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Safety Zone: New York Harbor, Western Long Island Sound, East and Hudson Rivers Fireworks.
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 11, 2000 (Volume 65, Number 92)]
[Proposed Rules]
[Page 30376-30386]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my00-17]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-00-004]
RIN 2115-AA97
Safety Zone: New York Harbor, Western Long Island Sound, East and
Hudson Rivers Fireworks.
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish 20 permanent safety
zones for fireworks displays located on New York Harbor, western Long
Island Sound, the East River, and the Hudson River. This action is
necessary to provide for the safety of life on navigable waters during
the events. This action establishes permanent exclusion areas that are
only active prior to the start of the fireworks display until shortly
after the fireworks display is completed, and is intended to restrict
vessel traffic in a portion of New York Harbor, western Long Island
Sound, the East and Hudson Rivers.
DATES: Comments and related material must reach the Coast Guard on or
before June 12, 2000.
ADDRESSES: You may mail comments and related material to Waterways
Oversight Branch (CGD01-00-004), Coast Guard Activities New York, 212
Coast Guard Drive, room 205, Staten Island, New York 10305. The
Waterways Oversight Branch of Coast Guard Activities New York maintains
the public docket for this rulemaking. Comments and material received
from
[[Page 30377]]
the public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at room 205, Coast Guard Activities
New York, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways
Oversight Branch, Coast Guard Activities New York (718) 354-4193.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-00-
004), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. The comment period for this
proposed regulation is 30 days. This time period is adequate to allow
local input because the locations have been used for fireworks displays
in previous years. The shortened comment period will still allow the
full 30-day publication requirement prior to the final rule becoming
effective. If you would like to know they reached us, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period. We may change
this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Waterways Oversight Branch at
the address under ADDRESSES explaining why one would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
Background and Purpose
The Coast Guard proposes to establish 20 permanent safety zones
that will be activated for fireworks displays occurring throughout the
year that are not held on an annual basis but are normally held in one
of these 20 locations. The 20 locations are Coney Island in New York
Harbor; Elizabeth, New Jersey on the Arthur Kill; Peningo Neck, Satans
Toe, Larchmont, Manursing Island, Glen Island, Twin Island, Davenport
Neck, and two locations in Hempstead Harbor in western Long Island
Sound; Pier 14, Manhattan, Hunters Point, and Wards Island in the East
River; The Battery, Battery Park City, and Pier 90, Manhattan; Yonkers,
Hastings-on-Hudson, and Pier D, Jersey City in the Hudson River. The
Coast Guard received 33 applications for fireworks displays in these
areas from 1998 to 1999. In 1997, the Coast Guard received 10
applications for fireworks displays in these locations. In the past,
temporary safety zones were established with limited notice for
preparation by the U.S. Coast Guard and limited opportunity for public
comment. Establishing permanent safety zones by notice and comment
rulemaking at least gives the public the opportunity to comment on the
proposed zone locations, size, and length of time the zones will be
active. The Coast Guard has received no prior notice of any impact
caused by the previous events. Marine traffic would still be able to
transit around the proposed safety zones. Additionally, vessels would
not be precluded from mooring at or getting underway from commercial or
recreational piers in the vicinity of the proposed safety zones.
This proposed rule revises 33 CFR 165.168, which was published in
the Federal Register on January 7, 2000 (65 FR 1065). It adds twenty
permanent safety zones to the five existing ones in 33 CFR 165.168, and
it lists all twenty five by the body of water in which they are
located.
Discussion of Proposed Rule
The proposed sizes of these safety zones were determined using
National Fire Protection Association and New York City Fire Department
standards for 6-12 inch mortars fired from a barge or shore, combined
with the Coast Guard's knowledge of tide and current conditions in
these areas. Proposed barge and land site locations, and mortar sizes
were adjusted to try and ensure the proposed safety zone locations
would not interfere with any known marinas or piers. The 20 proposed
safety zones are:
New York Harbor
The proposed safety zone in Lower New York Bay includes all waters
of Lower New York Bay within a 250-yard radius of the fireworks land
shoot located on the south end of Steeplechase Pier, Coney Island, in
approximate position 40 deg.34'11" N 073 deg.59'00" W (NAD 1983). The
proposed safety zone prevents vessels from transiting a portion of
Lower New York Bay, and is needed to protect boaters from the hazards
associated with fireworks launched from shore in the area. Marine
traffic will still be able to transit through Lower New York Bay during
the event. Additionally, Steeplechase Pier does not accept marine
traffic and there are no commercial or recreational piers in the
vicinity of the proposed safety zone. The Captain of the Port does not
anticipate any negative impact on vessel traffic due to this proposed
safety zone.
