Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations 35827

The Coast Guard certifies under 5

U.S.C. 605(b) that this rule will not have

a significant economic impact on a

substantial number of small entities.

This rule will affect the following

entities, some of which may be small

entities: owners or operators of vessels

intending to transit the Intracoastal

waterway at mile 1084.6. Although this

temporary rule will be in effect for nine

months, vessel traffic can still pass

through the drawbridge every 30

minutes during weekdays and Saturday,

and on demand at all other times.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we offer to assist small entities in

understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process. If the rule would affect your

small business, organization, or

government jurisdiction and you have

questions concerning is provisions or

options for compliance, please contact

the person listed under FOR FURTHER

INFORMATION CONTACT for assistance in

understanding and participating in this

rulemaking.

We also have a point of contact for

commenting on actions by employees of

the Coast Guard. 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 Agriculture 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 1–888–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 E.O. 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 E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

We have analyzed this rule under E.O.

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 and

concluded that under figure 2–1,

paragraph (32)(e), of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 117

Bridges.

Temporary regulations: For the

reasons discussed in the preamble, the

Coast Guard amends 33 CFR part 117 as

follows:

PART 117—[AMENDED]

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. From May 25, 2000 through

February 28, 2001, in § 117.261, a new

paragraph (rr) is temporarily added to

read as follows:

§ 117.261 Atlantic Intracoastal Waterway

from St. Marys River to Key Largo.

* * * * *

(rr) West 79th Street Causeway

Drawbridge, mile 1084.6, Miami,

Florida. The draw need open only on

the hour and half-hour, Monday through

Saturday, from 7 a.m. to 6 p.m.,

beginning May 25, 2000 through

February 28, 2001. The draw will open

on demand during all other periods

including holidays and Sundays.

Dated: May 23, 2000.

T.W. Allen,

Rear Admiral, Commander, Seventh Coast

Guard District.

[FR Doc. 00–14152 Filed 6–5–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–009]

RIN 2115–AA97

Safety Zone: OPSAIL 2000 Fireworks

Displays and Search and Rescue

Demonstrations, Port of New York/New

Jersey

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing four temporary safety zones

for fireworks displays located on New

York Harbor, the East River, and

Hudson River, and one temporary safety

zone for Search and Rescue

demonstrations on the Hudson River.

This action is necessary to provide for

the safety of life on navigable waters

during the events. It will restrict traffic

in portions of New York Harbor, the

East and Hudson River.

DATES: This rule is effective from 6:30

p.m. on July 4, 2000 until 6 p.m. on July

8, 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 (CGD01–00–009) and are

available for inspection or copying at

Waterways Oversight Branch (CGD01–

00–009), Coast Guard Activities New

York, 212 Coast Guard Drive, room 204,

Staten Island, New York, 10305 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:

Regulatory Information

On May 17, 2000, we published a

notice of proposed rulemaking (NPRM)

entitled Safety Zone: OPSAIL 2000

Fireworks Displays and Search and

Rescue Demonstrations, Port of New

35828 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations

York/New Jersey in the Federal Register

(65 FR 31293). We received no letters

commenting on the proposed rule. No

public hearing was requested, and none

was held.

Background and Purpose

The Coast Guard is establishing four

temporary safety zones for fireworks

displays, and one temporary safety zone

for Search and Rescue demonstrations

being held in conjunction with OPSAIL

2000.

Macy’s/OPSAIL 2000 Fireworks

The Coast Guard is establishing four

temporary safety zones for the Macy’s/

OPSAIL 2000 fireworks display in New

York Harbor, the East River, and

Hudson River, on July 4, 2000. The first

safety zone includes all waters of the

East River east of a line drawn from the

Fireboat Station Pier, Battery Park City,

in approximate position 40°42′15.5′′N

074°01′07′′ W (NAD 1983) to Governors

Island Light (2) (LLNR 35010), in

approximate position 40°41′34.5′′N

074°01′11′′ W (NAD 1983); north of a

line drawn from Governors Island, in

approximate position 40°41′25.3′′N

074°00′42.5′′W (NAD 1983) to the

southwest corner of Pier 9A, Brooklyn;

south of a line drawn through the

southern point of Roosevelt Island from

East 47th Street, Manhattan to 46 Road,

Brooklyn, and all waters of Newtown

Creek west of the Pulaski Bascule

Bridge.

