the following reasons: The limited

duration that the regulated areas will be

in effect and the extensive advance

notifications that have been and will be

made to the maritime community via

the Local Notice to Mariners, facsimile,

marine information broadcasts, New

York Harbor Operations Committee

meetings, and New York area

newspapers, so mariners can adjust

their plans accordingly. At no time will

commercial shipping access to Port

Newark/Port Elizabeth facilities be

prohibited. Access to those areas may be

accomplished using Raritan Bay, Arthur

Kill, Kill Van Kull, and Newark Bay as

an alternate route. This will allow the

majority of the maritime industrial

activity in the Port of New York/New

Jersey to continue, relatively unaffected.

Similar regulated areas were established

for the 1986 and 1992 OPSAIL events.

Based upon the Coast Guard’s

experiences learned from these previous

events of a similar magnitude, these

proposed regulations have been

narrowly tailored to impose the least

impact on maritime interests yet

provide the level of safety deemed

necessary.

One substantive change is being made

to the Temporary final rule. The

temporary Narrows Anchorage is being

expanded to authorize a larger viewing

area for spectator vessels between 25

meters (82 feet) and 60 meters (197 feet).

The expanded area includes all waters

of Anchorage Channel east of a line

drawn between Gowanus Flats Lighted

Bell Buoy 22 (LLNR 34945) and Bay

Ridge Channel Lighted Buoy 2 (LLNR

36872) to the western boundary of the

temporary Narrows Anchorage, and

south of the current southern boundary

of Federal Anchorage 21–C. We expect

this change to have no adverse

economic impact as it increases the size

of the available spectator craft viewing

area in the Narrows Temporary

anchorage without closing any portions

of any navigable channels. As originally

published in the NPRM, this area would

not have been used by any vessels.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this 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.

For the reasons discussed in the

Regulatory Evaluation section above, the

Coast Guard certifies under 5 U.S.C.

605(b) that this rule would not have a

significant economic impact on a

substantial number of small entities.

This 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

portions of Lower and Upper New York

Bay and the Hudson and East Rivers

during various times from June 29–July

5, 2000. These regulations will not have

a significant economic impact on a

substantial number of small entities for

the following additional reasons:

Although these regulations will apply to

a substantial portion of the Port of New

York/New Jersey, designated areas for

Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations 33767

viewing the Parade of Sailing Vessels

and the Fourth of July Fireworks are

being established to allow for maximum

use of the waterways by commercial

tour boats that usually operate in the

affected areas. Before the effective

period, the Coast Guard will make

notifications to the public via mailings,

facsimiles, the Local Notice to Mariners

and use of the sponsors Internet site. In

addition, the sponsoring organization,

OPSAIL Inc., is planning to publish

information of the event in local

newspapers, pamphlets, and television

and radio broadcasts.

One substantive change is being made

to the Temporary final rule. The

temporary Narrows Anchorage is being

expanded to authorize a larger viewing

area for spectator vessels between 25

meters (82 feet) and 60 meters (197 feet).

The expanded area includes all waters

of Anchorage Channel east of a line

drawn between Gowanus Flats Lighted

Bell Buoy 22 (LLNR 34945) and Bay

Ridge Channel Lighted Buoy 2 (LLNR

36872) to the western boundary of the

temporary Narrows Anchorage, and

south of the current southern boundary

of Federal Anchorage 21–C. This will

have a positive impact on small entities

as it provides space for five more

spectator craft to be awarded permits to

anchor here in the lottery drawing. As

originally published in the NPRM, this

area would not have been used by any

vessels.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

121), we offered to assist small entities

in understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process. We provided explanations of

the effect of these regulations on the

Port of New York/New Jersey to

approximately 15 small entities.

Small businesses may send comments

on the actions of Federal employees

who enforce, or otherwise determine

compliance with, Federal regulations to

the Small Business and Agricultural

Regulatory Enforcement Ombudsman

and the Regional Small Business

Regulatory Fairness Boards. The

Ombudsman evaluates these actions

annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by

employees of the Coast Guard, call 1–

800–REG–FAIR (1–888–734–3247).

