33760 Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations
(ii) Special subgroup rule. In the event language ‘‘1.1502–3T(c)(4)’’ and adding entitled Temporary Regulations: that the principles of § 1.1502–21(g)(1) ‘‘1.1502–3(d)(4)’’ in its place. OPSAIL 2000/International Naval do not apply to a particular credit 2. In paragraph (b)(1)(v), the last Review 2000 (INR 2000), Port of New carryover in the current group, then sentence is amended by removing the York/New Jersey in the Federal Register solely for purposes of applying this language ‘‘1.1502–3T(c)(4)’’ and adding (65 FR 5833). On February 14, 2000, we paragraph (h)(4)(iii) to determine the ‘‘1.1502–3(d)(4)’’ in its place. published a correction to this NPRM limitation with respect to that carryover entitled Temporary Regulations: and with respect to which the SRLY Robert E. Wenzel, OPSAIL 2000/International Naval register (the aggregate of the member’s Deputy Commissioner of Internal Revenue. Review 2000 (INR 2000), Port of New or subgroup’s contribution to Approved: May 8, 2000. York/New Jersey in the Federal Register consolidated section 53(c) limitation Jonathan Talisman, (65 FR 7333). We received no letters reduced by the aggregate of the Deputy Assistant Secretary of the Treasury. commenting on the proposed rule. No member’s or subgroup’s minimum tax [FR Doc. 00–11901 Filed 5–24–00; 8:45 am] public hearing was requested, and none credits arising and absorbed in all BILLING CODE 4830±01±P was held. consolidated return years) began in a Background and Purpose taxable year for which the due date of The U.S. Navy is sponsoring the the return is on or before May 25, 2000, DEPARTMENT OF TRANSPORTATION the principles of § 1.1502–21(c)(2) shall International Naval Review. This event be applied without regard to the phrase Coast Guard consists of the anchoring of ‘‘or for a carryover that was subject to approximately 50 U.S. and foreign naval the overlap rule described in paragraph 33 CFR Parts 100, 110, and 165 vessels in line between the Verrazano- (g) of this section or § 1.1502–15(g) with Narrows Bridge and the George respect to another group (the former [CGD01±99±050] Washington Bridge. A high level U.S. dignitary will transit aboard a U.S. Navy group).’’ RIN 2115±AA97, AA98, AE46 (2) Overlap rule. Paragraph vessel along this line as a ceremonial (h)(4)(iii)(B)(5) of this section (relating Temporary Regulations: OPSAIL 2000/ review. Operation Sail, Inc. is to overlap with section 383) applies to International Naval Review 2000 (INR sponsoring the seventh OPSAIL Parade taxable years for which the due date 2000), Port of New York/New Jersey of Tall Ships, as well as a fireworks (without extensions) of the consolidated display co-sponsored by Macy’s Inc. return is after May 25, 2000. For AGENCY: Coast Guard, DOT. Operation Sail consists of a parade of purposes of paragraph (h)(4)(iii)(B)(5) of ACTION: Temporary final rule. sailing vessels from the Verrazano- this section, only an ownership change Narrows Bridge north past a reviewing to which section 383, as amended by the SUMMARY: The Coast Guard is stand aboard the U.S.S. John F. Kennedy Tax Reform Act of 1986 (100 Stat. 2095), establishing temporary regulations in (CV–67) anchored in Federal Anchorage applies and which results in a section New York Harbor, Sandy Hook Bay, the 21B in Upper New York Bay. This 383 credit limitation shall constitute a Hudson and East Rivers, and the Kill parade will continue north to the George section 383 event. The optional effective Van Kull for OPSAIL 2000/INR 2000 Washington Bridge where these vessels date rule of § 1.1502–3(d)(4) (generally activities. This action is necessary to will turn south and go to berth making this paragraph (h)(4)(iii) also provide for the safety of life on throughout the Port of New York and applicable to a consolidated return year navigable waters during OPSAIL 2000/ New Jersey. These events are scheduled beginning on or after January 1, 1997, if INR 2000. This action is intended to to take place on July 4, 2000, in the Port the due date of the income tax return restrict vessel traffic in portions of New of New York/New Jersey, on the waters (without extensions) was on or before York Harbor, Sandy Hook Bay, the of New York Harbor, Sandy Hook Bay, the Hudson and East Rivers, and the Kill March 13, 1998) does not apply with Hudson and East Rivers, and the Kill Van Kull. The Coast Guard expects a respect to paragraph (h)(4)(iii)(B)(5) of Van Kull. minimum of 40,000 spectator craft for this section (relating to the overlap DATES: This rule is effective from 12 these events. These regulations create rule). p.m. e.s.t. on June 29, 2000, until 12 p.m. e.s.t. on July 5, 2000. temporary anchorage regulations, vessel § 1.1502±55T [Removed] movement controls, and two security ADDRESSES: Comments and material zones. The regulations will be in effect Par. 8. Section 1.1502–55T is received from the public, as well as at various times in the Port of New York removed. documents indicated in this preamble as and New Jersey during the period June Par. 9. Section 1.1502–98 is amended being available in the docket, are part of 29, 2000 through July 5, 2000. The by adding a sentence immediately docket CGD01–99–050 and are available vessel congestion due to the large following the first sentence to read as for inspection or copying at room 205, number of participating and spectator follows: of the Waterways Oversight Branch of vessels poses a significant threat to the Coast Guard Activities New York, § 1.1502±98 Coordination with section 383. safety of life. This rulemaking is