Vessels equal to or greater than 20

meters (65.6 feet) in length, carrying

persons for the purpose of viewing the

fireworks, may take position in an area

inside the safety zone at least 200 yards

off the bulkhead on the west bank and

just off the pierhead faces on the east

bank of the East River between the

Williamsburg Bridge and a line drawn

through the East River Main Channel

Lighted Buoy 18 (LLNR 27335), to a

point on the Brooklyn shore at North

9th Street. All vessels must be in this

location by 6:30 p.m. (e.s.t.) on July 4,

2000.

Once in position within the zone, all

vessels must remain in position until

released by the Captain of the Port, New

York. On-scene-patrol personnel will

monitor the number of designated

vessels taking position in the viewing

area of the zone. If it becomes apparent

that any additional spectator vessels in

the viewing area will create a safety

hazard, the patrol commander may

prevent additional vessels from entering

it. After the event has concluded and

the fireworks barges have safely

relocated outside of the main channel,

vessels will be allowed to depart the

viewing area as directed by the patrol

commander.

We created the viewing area within

this safety zone in order to reduce

significant safety hazards in this area of

the East River, due in great part, to the

extremely strong currents. Based on

experience from similar events in this

area of the East River, we are concerned

that smaller spectator craft located in

between the two fireworks barge sites

could drift into the fallout zone of either

barge site. Additionally, experience

from previous events has also shown

that having large and small craft located

in a confined area presents safety

hazards for both sized vessels due to

vessel wake, anchor swing radii, and

restricted visibility of larger vessels in a

confined area.

One safety zone is required for this

large section of the East River because

the Coast Guard has a limited amount of

assets available to patrol this event of

national significance. If we made this

zone into two zones, we could not

adequately enforce the boundaries of

both zones, and the safety of the port

and the mariners would be

unacceptably compromised because of

the two nearby fireworks barge locations

in a confined waterway with significant

currents.

The Staten Island Ferries may

continue services to their ferry slip at

Whitehall Street, The Battery,

Manhattan, New York. Continuing ferry

services in the southwestern portion of

the safety zone will not create a hazard

nor be threatened by the fireworks

display because Vessel Traffic Services

New York will monitor and control the

transits of these ferries. Failure to allow

these continued ferry services will have

a negative impact on residents of Staten

Island, New York, and those persons

traveling to and from Manhattan at the

end of the holiday weekend.

The second safety zone includes all

waters of the Hudson River north of a

line drawn from the southwest corner of

Pier 94, Manhattan, to 40°46′31.3′′N,

074°00′37.9′′W (NAD 1983) onshore in

Weehawken, NJ, and south of a line

drawn from the northeast corner of Pier

D, Weehawken, NJ, to the northwest

corner of the northern pier of the West

30th Street Heliport in Manhattan.

The third safety zone includes all

waters of Upper New York Bay, east of

Liberty Island, bound by the following

points: 40°41′33.2′′N 074°02′24.4′′W;

40°41′11.3′′N 074°02′44.4′′W;

40°41′02.1′′N 074°02′25.1′′W;

40°41′09.1′′N 074°02′10.2′′W;

40°41′25.6′′N 074°02′09.6′′W (NAD

1983); thence to the point of beginning.

The fourth safety zone includes all

waters of Anchorage Channel, Upper

New York Bay, bound by the following

points: 40°38′12.4′′N 074°03′05.6′′W;

40°38′01.5′′N 074°03′00.7′′W;

40°37′21.0′′N 074°02′50.0′′W;

40°37′15.6′′N 074°03′16.6′′W;

40°38′08.3′′N 074°03′37.4′′W (NAD

1983); thence to the point of beginning.