Collection of Information

This rule calls for no new collection

of information under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520).

Federalism

We have analyzed this 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 unfunded mandate

costs. This rule will not impose an

unfunded mandate.

Taking of Private Property

This rule will 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 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 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

The Coast Guard considered the

environmental impact of this rule,

including the expansion of the

Temporary Narrows Anchorage

discussed in the Discussion of

Comments and Changes section above,

and concluded that, under figure 2–1,

paragraph 34(f, g, and h), of

Commandant Instruction M16475.1C,

this rule is categorically excluded from

further environmental documentation.

These temporary regulations establish

special local regulations, anchorage

grounds, and security zones. A

‘‘Categorical Exclusion Determination’’

is available in the docket where

indicated under ADDRESSES.

List of Subjects

33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

33 CFR Part 110

Anchorage grounds.

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 amends 33

CFR Parts 100, 110, and 165 as follows:

PART 100—MARINE EVENTS

1. The authority citation for part 100

continues to read as follows:

Authority: 33 U.S.C. 1233 through 1236; 49

CFR 1.46; 33 CFR 100.35.

2. Add temporary § 100.T01–050 to

read as follows:

§ 100.T01–050 OPSAIL 2000/International

Naval Review (INR) 2000, Port of New York/

New Jersey.

(a) Regulated Areas. (1) Regulated

Area A. (i) Location. All waters of New

York Harbor, Lower Bay and Sandy

Hook Bay within the following

boundaries: south of the VerrazanoNarrows Bridge; west of a line drawn

shore to shore along 074°00′′00 W (NAD

1983) between Coney Island, New York,

and Navesink, New Jersey; and east of

a line drawn shore to shore along

074°03′12′′ W (NAD 1983) between Fort

Wadsworth, Staten Island, and

Leonardo, New Jersey, and all waters of

Ambrose Channel shoreward of

Ambrose Channel Entrance Lighted

Gong Buoy 1 (LLNR 34800) and

Ambrose Channel Entrance Lighted Bell

Buoy 2 (LLNR 34805).

(ii) Enforcement period. Paragraph

(a)(1)(i) of this section is enforced from

6 a.m., e.s.t. July 3, until 4 p.m., e.s.t.

on July 4, 2000.

(2) Regulated Area B. (i) Location. All

waters of New York Harbor, Upper Bay,

the Hudson and East Rivers, and the Kill

Van Kull within the following

boundaries: south of 40°52′39′′ N (NAD

1983) on the Hudson River at Spuyten

Duyvil Creek; west of the Throgs Neck

Bridge on the East River; north of the

Verrazano-Narrows Bridge; and east of a

line drawn from shore to shore along

074°05′15′′ W (NAD 1983) between New

Brighton, Staten Island, and Constable

Hook, New Jersey, in the Kill Van Kull.

(ii) Enforcement period. Paragraph

(a)(2)(i) of this section is enforced from

10 a.m., e.s.t. on July 3, 2000, until 10

a.m., e.s.t. on July 5, 2000.

33768 Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations

(b) Special local regulations. (1) No

vessel except OPSAIL 2000/INR 2000

participating vessels and their assisting

tugs, spectator vessels, and those vessels

exempt from the regulations in this

section, may enter or navigate within

Areas A and B, unless specifically

authorized by the Coast Guard Captain

of the Port, New York, or his on-scene

representative.

(2) Vessels transiting Area B must do

so at no wake speed or at speeds not to

exceed 10 knots, whichever is less.

(3) Not withstanding paragraph (b)(1)

of this section, no vessel, other than

OPSAIL 2000/INR 2000 Vessels, their

assisting tugs, and enforcement vessels,

may enter or navigate within the

boundaries of the main shipping

channels in Area B unless they are

specifically authorized to do so by Coast

Guard Captain of the Port, New York, or

his on-scene representative. No vessel in

Area B is permitted to cross through the

parade of sail, cross within 500 yards of

the lead or last vessel in the parade of

sail, or maneuver alongside within 100

yards of any OPSAIL 2000/INR 2000

Vessel unless authorized to do so by the

Captain of the Port.