between 8 a.m., e.s.t. and 3 p.m., e.s.t. * * * For example, subgroups with necessary to ensure the safety of life on Monday through Friday, except Federal respect to the carryover of general the navigable waters of the United holidays. business credits, minimum tax credits, States. unused foreign tax, and net capital loss FOR FURTHER INFORMATION CONTACT: Regulated Areas are determined by applying the Lieutenant J. Lopez, Waterways principles of § 1.1502–91(d)(1). * * * Oversight Branch, Coast Guard The Coast Guard is establishing two Activities New York (718) 354–4193. regulated areas in New York Harbor that § 1.1502±9A [Amended] SUPPLEMENTARY INFORMATION: will be in effect from July 3–5, 2000. Par. 10. Section 1.1502–9A is These two regulated areas are needed to amended as follows: Regulatory Information protect the maritime public and 1. In paragraph (a)(2), the last On February 7, 2000, we published a participating vessels from possible sentence is amended by removing the notice of proposed rulemaking (NPRM) hazards to navigation associated with;
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Regulated Area B covers all waters of Verrazano-Narrows Bridge; and east of a This regulated area is for the New York Harbor, Upper Bay, the line drawn from shore to shore along International Naval Review, the Parade Hudson, Harlem, and East Rivers, and 074°05′15″ W (NAD 1983) between New of Tall Ships, and the July 4th fireworks the Kill Van Kull within the following Brighton, Staten Island, and Constable display. This regulated area is effective boundaries: south of 40°52′39″ N (NAD Hook, New Jersey, in the Kill Van Kull. from 10 a.m., e.s.t. on July 3, 2000, until 1983) on the Hudson River at Spuyten Please see Chartlet II, depicting 10 a.m., e.s.t. on July 5, 2000. Duyvil Creek; west of the Throgs Neck Regulated Area B, included with this Bridge on the East River; north of the TFR for the convenience of the reader.
BILLING CODE 4910±15±C
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Spectator vessels transiting Regulated along the western side of the Anchorage Anchorage, Caven Point Anchorage, Area A or B must do so at no wake Channel. The U.S. Navy Review Ship Jersey Flats Anchorage and Robbins speed or at speeds not to exceed 10 will transit south along this column Reef Anchorage in New York Harbor’s knots, whichever is less. No vessels from the George Washington Bridge to Upper Bay, and a temporary Anchorage other than OPSAIL 2000/INR 2000 the Verrazano-Narrows Bridge and Ground from north of the Verrazano- vessels, their assisting tugs, and conduct a review of all the participating Narrows Bridge to Owls Head Park enforcement vessels, may enter or naval ships. After the INR, along the Brooklyn shoreline navigate within the boundaries of the approximately 300 vessels will exclusively for spectator vessel use from Anchorage Channel or Hudson River in participate in the Parade of Sailing 12 p.m., e.s.t. on June 29, 2000, until 12 regulated Area B unless specifically Vessels which will take place in Area B p.m., e.s.t. on July 5, 2000. The authorized by the Coast Guard Captain between the Verrazano-Narrows Bridge temporary Narrows Anchorage is being of the Port, New York, or his on-scene and the George Washington Bridge expanded to authorize a larger viewing representative. No vessel may anchor in (river mile 11.0) on the Hudson River. area for spectator vessels between 25 the Anchorage Channel or Hudson River Additionally, Area B will contain 11–13 meters (82 feet) and 60 meters (197 feet). outside of the designated spectator fireworks barges being used for the July The expanded area includes all waters anchorages in Regulated Area B at any 4th fireworks display. Fireworks barges of Anchorage Channel east of a line time without authorization. The will be located in the Hudson River drawn between Gowanus Flats Lighted operation of seaplanes, including between the Holland Tunnel Ventilators Bell Buoy 22 (LLNR 34945) and Bay taxiing, landing, and taking off, is and West 65th Street in Manhattan, in Ridge Channel Lighted Buoy 2 (LLNR prohibited in Area B on July 3–4, 2000, the East River between the southern tip 36872) to the western boundary of the without prior written authorization from of Roosevelt Island and The Battery, east temporary Narrows Anchorage. the Captain of the Port. Ferry services of Liberty Island, and in the Anchorage The Coast Guard also designates may operate in Area B on July 3 and 5, Channel north of the Verrazano-Narrows Anchorage Grounds 21–B, 23–A, 23–B, 2000. On July 4, 2000 only those ferry Bridge. and 24 in New York Harbor’s Upper Bay services with prior written authorization Anchorage Regulations for OPSAIL 2000/INR 2000 participant from the Coast Guard Captain of the Port vessels. These regulations are effective will be authorized to operate in this The Coast Guard is also establishing from 3 a.m., e.s.t. July 1, 2000, through area. temporary Anchorage Regulations for 6 p.m., e.s.t. July 5, 2000. Other vessels No vessel, other than OPSAIL 2000/ participating OPSAIL 2000/INR 2000 may be authorized to use these INR 2000 vessels, their assisting tugs, ships and spectator craft. Some current anchorages on July 1 and 2, 2000 as and enforcement vessels, is permitted to Anchorage Regulations in 33 CFR determined by the Captain of the Port, transit the waters between Governors 110.155 are temporarily suspended by New York. Island and The Battery in southern this regulation and new Anchorage Manhattan from 7 a.m., e.s.t. July 4, Grounds and regulations are being Additionally, the Coast Guard 2000 until the