The safety zones will be enforced

from 6:30 p.m. (e.s.t.) until 11:30 p.m.

(e.s.t.) on July 4, 2000. If the event is

cancelled due to inclement weather,

then this section will be enforced from

6:30 p.m. (e.s.t) until 11:30 p.m. (e.s.t.)

on July 5, 2000. The safety zones

prevent vessels from transiting these

portions of Upper New York Bay, the

East River and the Hudson River, and is

needed to protect boaters from the

hazards associated with fireworks

launched from 13 separate barges in the

area. No vessel may enter the safety

zones without permission of the Captain

of the Port, New York.

These safety zones cover the

minimum area needed and impose the

minimum restrictions necessary to

ensure the protection of all vessels and

the fireworks handlers aboard the

barges.

Public notifications will be made

prior to the event via Local Notice to

Mariners, marine information

broadcasts, facsimile, OPSAIL Inc.’s

website, and Macy’s waterways

telephone ‘‘hotline’’ at 212–494–5247.

BILLING CODE 4910–15–U

Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations 35829

BILLING CODE 4910–15–C

35830 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations

Search and Rescue Demonstrations

The Coast Guard is also establishing

a temporary safety zone for the OPSAIL

Search and Rescue demonstrations held

on and over the Hudson River between

Piers 83 and 90. This safety zone

includes all waters of the Hudson River

bound by the following points: from the

southeast corner of Pier 90, Manhattan,

where it intersects the seawall, west to

approximate position 40°46′10′′N,

074°00′13′′W (NAD 1983), south to

approximate position 40°45′54′′N,

074°00′25′′W (NAD 1983), then east to

the northeast corner of Pier 83 where it

intersects the seawall. This safety zone

will be enforced from 12 p.m. (e.s.t.)

until 6 p.m. (e.s.t.), Thursday, July 6,

through Saturday, July 8, 2000. It is

needed to protect boaters and

demonstration participants from the

hazards associated with United States

Military personnel demonstrating the

capabilities of aircraft and watercraft in

a confined area of the Hudson River.

This safety zone prevents vessels from

transiting only a portion of the Hudson

River. Marine traffic will still be able to

transit through the western 600 yards of

the 950-yard wide Hudson River during

the Search and Rescue demonstrations.

Vessels moored at piers within the

safety zone; however, will not be

allowed to transit from their moorings

without permission from the Captain of

the Port, New York, during the effective

periods of the safety zone. The Captain

of the Port does not anticipate any

negative impact on recreational or

commercial vessel traffic due to this

safety zone.

Public notifications will be made

prior to the Search and Rescue

Demonstrations via Local Notice to

Mariners, marine information

broadcasts, facsimile, and OPSAIL Inc.’s

website.

Discussion of Comments and Changes

The Coast Guard received no letters

commenting on the proposed

rulemaking. No changes were made to

this rulemaking.

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, the Hudson River, and

East River, 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 will

be made to the maritime community via

the Local Notice to Mariners, facsimile,

marine information broadcasts, the

sponsor’s website and phone hotline,

New York Harbor Operations Committee

meetings, public meetings for maritime

groups, 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, the annual Macy’s

July 4th fireworks display, and the

annual Fleet Week Sea and Air

demonstrations. Based upon the Coast

Guard’s experiences learned from these

previous events of a similar magnitude,

these regulations have been narrowly

tailored to impose the least impact on

maritime interests yet provide the level

of safety deemed necessary.

The sizes of the fireworks safety zones

were determined using National Fire

Protection Association and New York

City Fire Department standards for 10–

12 inch mortars fired from a barge,

combined with the Coast Guard’s

knowledge of tide and current

conditions in these areas.

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.