(4) No vessel is permitted to anchor in

the Anchorage Channel or the Hudson

River outside of the designated

anchorages at any time without

authorization. Vessels which need to

anchor to maintain position will only do

so in designated anchorage areas.

(5) No vessel, other than OPSAIL

2000/INR 2000 Vessels, their assisting

tugs, and enforcement vessels, is

permitted to transit the waters between

Governors Island and The Battery in

southern Manhattan from 7 a.m., e.s.t.

July 4, 2000 until the end of the Parade

of Sailing Vessels. Vessels which must

transit to or from the East River may

only do so by using Buttermilk Channel,

unless otherwise authorized by the

Coast Guard Captain of the Port, New

York, or his designated on-scene

representative.

(6) Ferry services may operate in Area

B on July 3 and 5, 2000. On July 4, 2000

only those with prior written

authorization from the Coast Guard

Captain of the Port will be authorized to

operate in this area.

(7) The operation of seaplanes,

including taxiing, landing, and taking

off, is prohibited in Area B on July 3–

4, 2000, without prior written

authorization from the Captain of the

Port.

(8) All spectator vessels must

maintain their position in the

designated spectator craft anchorages

during the fireworks display on July 4th

scheduled from 9 p.m., e.s.t. until 10:45

p.m., e.s.t.

(c) Effective period. This section is

applicable from 6 a.m., e.s.t. on July 3,

2000, until 10 a.m., e.s.t. on July 5,

2000.

PART 110—ANCHORAGE

REGULATIONS

3. The authority citation for part 110

continues to read as follows:

Authority: 33 U.S.C. 471, 1221 through

1236, 2030, 2035 and 2071; 49 CFR 1.46 and

33 CFR 1.05–1(g).

4. Effective June 29, 2000 through July

5, 2000, § 110.155 is temporarily

amended as follows:

a. Add introductory text to the

beginning of the section;

b. Add new paragraphs (c)(1)(ii),

(c)(2)(ii), (c)(3)(ii);

c. Paragraphs (d)(1) through (d)(5),

(d)(7) through (d)(9), (d)(10)(i), (d)(12)(i)

and the introductory text of paragraph

(d)(16) are suspended and new

paragraphs (d)(10)(ii), (d)(11)(iii),

(d)(12)(iii) through (d)(12)(iv),

(d)(13)(vi), (d)(14)(iv), (d)(15)(iii), and

(d)(17) through (d)(20) are added;

d. Add new paragraph (e)(1)(iii);

e. The Note to paragraph (f)(1)

introductory text is suspended;

f. Paragraphs (m)(2)(i) through

(m)(2)(ii) and (m)(3)(i) are suspended

and new paragraphs (m)(2)(iii) and

(m)(3)(ii) are added;

g. Paragraph (n)(1) is suspended; and

h. Add new paragraphs (o) and (p).

The additions read as follows:

§ 110.155 Anchorage Grounds; Port of

New York.

The designated anchorage grounds in

this section have not been specially

surveyed or inspected and navigational

charts may not show all seabed

obstructions or shallowest depths.

Additionally, the anchorages are in

areas of substantial currents. Mariners

who use these temporary anchorages

should take appropriate precautions,

including using all means available to

ensure your vessel is not dragging

anchor. Finally, these are not special

anchorage areas. Thus vessels must

display anchor lights, as required by the

navigation rules.

* * * * *

(c) * * *

(1) * * *

(ii) This anchorage is designated for

the exclusive use of spectator vessels

less than 25 meters (82 feet) in length on

a first come, first served basis.

(2) * * *

(ii) See paragraph (c)(1)(ii) of this

section.

(3) * * *

(ii) See paragraph (c)(1)(ii) of this

section.

* * * * *

(d) * * *

(10) * * *

(ii) This anchorage is for OPSAIL

2000 participating vessels only.

(11) * * *

(iii) This anchorage is reserved for

OPSAIL 2000/INR 2000 participating

vessels. No other vessel may anchor or

operate in this area within 100 yards of

OPSAIL 2000/INR 2000 participating

vessels.