end of the Parade of Sail. temporarily established. Chartlets I, III, designates Anchorage Ground 25 and a Vessels which must transit to or from and IV illustrate the anchorage grounds temporarily established Anchorage the East River may only do so by using and are included for the convenience of Ground covering portions of Anchorage Buttermilk Channel unless otherwise the reader. Grounds 26, 49–F and 49G in Sandy authorized by the Coast Guard Captain The anchorage regulations designate Hook Bay for OPSAIL 2000/INR 2000 of the Port, New York, or his on-scene selected current or temporarily participant vessels. These proposed representative. established Anchorage Grounds for regulations are effective from 6 a.m., Regulated Area A contains three spectator or OPSAIL 2000/INR 2000 e.s.t. July 2, 2000, through 4 p.m., e.s.t. anchorage grounds for use by OPSAIL participant vessel use only. They restrict July 4, 2000. 2000/INR 2000 vessels only and it will all other vessels from using these The eastern portions of the Jersey also serve as a staging area for the Anchorage Grounds during a portion of Flats and Robbins Reef Anchorages and vessels participating in the Parade of the OPSAIL 2000/INR 2000 event. The the Narrows Temporary Anchorage Sail. Regulated Area B contains Anchorage Grounds are needed to Ground are for vessels between 25 anchorage grounds for OPSAIL 2000/ provide viewing areas for spectator meters (82 feet) and 60 meters (197 feet) INR 2000 vessels and spectator craft. It vessels while maintaining a clear parade in length. Anchorage 21–C is for vessels contains the International Naval Review route for the participating OPSAIL/INR greater than 60 meters (197 feet). of Ships on the Hudson River and New vessels and to protect boaters and Positioning within these three York Harbor’s Upper Bay, from the spectator vessels from the hazards anchorages will be controlled by the Verrazano-Narrows Bridge to the George associated with the International Naval Captain of the Port, New York. Persons Washington Bridge (river mile 11.0). Review and the Parade of Tall Ships. desiring to use these anchorages must The International Naval Review will be The Coast Guard designates have a permit from the Captain of the conducted on the morning of July 4, Anchorage Grounds 16, 17, and 18–A in Port New York. A lottery was held to 2000 and consists of a column of the Hudson River in the vicinity of the determine vessel anchorage locations approximately 50 International Naval George Washington Bridge (river mile and applications are no longer being Ships anchored in the Hudson River 11.0); and the temporarily established accepted. and New York Harbor’s Upper Bay Liberty Island Anchorage, Ellis Island BILLING CODE 4910±15±U
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Security Zones area because the expanded area does not activity in the Port of New York/New The Coast Guard is establishing a include any navigable channels and it Jersey to continue, relatively unaffected. moving security zone for all waters would not have been used by vessels. Similar regulated areas were established within 500 yards of the Review Ship for But it will have a positive impact for the 1986 and 1992 OPSAIL events. the International Naval Review from 7 because it provides space for five extra Based upon the Coast Guard’s a.m., e.s.t. until 11 a.m., e.s.t. on July 4, spectator craft that were alternate experiences learned from these previous 2000. The Review Ship will be the U.S. winners of the lottery drawing for events of a similar magnitude, these Navy vessel that is anchored the furthest anchorage spots in the area. proposed regulations have been We changed section 110.155’s north in the Hudson River at 7 a.m., narrowly tailored to impose the least introductory note to emphasize the impact on maritime interests yet e.s.t. on July 4, 2000. This ship will get mariners’ need to exercise caution while provide the level of safety deemed underway and transit down the Hudson using the temporarily designated necessary. River and Upper New York Bay between anchorage areas for OPSAIL 2000/INR One substantive change is being made the George Washington Bridge (river 2000. While we are not aware of any to the Temporary final rule. The mile 11.0) and the Verrazano-Narrows safety problems associated with these temporary Narrows Anchorage is being Bridge. The Review Ship will be easily temporary anchorage areas, we can not expanded to authorize a larger viewing identifiable during its transit because it ensure the anchor holding capability of area for spectator vessels between 25 will be the only large U.S. Navy vessel each area nor that the bottoms are free meters (82 feet) and 60 meters (197 feet). that is underway at this time in the Port from obstructions. Consequently, we are The expanded area includes all waters of New York, and it will be escorted by advising mariners to take appropriate of Anchorage Channel east of a line numerous U.S. Coast Guard small boats. precautions including using all means drawn between Gowanus Flats Lighted A second security zone is established available to ensure their vessels are not Bell Buoy 22 (LLNR 34945) and Bay for all waters within 500 yards of the dragging anchor. But based on past Ridge Channel Lighted Buoy 2 (LLNR U.S.S. John F. Kennedy (CV–67), from experience with these temporary 36872) to the western boundary of the 10 a.m., e.s.t. until 5 p.m., e.s.t. on July anchorage areas, we have no reason to temporary Narrows Anchorage, and 4, 2000 while in Anchorage 21–B and believe they are not adequate for their south of the current southern