The proposed safety zone on the Arthur Kill includes all waters of
the Arthur Kill within a 150-yard radius of the fireworks land shoot
located in Elizabeth, New Jersey, in approximate position 40 deg.38'50"
N 074 deg.10'58" W (NAD 1983), about 675 yards west of Arthur Kill
Channel Buoy 20 (LLNR 36780). The proposed safety zone prevents vessels
from transiting a portion of the Arthur Kill, and is needed to protect
boaters from the hazards associated with fireworks launched from shore
in the area. Marine traffic will still be able to transit through the
southern 90 yards of the Arthur Kill opposite the display site in
Elizabeth, New Jersey during the event. Additionally, vessels would not
be precluded from mooring at or getting underway from any piers in the
vicinity of the proposed safety zone. The Captain of the Port does not
anticipate any negative impact on vessel traffic due to this proposed
safety zone.
Western Long Island Sound
The proposed safety zone at Peningo Neck includes all waters of
western Long Island Sound within a 300-yard radius of the fireworks
barge in approximate position 40 deg.56'21" N 073 deg.41'23" W (NAD
1983), about 525 yards east of Milton Point, Peningo Neck. The proposed
safety zone prevents vessels from transiting a portion of western Long
Island Sound and is needed to protect boaters from the hazards
associated with fireworks launched from a barge in the area. Marine
traffic will still be able to transit through western Long Island Sound
during the event. Additionally, vessels would not be precluded from
mooring at or getting underway from any piers in the vicinity of the
proposed safety zone. The Captain of the Port does not anticipate any
negative impact on vessel traffic due to this proposed safety zone.
The proposed safety zone east of Satans Toe includes all waters of
western Long Island Sound within a 360-yard radius of the fireworks
barge in approximate position 40 deg.55'21" N 073 deg.43'41" W (NAD
1983), about 635 yards northeast of Larchmont Harbor (East Entrance)
Light 2 (LLNR 25720).
[[Page 30378]]
The proposed safety zone prevents vessels from transiting a portion of
western Long Island Sound and is needed to protect boaters from the
hazards associated with fireworks launched from a barge in the area.
Marine traffic will still be able to transit through western Long
Island Sound during the event. Additionally, vessels would not be
precluded from mooring at or getting underway from any piers in the
vicinity of the proposed safety zone. The Captain of the Port does not
anticipate any negative impact on vessel traffic due to this proposed
safety zone.
The proposed safety zone off Larchmont, west of the entrance to
Horseshoe Harbor includes all waters of western Long Island Sound
within a 240-yard radius of the fireworks barge in approximate position
40 deg.54'45" N 073 deg.44'55" W (NAD 1983), about 450 yards southwest
of the entrance to Horseshoe Harbor. The proposed safety zone prevents
vessels from transiting a portion of western Long Island Sound and is
needed to protect boaters from the hazards associated with fireworks
launched from a barge in the area. Marine traffic will still be able to
transit through western Long Island Sound during the event.
Additionally, vessels would not be precluded from mooring at or getting
underway from any piers in the vicinity of the proposed safety zone.
The Captain of the Port does not anticipate any negative impact on
vessel traffic due to this proposed safety zone.
The proposed safety zone south of Manursing Island includes all
waters of western Long Island Sound within a 360-yard radius of the
fireworks barge in approximate position 40 deg.57'47" N 073 deg.40'06"
W (NAD 1983), about 380 yards north of Rye Beach Transport Rock Buoy 2
(LLNR 25570). The proposed safety zone prevents vessels from transiting
a portion of western Long Island Sound and is needed to protect boaters
from the hazards associated with fireworks launched from a barge in the
area. Marine traffic will still be able to transit through western Long
Island Sound during the event. Additionally, vessels would not be
precluded from mooring at or getting underway from any piers in the
vicinity of the proposed safety zone. The Captain of the Port does not
anticipate any negative impact on vessel traffic due to this proposed
safety zone.
The proposed safety zone east of Glen Island includes all waters of
western Long Island Sound within a 240-yard radius of the fireworks
barge in approximate position 40 deg.53'12" N 073 deg.46'33" W (NAD
1983), about 350 yards east of the northeast corner of Glen Island. The
proposed safety zone prevents vessels from transiting a portion of
western Long Island Sound and is needed to protect boaters from the
hazards associated with fireworks launched from a barge in the area.
Marine traffic will still be able to transit through western Long
Island Sound during the event. Additionally, vessels would not be
precluded from mooring at or getting underway from commercial or
recreational piers in the vicinity of the proposed safety zone. The
Captain of the Port does not anticipate any negative impact on vessel
traffic due to this proposed safety zone.