(12) * * *

(iii) This anchorage is for vessels

greater than 60 meters (197 feet) in

length. Persons desiring to use this

anchorage must hold a permit from the

Captain of the Port New York on their

vessel. A lottery was held to determine

vessel anchorage locations and

applications are no longer being

accepted.

(iv) This anchorage is available for

vessels observing or participating in

OPSAIL 2000/INR 2000 festivities and

which have been authorized by the

Coast Guard Captain of the Port, New

York. No vessel may anchor within this

area without authorization to do so.

(13) * * *

(vi) See paragraph (d)(12)(iv) of this

section.

(14) * * *

(iv) See paragraph (d)(12)(iv) of this

section.

(15) * * *

(iii) See paragraph (d)(12)(iv) of this

section.

* * * * *

(17) The anchorages in this paragraph

(d)(17) are designated for the exclusive

use of spectator vessels less than 25

meters (82 feet) in length on a first

come, first served basis.

(i) Ellis Island Anchorage. That area

bound by the following points:

40°41′55′′ N, 074°02′56′′ W; 40°41′29.5′′

N, 074°02′05′′ W; 40°41′42′′ N,

074°02′00.5′′ W; 40°41′55′′ N, 074°01′58′′

W; 40°42′05′′ N, 074°01′57′′ W;

40°42′20.5′′ N, 074°02′06′′ W (NAD

1983); thence along the shoreline to the

point of beginning.

(ii) Liberty Island Anchorage. That

area bound by the following points:

40°41′30.5′′ N, 074°03′15.5′′ W;

40°41′11.5′′ N, 074°02′44′′ W; 40°41′34′′

N, 074°02′26.5′′ W; 40°41′51.5′′ N,

074°02′59.5′′ W (NAD 1983); thence

along the shoreline to the point of

beginning.

(iii) Caven Point Anchorage. That area

bound by the following points:

40°40′33′′ N, 074°03′33′′ W; 40°40′25′′ N,

074°03′23′′ W; 40°40′09.5′′ N, 074°02′59′′

W; 40°40′59.5′′ N, 074°02′26.5′′ W;

40°41′26′′ N, 074°03′18′′ W (NAD 1983);

thence along the shoreline and the

Caven Point Pier to the point of

beginning.

Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations 33769

(18) Jersey Flats Anchorage. That area

bound by the following points:

40°39′57′′ N, 074°04′00′′ W; 40°39′50′′ N,

074°03′56′′ W; 40°39′35′′ N, 074°03′22′′

W; 40°40′02.5′′ N, 074°03′04′′ W;

40°40′53′′ N, 074°04′17′′ W (NAD 1983);

thence along the shoreline to the point

of beginning.

(i) The area west of the eastern end of

the Global Marine Terminal Pier is for

the exclusive use of spectator vessels

less than 25 meters (82 feet) in length on

a first come, first served basis. The area

east of the eastern end of the Global

Marine Terminal Pier is for vessels

between 25 meters (82 feet) and 60

meters (197 feet) in length.

(ii) Persons desiring to use this

anchorage must hold a permit from the

Captain of the Port New York on their

vessel. A Lottery was held to determine

vessel anchorage locations and

applications are no longer being

accepted.

(19) Robbins Reef Anchorage. That

area bound by the following points:

40°39′19.5′′ N, 074°05′10′′ W; 40°39′00′′

N, 074°03′46′′ W; 40°39′22′′ N,

074°03′29′′ W; 40°39′49.5′′ N, 074°04′06′′

W; (NAD 1983); thence along the

shoreline to the point of beginning.

(i) The area west of the eastern end of

the Military Ocean Terminal Pier is for

the exclusive use of spectator vessels

less than 25 meters (82 feet) in length on

a first come, first served basis. The area

east of the eastern end of the Military

Ocean Terminal Pier is for vessels

between 25 meters (82 feet) and 60

meters (197 feet) in length.