boundary while being used as the reviewing stand intended use. of Federal Anchorage 21–C. We expect for the Parade of Sailing Vessels. this change to have no adverse Regulatory Evaluation Numerous dignitaries who require economic impact as it increases the size Secret Service protection will be This rule is not a ‘‘significant of the available spectator craft viewing onboard both Navy vessels. Due to the regulatory action’’ under section 3(f) of area in the Narrows Temporary dignitaries’ attendance, security zones Executive Order 12866 and does not anchorage without closing any portions are required to ensure the proper level require an assessment of potential costs of any navigable channels. As originally of protection to prevent sabotage or and benefits under section 6(a)(3) of that published in the NPRM, this area would other subversive acts, accidents, or other Order. The Office of Management and not have been used by any vessels. activities of a similar nature to the Port Budget has not reviewed it under that of New York/New Jersey. Order. It is not ‘‘significant’’ under the Small Entities Discussion of Comments and Changes regulatory policies and procedures of Under the Regulatory Flexibility Act the Department of Transportation (DOT) (5 U.S.C. 601–612), we considered We received no letters commenting on (44 FR 11040, February 26, 1979). whether this rule would have a the proposed rule, but we did make two We expect the economic impact of significant economic impact on a minor changes to it. The temporary this rule to be so minimal that a full substantial number of small entities. Narrows Anchorage is being expanded Regulatory Evaluation under paragraph The term ‘‘small entities’’ comprises to make a larger viewing area for 10e of the regulatory policies and small businesses, not-for-profit spectator vessels between 25 meters (82 procedures of DOT is unnecessary. organizations that are independently feet) and 60 meters (197 feet). The Although this regulation prevents owned and operated and are not expanded area includes all waters of traffic from transiting a portion of New dominant in their fields, and Anchorage Channel east of a line drawn York Harbor, Sandy Hook Bay, the governmental jurisdictions with between Gowanus Flats Lighted Bell Hudson and East Rivers, and the Kill populations of less than 50,000. Buoy 22 (LLNR 34945) and Bay Ridge Van Kull during the events, the effect of For the reasons discussed in the Channel Lighted Buoy 2 (LLNR 36872) this regulation will not be significant for Regulatory Evaluation section above, the to the western boundary of the the following reasons: The limited Coast Guard certifies under 5 U.S.C. temporary Narrows Anchorage, and duration that the regulated areas will be 605(b) that this rule would not have a south of the current southern boundary in effect and the extensive advance significant economic impact on a of Federal Anchorage 21–C. This change notifications that have been and will be substantial number of small entities. increases the length of the temporary made to the maritime community via This rule would affect the following Narrows Anchorage by 1,450 yards. The the Local Notice to Mariners, facsimile, entities, some of which might be small increased anchorage length is necessary marine information broadcasts, New entities: The owners or operators of because it provides a greater area for York Harbor Operations Committee vessels intending to transit or anchor in spectator craft to anchor in. It is also meetings, and New York area portions of Lower and Upper New York easier to enforce as the western newspapers, so mariners can adjust Bay and the Hudson and East Rivers boundary is now aligned with the their plans accordingly. At no time will during various times from June 29–July western boundary of Federal Anchorage commercial shipping access to Port 5, 2000. These regulations will not have No. 21–C. This will provide one straight Newark/Port Elizabeth facilities be a significant economic impact on a boundary line to enforce as opposed to prohibited. Access to those areas may be substantial number of small entities for three boundary lines as originally accomplished using Raritan Bay, Arthur the following additional reasons: planned. The expanded temporary Kill, Kill Van Kull, and Newark Bay as Although these regulations will apply to Narrows Anchorage area will not have an alternate route. This will allow the a substantial portion of the Port of New a negative impact on vessel traffic in the majority of the maritime industrial York/New Jersey, designated areas for
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(b) Special local regulations. (1) No (c) Effective period. This section is (d) * * * vessel except OPSAIL 2000/INR 2000 applicable from 6 a.m., e.s.t. on July 3, (10) * * * participating vessels and their assisting 2000, until 10 a.m., e.s.t. on July 5, (ii) This anchorage is for OPSAIL tugs, spectator vessels, and those vessels 2000. 