The Coast Guard certifies under 5

U.S.C. 605(b) that this rule will not have

a significant economic impact on a

substantial number of small entities.

For the reasons discussed in the

Regulatory Evaluation section above, the

Coast Guard certifies under 5 U.S.C.

605(b) that this rule will not have a

significant economic impact on a

substantial number of small entities.

This rule will 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, the Hudson River, and East River

during various times from July 4–8,

2000. These regulations will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: although these

regulations will apply to a substantial

portion of the Port of New York/New

Jersey, designated areas for viewing 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. Maritime traffic will also be able

to transit around the areas where the

Search and Rescue demonstrations are

being held. 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. The Coast

Guard is also holding public meetings

with maritime groups to explain the

schedule of events and approved

spectator craft viewing areas. In

addition, the sponsoring organization,

OPSAIL Inc., is planning to publish

information of the event in local

newspapers, pamphlets, and television

and radio broadcasts.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 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 18 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–

888–REG–FAIR (1–888–734–3247).

Collection of Information

This rule calls for no new collection

of information under the Paperwork

Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations 35831

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 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 and

concluded that, under figure 2–1,

paragraph 34(g), of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation. This rule

fits paragraph 34(g) as it establishes five

safety zones. 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 amends 33

CFR Part 165 as follows:

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 § 165.T01–009 to

read as follows:

§ 165.T01–009 Safety Zones: OPSAIL 2000

Fireworks Displays, and Search and Rescue

Demonstrations, Port of New York/New

Jersey.

(a) Safety Zones Locations and

Enforcement Periods.

(1) East River Fireworks Safety Zone.

All waters of the East River east of a line

drawn from the Fireboat Station Pier,

Battery Park City, in approximate

position 40°42′15.5′′N 074°01′07′′W

(NAD 1983) to Governors Island Light

(2) (LLNR 35010), in approximate

position 40°41′34.5′′N 074°01′11′′W

(NAD 1983); north of a line drawn from

Governors Island, in approximate

position 40°41′25.3′′N 074°00′42.5′′W

(NAD 1983) to the southwest corner of

Pier 9A, Brooklyn; south of a line drawn

through the southern point of Roosevelt

Island from East 47th street, Manhattan

to 46 Road, Brooklyn, and all waters of

Newtown Creek west of the Pulaski

Bascule Bridge.

(2) Hudson River Fireworks Safety

Zone. All waters of the Hudson River

north of a line drawn from the

southwest corner of Pier 94, Manhattan,

to 40°46′31.3′′N, 074°00′37.9′′W (NAD

1983) onshore in Weehawken, NJ, and

south of a line drawn from the northeast

corner of Pier D, Weehawken, NJ, to the

northwest corner of the northern pier of

the West 30th Street Heliport in

Manhattan.

(3) Liberty Island Fireworks Safety

Zone. All waters of Upper New York

Bay, east of Liberty Island, bound by the

following points: 40°41′33.2′′N

074°02′24.4′′W; 40°41′11.3′′N

074°02′44.4′′W; 40°41′02.1′′N

074°02′25.1′′W; 40°41′09.1′′N

074°02′10.2′′W; 40°41′25.6′′N

074°02′09.6′′W (NAD 1983); thence to

the point of beginning.

(4) Anchorage Channel Fireworks

Safety Zone. All waters of Anchorage

Channel, Upper New York Bay, bound

by the following points: 40°38′12.4′′N

074°03′05.6′′W; 40°38′01.5′′N

074°03′00.7′′W; 40°37′21.0′′N

074°02′50.0′′W; 40°37′15.6′′N

074°03′16.6′′W; 40°38′08.3′′N

074°03′37.4′′W (NAD 1983); thence to

the point of beginning.

(5) Search and Rescue

Demonstrations Safety Zone. All waters

of Hudson River bound by the following

points: from the southeast corner of Pier

90, Manhattan, where it intersects the

seawall, west to approximate position

40°46′10′′N, 074°00′13′′W (NAD 1983),

south to approximate position

40°45′54′′N, 074°00′25′′W (NAD 1983),

then east to the northeast corner of Pier

83 where it intersects the seawall.