(ii) Persons desiring to use this

anchorage must hold a permit from the

Captain of the Port New York on their

vessel. A lottery was held to determine

vessel anchorage locations and

applications are no longer being

accepted.

(20) All vessels anchored in the

anchorages described in paragraphs

(d)(17) through (19) of this section must

comply with the requirements in

paragraphs (d)(16)(iii) through (vii) of

this section. Any vessel anchored in or

intending to anchor in Federal

Anchorage 21–A through 21–C, 23–A,

23–B, 24 or 25 must comply with the

requirements in paragraphs (d)(16)(i)

through (x) of this section.

(e) * * *

(1) * * *

(iii) No vessel other than OPSAIL

2000/INR 2000 Vessels and their

designated assist tugs may anchor and/

or approach within 100 yards of any

OPSAIL 2000/INR 2000 Vessel

navigating or anchored in this area.

* * * * *

(m) * * *

(2) * * *

(iii) Anchorage No. 49–F is reserved

for vessels as set out in paragraph (o)(2)

of this section.

(3) * * *

(ii) Anchorage No. 49–G is reserved

for vessels as set out in paragraph (o)(2)

of this section.

* * * * *

(o) Temporary Anchorage Grounds.

(1) Narrows Anchorage. That area bound

by the following points: 40°38′17′′ N,

074°02′18.5′′ W; 40°38′22′′ N, 074°02′39′′

W; 40°38′02.5′′ N, 074°02′47.5′′ W;

40°38′03′′ N, 074°03′02′′ W; 40°37′21.5′′

N, 074°02′48.5′′ W; 40°36′31′′ N,

074°02′34′′ W; 40°36′36.5′′ N,

074°02′15.5′′ W; 40°36′53.5′′ N,

074°02′28.5′′ W; 40°37′13′′ N, 074°02′34′′

W; 40°37′44′′ N, 074°02′33′′ W; thence to

the point of beginning at 40°38′17′′ N,

074°02′18.5′′ W (NAD 1983).

(i) This anchorage is designated for

the exclusive use of spectator vessels

between 25 meters (82 feet) and 60

meters (197 feet) in length. Persons

desiring to use this anchorage must hold

a permit from the Captain of the Port

New York on their vessel. A lottery was

held to determine vessel anchorage

locations and applications are no longer

being accepted.

(ii) Effective period. Paragraph (o)(1)

of this section is applicable from 12

p.m., e.s.t. on July 2, 2000, through 12

noon on July 5, 2000.

(2) Sandy Hook Bay Anchorage. That

area bound by the following points:

40°28′30′′ N, 074°01′42′′ W; 40°27′56′′ N,

074°01′35′′ W; 40°27′54′′ N, 074°01′25′′

W; 40°26′00′′ N, 074°00′58′′ W;

40°26′00′′ N, 074°02′00′′ W; 40°26′29′′ N,

074°02′51′′ W; 40°27′29′′ N, 074°02′10′′

W; 40°27′40′′ N, 074°02′36′′ W;

40°28′07′′ N, 074°02′19′′ W (NAD 1983);

thence along the shoreline to the point

of beginning.

(i) This anchorage sets aside

Anchorage No. 49–F and a portion of

Anchorage No. 26, as described in

paragraph (f)(1) of this section, for the

exclusive use of OPSAIL 2000/INR 2000

Vessels.

(ii) No vessels other than OPSAIL

2000/INR 2000 naval and Tall Ships,

their designated assist tugs, and

enforcement vessels may anchor, loiter,

or approach within 100 yards of any

OPSAIL 2000/INR 2000 Vessel when it

is navigating or at anchor in this area.

(iii) Effective period. Paragraph (o)(2)

of this section is applicable from 6 a.m.,

e.s.t. on July 2, 2000, through 4 p.m.,

e.s.t. on July 4, 2000.

(p) Temporary amendment applicable

dates and times. (1) From 12 noon on

June 29, 2000 through 12 noon on July

5, 2000:

(i) The introductory text of this

section is applicable.

(ii) The suspension of paragraphs

(d)(1) through (5), (d)(10)(i), (n)(1), the

introductory text of paragraph (d)(16),

and the note to paragraph (f)(1)

introductory text of this section is

applicable.