The proposed safety zone around the southeast corner of Twin Island
includes all waters of western Long Island Sound within a 200-yard
radius of the fireworks land shoot in approximate position
40 deg.52'10" N 073 deg.47'07" W (NAD 1983), at the east end of Orchard
Beach. The proposed safety zone prevents vessels from transiting a
portion of western Long Island Sound and is needed to protect boaters
from the hazards associated with fireworks launched from shore in the
area. Marine traffic will still be able to transit through western Long
Island Sound during the event. Additionally, vessels would not be
precluded from mooring at or getting underway from any piers in the
vicinity of the proposed safety zone. The Captain of the Port does not
anticipate any negative impact on vessel traffic due to this proposed
safety zone.
The proposed safety zone off Davenport Neck includes all waters of
western Long Island Sound within a 360-yard radius of the fireworks
barge in Federal Anchorage No. 1-A, in approximate position
40 deg.53'46" N 073 deg.46'04" W (NAD 1983), about 360 yards northwest
of Emerald Rock Buoy (LLNR 25810). The proposed safety zone prevents
vessels from transiting a portion of Federal Anchorage No. 1-A and is
needed to protect boaters from the hazards associated with fireworks
launched from a barge in the area. Marine traffic will be able to
anchor in the unaffected northern and southern portions of Federal
Anchorage No. 1-A. Federal Anchorage No. 1-B, to the north, and Federal
Anchorage No. 1, to the south, are also available for vessel use.
Marine traffic will still be able to transit through western Long
Island Sound during the event. Additionally, vessels would not be
precluded from mooring at or getting underway from any piers in the
vicinity of the proposed safety zone. The Captain of the Port does not
anticipate any negative impact on vessel traffic due to this proposed
safety zone.
The proposed safety zone in northern Hempstead Harbor, Long Island
Sound, includes all waters of Hempstead Harbor within a 360-yard radius
of the fireworks barge in approximate position 40 deg.51'58" N
073 deg.39'34" W (NAD 1983), about 500 yards northeast of Glen Cove
Breakwater Light 5 (LLNR 27065). The proposed safety zone prevents
vessels from transiting a portion of Hempstead Harbor and is needed to
protect boaters from the hazards associated with fireworks launched
from a barge in the area. Marine traffic will still be able to transit
through Hempstead Harbor during the event. Additionally, vessels would
not be precluded from mooring at or getting underway from any piers in
the vicinity of the proposed safety zone. The Captain of the Port does
not anticipate any negative impact on vessel traffic due to this
proposed safety zone.
The proposed safety zone in southern Hempstead Harbor, Long Island
Sound, includes all waters of Hempstead Harbor within a 180-yard radius
of the fireworks barge in approximate position 40 deg.49'50" N
073 deg.39'12" W (NAD 1983), about 190 yards north of Bar Beach. The
proposed safety zone prevents vessels from transiting a portion of
Hempstead Harbor and is needed to protect boaters from the hazards
associated with fireworks launched from a barge in the area. Marine
traffic will still be able to transit through Hempstead Harbor during
the event. Additionally, vessels would not be precluded from mooring at
or getting underway from any piers in the vicinity of the proposed
safety zone. The Captain of the Port does not anticipate any negative
impact on vessel traffic due to this proposed safety zone.
East River
The proposed safety zone southeast of Pier 14, Manhattan, includes
all waters of the East River within a 180-yard radius of the fireworks
barge in approximate position 40 deg.42'07.5" N 074 deg.00'06" W (NAD
1983), about 250 yards southeast of Pier 14, Manhattan. The proposed
safety zone prevents vessels from transiting a portion of the East
River and is needed to protect boaters from the hazards associated with
fireworks launched from a barge in the area. Marine traffic will be
able to transit through the eastern 100 yards and the western 70 yards
of the 530-yard wide East River during the event. Additionally, vessels
would not be precluded from mooring at or getting underway from any
piers in the vicinity of the proposed safety zone. The Captain of the
Port does not anticipate any negative impact on vessel traffic due to
this proposed safety zone.
[[Page 30379]]
The proposed safety zone west of Hunters Point includes all waters
of the East River within a 300-yard radius of the fireworks barge in
approximate position 40 deg.44'24" N 073 deg.58'00" W (NAD 1983), about
780 yards south of Belmont Island. The proposed safety zone prevents
vessels from transiting a portion of the East River and is needed to
protect boaters from the hazards associated with fireworks launched
from a barge in the area. Marine traffic will still be able to transit
through the western 225 yards and the eastern 85 yards of the 900-yard
wide East River during the event. Additionally, vessels would not be
precluded from mooring at or getting underway from any piers in the
vicinity of the proposed safety zone. The Captain of the Port does not
anticipate any negative impact on vessel traffic due to this proposed
safety zone.