(6) Enforcement period. Paragraphs

(a)(1) through (a)(4) will be enforced

from 6:30 p.m. (e.s.t.) until 11:30 p.m.

(e.s.t.) on Tuesday, July 4, 2000. If the

event is cancelled due to inclement

weather, then paragraphs (a)(1) through

(a)(4) will be enforced from 6:30 p.m.

(e.s.t.) to 11:30 p.m. (e.s.t.) on

Wednesday, July 5, 2000.

(7) Enforcement period. Paragraph

(a)(5) will be enforced daily from 12

p.m. (e.s.t.) until 6 p.m. (e.s.t.) from

Thursday, July 6, through Saturday, July

8, 2000.

(b) Effective period. This section is

effective from 6:30 p.m. (e.s.t.) on July

4, 2000, until 6 p.m. (e.s.t.) on July 8,

2000.

(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.

(4) Vessels may remain in the safety

zone described in paragraph (a)(1) for

the purpose of viewing the event in

accordance with the following preestablished viewing area: Vessels equal

to or greater than 20 meters (65.6 feet)

in length, carrying persons for the

purpose of viewing the fireworks, may

take position in an area at least 200

yards off the bulkhead on the west bank

and just off the pierhead faces on the

east bank of the East River between the

Williamsburg Bridge and a line drawn

through the East River Main Channel

Lighted Buoy 18 (LLNR 27335), to a

point on the Brooklyn shore at North

9th Street. All vessels must be

positioned in this viewing area within

the safety zone by 6:30 p.m. (e.s.t.) on

July 4, 2000.

35832 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations

Dated: June 1, 2000.

R.E. Bennis,

Captain, U.S. Coast Guard, Captain of the

Port, New York.

[FR Doc. 00–14111 Filed 6–1–00; 4:28 pm]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

COAST GUARD

33 CFR Part 165

[CGD01–98–151]

RIN 2115–AE84

Regulated Navigation Area: Navigable

Waters Within the First Coast Guard

District

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard amends the

regulations at 33 CFR 165.100 that

establish a Regulated Navigation Area

(RNA) within the navigable waters of

the First Coast Guard District. This Final

Rule makes permanent the existing

temporary authority of a Captain of the

Port (COTP) to issue exemptions from

the positive control of barges provisions

of the RNA. These exemptions are

authorized in limited circumstances in

which an applicant employs equivalent

levels of safety in the operation of

vessels towing tank barges. This Final

Rule removes the expiration date set in

the Interim Rule for the exemption

authority. The exemption authority is

consistent with requirements of the

relevant provisions of the Coast Guard

Authorization Act of 1998, and with the

purposes of environmental protection

regulations to reduce the risk of oil

spills in the marine environment, while

accounting for the impact of the RNA on

small entities.

DATES: This Final Rule is effective 1 July

2000.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at Commander

(m), First Coast Guard District, 408

Atlantic Ave., Boston, MA 02210–3350.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Rich Klein, c/o Commander

(m), First Coast Guard District, 408

Atlantic Ave., Boston, MA 02210–3350;

telephone 617–223–8243.

SUPPLEMENTARY INFORMATION:

Regulatory History

After the oil spill that resulted from

the grounding of the Tank Barge

NORTH CAPE off the coast of Rhode

Island in 1996, a group comprised of

operators of towing vessels and tank

barges, environmental organizations,

State agencies, and Coast Guard

officials, formed the Regional Risk

Assessment Team (RRAT). The purpose

of the RRAT was to review operating

procedures for tugs and barges in the

Northeast. The RRAT issued a report

that included recommended actions to

minimize risks peculiar to the

transportation of petroleum in the

waters of the First Coast Guard District.