(iii) Paragraphs (d)(10)(ii), (d)(17)

through (20) and (p) of this section are

applicable.

(2) The suspension of paragraphs

(d)(7) through (9) of this section is

applicable from 3 a.m., e.s.t. on July 3,

2000 through 12 noon on July 5, 2000.

(3) From 3 a.m., e.s.t. on July 3, 2000

through 6 a.m., e.s.t. on July 5, 2000:

(i) The suspension of paragraph

(d)(12)(i) of this section is applicable.

(ii) Paragraphs (d)(11)(iii), (d)(12)(iii)

and (iv), (d)(13)(vi), (d)(14)(iv), and

(d)(15)(iii) of this section are applicable.

(4) From 6 a.m., e.s.t. on July 2, 2000

through 4 p.m., e.s.t. on July 4, 2000:

(i) The suspensions of paragraphs

(m)(2)(i) and (ii), and (m)(3)(i) of this

section are applicable.

(ii) Paragraphs (m)(2)(iii), (m)(3)(ii),

and (e)(1)(iii) of this section are

applicable.

(5) From 6 a.m., e.s.t. on July 2, 2000

through 12 noon on July 5, 2000,

paragraph (o) of this section is

applicable.

(6) From 12 noon on July 2, 2000

through 12 noon on July 5, 2000,

paragraphs (c)(1)(ii), (c)(2)(ii), and

(c)(3)(ii) of this section are applicable.

* * * * *

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

5. 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.

6. Add temporary § 165.T01–050 to

read as follows:

§ 165.T01–050 Security Zones:

International Naval Review (INR) 2000,

Hudson River and Upper New York Bay.

(a) The following areas are established

as security zones:

(1) Security Zone A. (i) Location. This

security zone includes all waters within

500 yards of the U.S. Navy review ship

and the zone will move with the review

ship as it transits the Hudson River and

Upper New York Bay during the

International Naval Review between the

George Washington Bridge (river mile

11.0) and the Verrazano-Narrows

Bridge.

(ii) Enforcement period. Paragraph

(a)(1)(i) of this section is enforced from

7 a.m., e.s.t. until 11 a.m., e.s.t. on July

4, 2000.

33770 Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations

(2) Security Zone B. (i) Location. All

waters within 500 yards of the U.S.S.

John F. Kennedy (CV–67), in Federal

Anchorage 21B.

(ii) Enforcement period. Paragraph

(a)(2)(i) of this section is enforced from

10 a.m., e.s.t. until 5 p.m., e.s.t. on July

4, 2000.

(b) Effective period. This section is

applicable from 7 a.m., e.s.t. on July 4,

2000, until 5 p.m., e.s.t. on July 4, 2000.

(c) 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: May 4, 2000.

Robert F. Duncan,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 00–12641 Filed 5–24–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP MIAMI 00–015]

RIN 2115–AA97

Safety Zone: OpSail Miami 2000, Port

of Miami.

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary regulations in

the Port of Miami for OpSail Miami

2000 activities. This action is necessary

to provide for the safety of life and

property on navigable waters during

OpSail Miami 2000. This action will

restrict vessel traffic in portions of the

Port of Miami.

DATES: This rule is effective from 9 p.m.

Eastern Daylight Time (EDT) on June 9,

2000 and terminates at 4 p.m. EDT on

June 10, 2000.

ADDRESSES: Coast Guard Marine Safety

Office Miami maintains the public

docket for this rulemaking. Documents

indicated in this preamble as being

available in the docket, are available for

inspection or copying at room 201,

Coast Guard Marine Safety Office

Miami, between 8 a.m. and 3 p.m., EDT

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Joseph Boudrow, Port

Management and Response Department,

Coast Guard Marine Safety Office

Miami, (305) 535–8705.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On December 17, 1999, the Coast

Guard published an advanced notice of

proposed rulemaking (ANPRM), and on

March 17, 2000, the Coast Guard

published a notice of proposed

rulemaking (NPRM) entitled OPSAIL

2000 in the Federal Register (64 FR

70650 and 65 FR 14502). No comments

were received during either comment

period. No public hearing was requested

and none was held.