The proposed safety zone at Wards Island includes all waters of the
East River within a 150-yard radius of the fireworks land shoot in
approximate position 40 deg.46'55.5" N 073 deg.55'33" W (NAD 1983),
about 200 yards northeast of the Triboro Bridge. The proposed safety
zone prevents vessels from transiting a portion of the East River and
is needed to protect boaters from the hazards associated with fireworks
launched from shore in the area. Marine traffic will still be able to
transit through the eastern 150 yards of the 300-yard wide East River
during the event. Additionally, vessels would not be precluded from
mooring at or getting underway from any piers in the vicinity of the
proposed safety zone. The Captain of the Port does not anticipate any
negative impact on vessel traffic due to this proposed safety zone.
Hudson River
The proposed safety zone south of The Battery, Manhattan, includes
all waters of the Hudson River and Anchorage Channel within a 360-yard
radius of the fireworks barge in approximate position 40 deg.42'00" N
074 deg.01'17" W (NAD 1983), about 500 yards south of The Battery. The
proposed safety zone prevents vessels from transiting a portion of the
Hudson River and Anchorage Channel and is needed to protect boaters
from the hazards associated with fireworks launched from a barge in the
area. Marine traffic will still be able to transit through the western
675 yards of the 1500-yard wide Hudson River and through the eastern
350 yards of the 1200-yard wide Anchorage Channel during the event.
Additionally, vessels would not be precluded from mooring at or getting
underway from any piers in the vicinity of the proposed safety zone.
The Captain of the Port does not anticipate any negative impact on
vessel traffic due to this proposed safety zone.
The proposed safety zone southwest of North Cove Yacht Harbor,
Manhattan, includes all waters of the Hudson River within a 360-yard
radius of the fireworks barge in approximate position 40 deg.42'39" N
074 deg.01'21" W (NAD 1983), about 480 yards southwest of North Cove
Yacht Harbor. The proposed safety zone prevents vessels from transiting
a portion of the Hudson River and is needed to protect boaters from the
hazards associated with fireworks launched from a barge in the area.
Marine traffic will still be able to transit through the western 470
yards of the 1215-yard wide Hudson River during the event.
Additionally, vessels would not be precluded from mooring at or getting
underway from any piers in the vicinity of the proposed safety zone.
The Captain of the Port does not anticipate any negative impact on
vessel traffic due to this proposed safety zone.
The proposed safety zone west of Pier 90, Manhattan, includes all
waters of the Hudson River within a 300-yard radius of the fireworks
barge in approximate position 40 deg.46'12" N 074 deg.00'18" W (NAD
1983), about 425 yards west of the west end of Pier 90, Manhattan. The
proposed safety zone prevents vessels from transiting a portion of the
Hudson River and is needed to protect boaters from the hazards
associated with fireworks launched from a barge in the area. Marine
traffic will still be able to transit through the western 175 yards and
the eastern 140 yards of the 915-yard wide Hudson River during the
event. Additionally, vessels would not be precluded from mooring at or
getting underway from any piers in the vicinity of the proposed safety
zone. The Captain of the Port does not anticipate any negative impact
on vessel traffic due to this proposed safety zone.
The proposed safety zone west of Yonkers includes all waters of the
Hudson River within a 360-yard radius of the fireworks barge in
approximate position 40 deg.56'14.5" N 073 deg.54'33" W (NAD 1983),
about 475 yards northwest of Yonkers Municipal Pier. The proposed
safety zone prevents vessels from transiting a portion of the Hudson
River and is needed to protect boaters from the hazards associated with
fireworks launched from a barge in the area. Marine traffic will still
be able to transit through the western 715 yards and eastern 115 yards
of the 1550 yard-wide Hudson River during the event. Additionally,
vessels would not be precluded from mooring at or getting underway from
any piers in the vicinity of the proposed safety zone. The Captain of
the Port does not anticipate any negative impact on vessel traffic due
to this proposed safety zone.
The proposed safety zone west of Hastings-on-Hudson includes all
waters of the Hudson River within a 360-yard radius of the fireworks
barge in approximate position 40 deg.59'44.5" N 073 deg.53'28" W (NAD
1983), about 425 yards west of Hastings-on-Hudson, NY. The proposed
safety zone prevents vessels from transiting a portion of the Hudson
River and is needed to protect boaters from the hazards associated with
fireworks launched from a barge in the area. Marine traffic will still
be able to transit through the western 675 yards and eastern 60 yards
of the 1315 yard-wide Hudson River during the event. Additionally,
vessels would not be precluded from mooring at or getting underway from
any piers in the vicinity of the proposed safety zone. The Captain of
the Port does not anticipate any negative impact on vessel traffic due
to this proposed safety zone.