2000 participating vessels only. exempt from the regulations in this (11) * * * section, may enter or navigate within PART 110ÐANCHORAGE (iii) This anchorage is reserved for Areas A and B, unless specifically REGULATIONS OPSAIL 2000/INR 2000 participating authorized by the Coast Guard Captain vessels. No other vessel may anchor or 3. The authority citation for part 110 of the Port, New York, or his on-scene operate in this area within 100 yards of continues to read as follows: representative. OPSAIL 2000/INR 2000 participating (2) Vessels transiting Area B must do Authority: 33 U.S.C. 471, 1221 through vessels. so at no wake speed or at speeds not to 1236, 2030, 2035 and 2071; 49 CFR 1.46 and (12) * * * exceed 10 knots, whichever is less. 33 CFR 1.05–1(g). (iii) This anchorage is for vessels (3) Not withstanding paragraph (b)(1) 4. Effective June 29, 2000 through July greater than 60 meters (197 feet) in of this section, no vessel, other than 5, 2000, § 110.155 is temporarily length. Persons desiring to use this OPSAIL 2000/INR 2000 Vessels, their amended as follows: anchorage must hold a permit from the assisting tugs, and enforcement vessels, a. Add introductory text to the Captain of the Port New York on their may enter or navigate within the beginning of the section; vessel. A lottery was held to determine boundaries of the main shipping b. Add new paragraphs (c)(1)(ii), vessel anchorage locations and channels in Area B unless they are (c)(2)(ii), (c)(3)(ii); applications are no longer being specifically authorized to do so by Coast c. Paragraphs (d)(1) through (d)(5), accepted. Guard Captain of the Port, New York, or (d)(7) through (d)(9), (d)(10)(i), (d)(12)(i) (iv) This anchorage is available for his on-scene representative. No vessel in and the introductory text of paragraph vessels observing or participating in Area B is permitted to cross through the (d)(16) are suspended and new OPSAIL 2000/INR 2000 festivities and parade of sail, cross within 500 yards of paragraphs (d)(10)(ii), (d)(11)(iii), which have been authorized by the the lead or last vessel in the parade of (d)(12)(iii) through (d)(12)(iv), Coast Guard Captain of the Port, New sail, or maneuver alongside within 100 (d)(13)(vi), (d)(14)(iv), (d)(15)(iii), and York. No vessel may anchor within this yards of any OPSAIL 2000/INR 2000 (d)(17) through (d)(20) are added; area without authorization to do so. Vessel unless authorized to do so by the d. Add new paragraph (e)(1)(iii); (13) * * * e. The Note to paragraph (f)(1) Captain of the Port. (vi) See paragraph (d)(12)(iv) of this (4) No vessel is permitted to anchor in introductory text is suspended; section. f. Paragraphs (m)(2)(i) through the Anchorage Channel or the Hudson (14) * * * (m)(2)(ii) and (m)(3)(i) are suspended River outside of the designated (iv) See paragraph (d)(12)(iv) of this and new paragraphs (m)(2)(iii) and anchorages at any time without section. (m)(3)(ii) are added; (15) * * * authorization. Vessels which need to g. Paragraph (n)(1) is suspended; and anchor to maintain position will only do (iii) See paragraph (d)(12)(iv) of this h. Add new paragraphs (o) and (p). section. so in designated anchorage areas. The additions read as follows: (5) No vessel, other than OPSAIL * * * * * 2000/INR 2000 Vessels, their assisting § 110.155 Anchorage Grounds; Port of (17) The anchorages in this paragraph tugs, and enforcement vessels, is New York. (d)(17) are designated for the exclusive permitted to transit the waters between The designated anchorage grounds in use of spectator vessels less than 25 Governors Island and The Battery in this section have not been specially meters (82 feet) in length on a first southern Manhattan from 7 a.m., e.s.t. surveyed or inspected and navigational come, first served basis. July 4, 2000 until the end of the Parade charts may not show all seabed (i) Ellis Island Anchorage. That area of Sailing Vessels. Vessels which must obstructions or shallowest depths. bound by the following points: transit to or from the East River may Additionally, the anchorages are in 40°41′55″ N, 074°02′56″ W; 40°41′29.5″ only do so by using Buttermilk Channel, areas of substantial currents. Mariners N, 074°02′05″ W; 40°41′42″ N, unless otherwise authorized by the who use these temporary anchorages 074°02′00.5″ W; 40°41′55″ N, 074°01′58″ Coast Guard Captain of the Port, New should take appropriate precautions, W; 40°42′05″ N, 074°01′57″ W; York, or his designated on-scene including using all means available to 40°42′20.5″ N, 074°02′06″ W (NAD representative. ensure your vessel is not dragging 1983); thence along the shoreline to the (6) Ferry services may operate in Area anchor. Finally, these are not special point of beginning. B on July 3 and 5, 2000. On July 4, 2000 anchorage areas. Thus vessels must (ii) Liberty Island Anchorage. That only those with prior written display anchor lights, as required by the area bound by the following points: authorization from the Coast Guard navigation rules. 40°41′30.5″ N, 074°03′15.5″ W; Captain of the Port will be authorized to 40°41′11.5″ N, 074°02′44″ W; 40°41′34″ * * * * * ° ′ ″ ° ′ ″ operate in this area. (c) * * * N, 074 02 26.5 W; 40 41 51.5 N, (7) The operation of seaplanes, (1) * * * 074°02′59.5″ W (NAD 1983); thence including taxiing, landing, and taking (ii) This anchorage is designated for along the shoreline to the point of off, is prohibited in Area B on July 3– the exclusive use of spectator vessels beginning. 4, 2000, without prior written less than 25 meters (82 feet) in length on (iii) Caven Point Anchorage. That area authorization from the Captain of the a first come, first served basis. bound by the following points: Port. (2) * * * 40°40′33″ N, 074°03′33″ W; 40°40′25″ N, (8) All spectator vessels must (ii) See paragraph (c)(1)(ii) of this 074°03′23″ W; 40°40′09.5″ N, 074°02′59″ maintain their position in the section. W; 40°40′59.5″ N, 074°02′26.5″ W; designated spectator craft anchorages (3) * * * 40°41′26″ N, 074°03′18″ W (NAD 1983); during the fireworks display on July 4th (ii) See paragraph (c)(1)(ii) of this thence along the shoreline and the scheduled from 9 p.m., e.s.t. until 10:45 section. Caven Point Pier to the point of p.m., e.s.t. * * * * * beginning.