Under 5 U.S.C. 553(d)(3), the Coast

Guard finds that good cause exists for

making this rule effective less than 30

days after publication in the Federal

Register. Updated information regarding

the fireworks display was recently

received from the sponsor. Further, the

proposed rule was well publicized in

the ANPRM and the NPRM, and the

event will be further publicized

throughout the local community by the

event sponsor.

Background and Purpose

The temporary regulations are for

OpSail Miami 2000 events scheduled to

be held in portions of the Port of Miami

over the period of June 6–10, 2000. This

rule will provide for the safety of life

and property on navigable waters during

OpSail Miami 2000 events on June 9,

2000 and June 10, 2000.

Discussion of Rule

OpSail Miami 2000, Inc., is

sponsoring OpSail Miami 2000

activities which consist of the arrival,

display, and departure parade of

numerous large U. S. and foreign flagged

sail vessels. A fireworks display is

planned for the evening prior to the

final day of the sail vessel visit.

Currently, approximately 20 Class A

(175 feet or larger in length) and 20

smaller Class B (100 feet up to 175 feet)

and C (up to 100 feet) sail vessels are

expected to participate in OpSail Miami

2000.

Participant sail vessels will begin

arriving in the Port of Miami on June 6,

2000 and will moor alongside Dodge

Island within the Port of Miami. These

vessels will be open to the public during

certain hours between June 7 and June

9, 2000. On June 9, 2000, fireworks

displays will be conducted commencing

approximately 9:00 p.m. EDT from the

orchestra vessel POINT

COUNTERPOINT II, a barge anchored in

the turning basin at the west end of

Main Channel, and the Watson Island

bridge structure. On June 10, 2000, the

sail vessels will make their departure

from the Port of Miami in a parade

commencing approximately 12 noon

EDT and ending approximately 4 p.m.

EDT. Participant sail vessels will

proceed under auxiliary power from

their moorings to the turning basin at

the west end of the Main Channel. From

the turning basin, they will proceed

under auxiliary power in 300 to 500

yard intervals in a ocean-bound

direction along the Main Channel,

thence along Government Cut, thence

along Bar Cut, thence along Outer Bar

Cut, to the vicinity of Miami Lighted

Bouy M (Light List Number (LLNR)

10455–895), located at 25 degrees, 46.0

minutes North latitude, 080 degrees,

05.0 minutes West longitude. The area

of Miami Lighted Buoy M is the

termination point for pilotage. As pilots

disembark their vessels, the sail vessels

will parade northward off the coastline,

under sail, to the parade termination

point in the general vicinity of the

entrance to Port Everglades, Florida.

Waterborne spectator areas have been

designated by the event sponsor to be on

either side of Bar Cut and Outer Bar Cut

in the open ocean. These areas will be

delineated by lines of marker floats

placed by the sponsor. The marker floats

will be round balls, orange in color, and

spaced approximately 200 yards apart.

They will be placed 100 yards out from

the aids to navigation that mark each

side of the channel. Spectator craft will

be expected to remain behind the

marker float lines for the duration of the

parade.

Because of the number of the sail

vessels, fireworks displays, and the

large number of spectator watercraft

expected during the parade, the Coast

Guard is establishing regulations for the

creation of temporary safety zones and

vessel movement controls in portions of

the Port of Miami and its channels

affected by these events. The regulations

will be in effect on June 9 and 10, 2000.

The vessel congestion due to the large

number of participant and spectator

vessels poses a significant threat to the

safety of life and property. The Coast

Guard has determined this rulemaking

is necessary to ensure the safety of life

and property on the navigable waters of

the United States within portions of the

Port of Miami affected by this event.

Regulated Areas

The Coast Guard is establishing

temporary safety zones for fireworks

displays on June 9, 2000 and the Parade

of Sail on June 10, 2000. The safety zone

for June 9, 2000 shall include all waters

within 100 yards of the orchestra vessel