On October 13, 1998, the Coast Guard

published in the Federal Register (63

FR 54639) a Notice of Proposed

Rulemaking (NPRM) entitled ‘‘Regulated

Navigation Area: Navigable Waters

within the First Coast Guard District.’’

That NPRM addressed many of the

issues that the RRAT also addressed.

On November 13, 1998, Congress

enacted the Coast Guard Authorization

Act of 1998 (Act). Section 311 of the Act

required the Coast Guard, under

authority delegated by the Secretary of

Transportation, to promulgate

regulations for the safety of towing

vessels and tank barges in waters of the

Northeast not later than December 31,

1998. Section 311(b)(1)(B) of the Act

required the Coast Guard to fully

consider each recommendation from the

RRAT report. On December 30, 1998,

the Coast Guard published in the

Federal Register (63 FR 71764) a Final

Rule establishing the RNA for the waters

of the Northeast.

After publication of the Final Rule,

several companies in the towing and

tank barge industry affected by the RNA

notified the Coast Guard that they were

concerned about the economic impact of

the RNA’s positive barge control

provisions. Acting on these concerns,

the Coast Guard published an Interim

Rule in the Federal Register (64 FR

12746) on March 15, 1999, that

temporarily authorized COTPs to

exempt vessels from the positive barge

control provisions based upon

equivalent levels of safety. The Interim

Rule also sought out comments on the

economic impact of the positive barge

control provisions on small entities. We

conducted a public meeting on April 16,

1999 in New Haven, CT. The meeting

was attended by 13 individuals, and

there were 8 speakers.

Background and Purpose

Prior to publication of the Interim

Rule, 33 CFR 165.100(d)(1)(i) required

that single-hull tank barges carrying

petroleum and operating in the

navigable waters of the First Coast

Guard District either be towed by a tug

equipped with twin-screws and two

engines, or be escorted by a second tug.

Double-hull tank barges and certain

small barges in confined waters were

exempt from this requirement. The

positive control provision in the RNA

addressed the hazards associated with

operating single-hull tank barges with

single-screw tugs in the First Coast

Guard District waters. However, it

provided little flexibility to address

special circumstances. This Final Rule

provides COTPs with the authority to

address special circumstances. This

exemption authority is consistent with

RRAT report that had recommended

that the Coast Guard establish a

regulatory provision authorizing

exemptions in limited circumstances.

Under the final regulations, the COTP

may consider exempting operators from

the positive barge control provision

upon the operator’s demonstration of

equivalent measures of safety. The

exemptions, if granted, would result in

the continued use of a single-screw and/

or single-engine tug to tow a single-hull

tank barge without an escort tug on the

navigable waters of the First Coast

Guard District. In determining whether

to grant an exemption of the positive

control provisions, the COTP will

consider a variety of factors including,

but not limited to, the availability of

timely on-call tug assistance, the time of

transit, the route, the weather,

environmental factors, the amount and

grade of cargo, the existence and

sufficiency of anchoring and retrieval

equipment on a manned barge, transits

in protected waters, and the

construction of the tank barge, as well

as the operators’ overall safety record.

Requests for exemptions must be

submitted in writing to each COTP in

whose zone the barge intends to operate.

Operators whose vessels transit multiple

COTP zones must apply for the

exemption from each COTP. COTPs will

consult with each other in such cases.

The Final Rule is responsive to the

needs of small businesses, and gives the

COTP the flexibility to weigh risk while

continuing to safeguard the

environment.

This rule makes permanent the

exemption process of the Interim Rule,

which is set to expire on June 30, 2000.

Because of the need to keep that

exemption process authority, under

U.S.C. 553(d)(1), this rule is effective in

less than 30 days. Additionally, to

remain responsive to industry needs

while continuing to protect the

environment and for the other reasons

stated in the preamble of this rule, the

Coast Guard finds good cause under 553

U.S.C. (d)(3) for making this rule

effective in less than 30 days.