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(18) Jersey Flats Anchorage. That area (2) * * * (i) The introductory text of this bound by the following points: (iii) Anchorage No. 49–F is reserved section is applicable. 40°39′57″ N, 074°04′00″ W; 40°39′50″ N, for vessels as set out in paragraph (o)(2) (ii) The suspension of paragraphs 074°03′56″ W; 40°39′35″ N, 074°03′22″ of this section. (d)(1) through (5), (d)(10)(i), (n)(1), the W; 40°40′02.5″ N, 074°03′04″ W; (3) * * * introductory text of paragraph (d)(16), 40°40′53″ N, 074°04′17″ W (NAD 1983); (ii) Anchorage No. 49–G is reserved and the note to paragraph (f)(1) thence along the shoreline to the point for vessels as set out in paragraph (o)(2) introductory text of this section is of beginning. of this section. applicable. (i) The area west of the eastern end of * * * * * (iii) Paragraphs (d)(10)(ii), (d)(17) the Global Marine Terminal Pier is for (o) Temporary Anchorage Grounds. through (20) and (p) of this section are the exclusive use of spectator vessels (1) Narrows Anchorage. That area bound applicable. (2) The suspension of paragraphs less than 25 meters (82 feet) in length on by the following points: 40°38′17″ N, (d)(7) through (9) of this section is a first come, first served basis. The area 074°02′18.5″ W; 40°38′22″ N, 074°02′39″ applicable from 3 a.m., e.s.t. on July 3, east of the eastern end of the Global W; 40°38′02.5″ N, 074°02′47.5″ W; Marine Terminal Pier is for vessels ° ′ ″ ° ′ ″ ° ′ ″ 2000 through 12 noon on July 5, 2000. 40 38 03 N, 074 03 02 W; 40 37 21.5 (3) From 3 a.m., e.s.t. on July 3, 2000 between 25 meters (82 feet) and 60 N, 074°02′48.5″ W; 40°36′31″ N, meters (197 feet) in length. ° ′ ″ ° ′ ″ through 6 a.m., e.s.t. on July 5, 2000: 074 02 34 W; 40 36 36.5 N, (i) The suspension of paragraph (ii) Persons desiring to use this ° ′ ″ ° ′ ″ 074 02 15.5 W; 40 36 53.5 N, (d)(12)(i) of this section is applicable. anchorage must hold a permit from the 074°02′28.5″ W; 40°37′13″ N, 074°02′34″ (ii) Paragraphs (d)(11)(iii), (d)(12)(iii) Captain of the Port New York on their W; 40°37′44″ N, 074°02′33″ W; thence to and (iv), (d)(13)(vi), (d)(14)(iv), and vessel. A Lottery was held to determine the point of beginning at 40°38′17″ N, (d)(15)(iii) of this section are applicable. vessel anchorage locations and 074°02′18.5″ W (NAD 1983). (4) From 6 a.m., e.s.t. on July 2, 2000 applications are no longer being (i) This anchorage is designated for through 4 p.m., e.s.t. on July 4, 2000: accepted. the exclusive use of spectator vessels (i) The suspensions of paragraphs (19) Robbins Reef Anchorage. That between 25 meters (82 feet) and 60 (m)(2)(i) and (ii), and (m)(3)(i) of this area bound by the following points: meters (197 feet) in length. Persons section are applicable. 40°39′19.5″ N, 074°05′10″ W; 40°39′00″ desiring to use this anchorage must hold (ii) Paragraphs (m)(2)(iii), (m)(3)(ii), N, 074°03′46″ W; 40°39′22″ N, a permit from the Captain of the Port and (e)(1)(iii) of this section are 074°03′29″ W; 40°39′49.5″ N, 074°04′06″ New York on their vessel. A lottery was applicable. W; (NAD 1983); thence along the held to determine vessel anchorage (5) From 6 a.m., e.s.t. on July 2, 2000 shoreline to the point of beginning. locations and applications are no longer through 12 noon on July 5, 2000, (i) The area west of the eastern end of being accepted. paragraph (o) of this section is the Military Ocean Terminal Pier is for (ii) Effective period. Paragraph (o)(1) applicable. the exclusive use of spectator vessels of this section is applicable from 12 (6) From 12 noon on July 2, 2000 less than 25 meters (82 feet) in length on p.m., e.s.t. on July 2, 2000, through 12 through 12 noon on July 5, 2000, a first come, first served basis. The area noon on July 5, 2000. paragraphs (c)(1)(ii), (c)(2)(ii), and east of the eastern end of the Military (2) Sandy Hook Bay Anchorage. That (c)(3)(ii) of this section are applicable. Ocean Terminal Pier is for vessels area bound by the following points: * * * * * between 25 meters (82 feet) and 60 40°28′30″ N, 074°01′42″ W; 40°27′56″ N, meters (197 feet) in length. 074°01′35″ W; 40°27′54″ N, 074°01′25″ PART 165ÐREGULATED NAVIGATION (ii) Persons desiring to use this W; 40°26′00″ N, 074°00′58″ W; AREAS AND LIMITED ACCESS AREAS anchorage must hold a permit from the 40°26′00″ N, 074°02′00″ W; 40°26′29″ N, 5. The authority citation for Part 165 Captain of the Port New York on their 074°02′51″ W; 40°27′29″ N, 074°02′10″ continues to read as follows: vessel. A lottery was held to determine W; 40°27′40″ N, 074°02′36″ W; vessel anchorage locations and 40°28′07″ N, 074°02′19″ W (NAD 1983); Authority: 33 U.S.C. 1231; 50 U.S.C. 191; applications are no longer being thence along the shoreline to the point 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 accepted. of beginning. CFR 1.46. (20) All vessels anchored in the (i) This anchorage sets aside 6. Add temporary § 165.T01–050 to anchorages described in paragraphs Anchorage No. 49–F and a portion of read as follows: (d)(17) through (19) of this section must Anchorage No. 26, as described in § 165.T01±050 Security Zones: comply with the requirements in paragraph (f)(1) of this section, for the International Naval Review (INR) 2000, paragraphs (d)(16)(iii) through (vii) of exclusive use of OPSAIL 2000/INR 2000 Hudson River and Upper New York Bay. this section. Any vessel anchored in or Vessels. (a) The following areas are established intending to anchor in Federal (ii) No vessels other than OPSAIL as security zones: Anchorage 21–A through 21–C, 23–A, 2000/INR 2000 naval and Tall Ships, (1) Security Zone A. (i) Location. This 23–B, 24 or 25 must comply with the their designated assist tugs, and security zone includes all waters within requirements in paragraphs (d)(16)(i) enforcement vessels may anchor, loiter, 500 yards of the U.S. Navy review ship through (x) of this section. or approach within 100 yards of any and the zone will move with the review (e) * * * OPSAIL 2000/INR 2000 Vessel when it ship as it transits the Hudson River and (1) * * * is navigating or at anchor in this area. Upper New York Bay during the (iii) No vessel other than OPSAIL (iii) Effective period. Paragraph (o)(2) International Naval Review between the 2000/INR 2000 Vessels and their of this section is applicable from 6 a.m., George Washington Bridge (river mile designated assist tugs may anchor and/ e.s.t. on July 2, 2000, through 4 p.m., 11.0) and the Verrazano-Narrows or approach within 100 yards of any e.s.t. on July 4, 2000. Bridge. OPSAIL 2000/INR 2000 Vessel (p) Temporary amendment applicable (ii) Enforcement period. Paragraph navigating or anchored in this area. dates and times. (1) From 12 noon on (a)(1)(i) of this section is enforced from * * * * * June 29, 2000 through 12 noon on July 7 a.m., e.s.t. until 11 a.m., e.s.t. on July (m) * * * 5, 2000: 4, 2000.
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(2) Security Zone B. (i) Location. All FOR FURTHER INFORMATION CONTACT: Main Channel, and the Watson Island waters within 500 yards of the U.S.S. Lieutenant Joseph Boudrow, Port bridge structure. On June 10, 2000, the John F. Kennedy (CV–67), in Federal Management and Response Department, sail vessels will make their departure Anchorage 21B. Coast Guard Marine Safety Office from the Port of Miami in a parade (ii) Enforcement period. Paragraph Miami, (305) 535–8705. commencing approximately 12 noon (a)(2)(i) of this section is enforced from SUPPLEMENTARY INFORMATION: EDT and ending approximately 4 p.m. 10 a.m., e.s.t. until 5 p.m., e.s.t. on July EDT. Participant sail vessels will 4, 2000. Regulatory Information proceed under auxiliary power from (b) Effective period. This section is On December 17, 1999, the Coast their moorings to the turning basin at applicable from 7 a.m., e.s.t. on July 4, Guard published an advanced notice of the west end of the Main Channel. From 2000, until 5 p.m., e.s.t. on July 4, 2000. proposed rulemaking (ANPRM), and on the turning basin, they will proceed (c) All persons and vessels shall March 17, 2000, the Coast Guard under auxiliary power in 300 to 500 comply with the instructions of the published a notice of proposed yard intervals in a ocean-bound Coast Guard Captain of the Port or the rulemaking (NPRM) entitled OPSAIL direction along the Main Channel, designated on-scene-patrol personnel. 2000 in the Federal Register (64 FR thence along Government Cut, thence These personnel comprise 70650 and 65 FR 14502). No comments along Bar Cut, thence along Outer Bar commissioned, warrant, and petty were received during either comment Cut, to the vicinity of Miami Lighted officers of the Coast Guard. Upon being period. No public hearing was requested Bouy M (Light List Number (LLNR) hailed by a U.S. Coast Guard vessel by and none was held. 10455–895), located at 25 degrees, 46.0 siren, radio, flashing light, or other Under 5 U.S.C. 553(d)(3), the Coast minutes North latitude, 080 degrees, means, the operator of a vessel shall Guard finds that good cause exists for 05.0 minutes West longitude. The area proceed as directed. making this rule effective less than 30 of Miami Lighted Buoy M is the days after publication in the Federal termination point for pilotage. As pilots Dated: May 4, 2000. Register. Updated information regarding disembark their vessels, the sail vessels Robert F. Duncan, the fireworks display was recently will parade northward off the coastline, Captain, U.S. Coast Guard, Acting received from the sponsor. Further, the under sail, to the parade termination Commander, First Coast Guard District. proposed rule was well publicized in point in the general vicinity of the [FR Doc. 00–12641 Filed 5–24–00; 8:45 am] the ANPRM and the NPRM, and the entrance to Port Everglades, Florida. BILLING CODE 4910±15±U event will be further publicized Waterborne spectator areas have been throughout the local community by the designated by the event sponsor to be on event sponsor. either side of Bar Cut and Outer Bar Cut DEPARTMENT OF TRANSPORTATION in the open ocean. These areas will be Background and Purpose delineated by lines of marker floats Coast Guard The temporary regulations are for placed by the sponsor. The marker floats OpSail Miami 2000 events scheduled to will be round balls, orange in color, and 33 CFR Part 165 be held in portions of the Port of Miami spaced approximately 200 yards apart. [COTP MIAMI 00±015] over the period of June 6–10, 2000. This They will be placed 100 yards out from rule will provide for the safety of life the aids to navigation that mark each RIN 2115±AA97 and property on navigable waters during side of the channel. Spectator craft will OpSail Miami 2000 events on June 9, be expected to remain behind the Safety Zone: OpSail Miami 2000, Port 2000 and June 10, 2000. marker float lines for the duration of the of Miami. Discussion of Rule parade. Because of the number of the sail AGENCY: Coast Guard, DOT. OpSail Miami 2000, Inc., is vessels, fireworks displays, and the ACTION: Temporary final rule. sponsoring OpSail Miami 2000 large number of spectator watercraft activities which consist of the arrival, SUMMARY: The Coast Guard is expected during the parade, the Coast display, and departure parade of establishing temporary regulations in Guard is establishing regulations for the numerous large U. S. and foreign flagged the Port of Miami for OpSail Miami creation of temporary safety zones and sail vessels. A fireworks display is 2000 activities. This action is necessary vessel movement controls in portions of planned for the evening prior to the to provide for the safety of life and the Port of Miami and its channels final day of the sail vessel visit. property on navigable waters during affected by these events. The regulations Currently, approximately 20 Class A OpSail Miami 2000. This action will will be in effect on June 9 and 10, 2000. (175 feet or larger in length) and 20 restrict vessel traffic in portions of the The vessel congestion due to the large smaller Class B (100 feet up to 175 feet) Port of Miami. number of participant and spectator and C (up to 100 feet) sail vessels are vessels poses a significant threat to the DATES: This rule is effective from 9 p.m. expected to participate in OpSail Miami safety of life and property. The Coast Eastern Daylight Time (EDT) on June 9, 2000. Guard has determined this rulemaking 2000 and terminates at 4 p.m. EDT on Participant sail vessels will begin is necessary to ensure the safety of life June 10, 2000. arriving in the Port of Miami on June 6, and property on the navigable waters of ADDRESSES: Coast Guard Marine Safety 2000 and will moor alongside Dodge the United States within portions of the Office Miami maintains the public Island within the Port of Miami. These Port of Miami affected by this event. docket for this rulemaking. Documents vessels will be open to the public during indicated in this preamble as being certain hours between June 7 and June Regulated Areas available in the docket, are available for 9, 2000. On June 9, 2000, fireworks The Coast Guard is establishing inspection or copying at room 201, displays will be conducted commencing temporary safety zones for fireworks Coast Guard Marine Safety Office approximately 9:00 p.m. EDT from the displays on June 9, 2000 and the Parade Miami, between 8 a.m. and 3 p.m., EDT orchestra vessel POINT of Sail on June 10, 2000. The safety zone Monday through Friday, except Federal COUNTERPOINT II, a barge anchored in for June 9, 2000 shall include all waters holidays. the turning basin at the west end of within 100 yards of the orchestra vessel
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