The proposed safety zone southeast of Pier D, Jersey City, includes
all waters of the Hudson River within a 360-yard radius of the
fireworks barge in approximate position 40 deg.42'57.5" N
074 deg.01'34" W (NAD 1983), about 375 yards southeast of Pier D,
Jersey City. The proposed safety zone prevents vessels from transiting
a portion of the Hudson River and is needed to protect boaters from the
hazards associated with fireworks launched from a barge in the area.
Marine traffic will still be able to transit through the eastern 440
yards of the 1120-yard wide Hudson River during the event.
Additionally, Pier D does not accept marine traffic and vessels would
not be precluded from mooring at or getting underway from any piers in
the vicinity of the proposed safety zone. The Captain of the Port does
not anticipate any negative impact on vessel traffic due to this
proposed safety zone.
The actual dates that these safety zones will be activated are not
known by the Coast Guard at this time. Coast Guard Activities New York
will give notice of the activation of each safety zone by all
appropriate means to provide the widest publicity among the affected
segments of the public. This will include publication in the Local
Notice to Mariners. Marine information broadcasts will also be made for
these events beginning 24 to 48 hours before the event is scheduled to
begin. Facsimile broadcasts may also be made to notify the public. The
Coast Guard expects that the notice of the activation of each permanent
safety zone in this rulemaking will normally be made
[[Page 30380]]
between thirty and fourteen days before the zone is actually activated.
Fireworks barges used in the locations stated in this rulemaking will
also have a sign on the port and starboard side of the barge labeled
``FIREWORKS BARGE''. This will provide on-scene notice that the safety
zone the fireworks barge is located in is or will be activated on that
day. This sign will consist of 10" high by 1.5" wide red lettering on a
white background. Displays launched from shore sites will have a sign
labeled ``FIREWORKS SITE'' with the same size requirements. There will
also be a Coast Guard patrol vessel on scene 30 minutes before the
display is scheduled to start until 15 minutes after its completion to
enforce each safety zone.
The effective period for each proposed safety zone is from 8 p.m.
e.s.t. to 1 a.m. e.s.t. However, vessels may enter, remain in, or
transit through these safety zones during this time frame if authorized
by the Captain of the Port New York, or designated Coast Guard patrol
personnel on scene, as provided for in 33 CFR 165.23. Generally,
blanket permission to enter, remain in, or transit through these safety
zones will be given except for the 45-minute period that a Coast Guard
patrol vessel is present.
This rule is being proposed to provide for the safety of life on
navigable waters during the events and to give the marine community the
opportunity to comment on the proposed zone locations, size, and length
of time the zones will be active.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040,
February 26, 1979).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
This finding is based on the minimal time that vessels will be
restricted from the zones, and all of the zones are in areas where the
Coast Guard expects insignificant adverse impact on all mariners from
the zones' activation. Vessels may also still transit through Lower New
York Bay, the Arthur Kill, western Long Island Sound, the East and
Hudson Rivers, and Anchorage Channel during these events. Vessels would
not be precluded from getting underway, or mooring at, any piers or
marinas currently located in the vicinity of the proposed safety zones.
Advance notifications would also be made to the local maritime
community by the Local Notice to Mariners and marine information
broadcasts. Facsimile broadcasts may also be made to notify the public.
Additionally, the Coast Guard anticipates that there will only be 20-25
total activations of these safety zones per year.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in a portion of the Port of New York/New
Jersey and western Long Island Sound during the times these zones are
activated.
These safety zones would not have a significant economic impact on
a substantial number of small entities for the following reasons:
Vessel traffic could transit around all 20 safety zones. Vessels would
not be precluded from getting underway, or mooring at, any piers or
marinas currently located in the vicinity of the proposed safety zones.
Before the effective period, we would issue maritime advisories widely
available to users of the Port of New York/New Jersey by local notice
to mariners and marine information broadcasts. Facsimile broadcasts may
also be made.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant J. Lopez, Waterways
Oversight Branch, Coast Guard Activities New York (718) 354-4193.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
We have analyzed this proposed rule under E.O. 13132 and have
determined that this rule does not have implications for federalism
under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed 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.
[[Page 30381]]
Environment
We considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraph 34(g), of Commandant
Instruction M16475.1C, this proposed rule is categorically excluded
from further environmental documentation. This proposed rule fits
paragraph 34(g) as it establishes 20 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 proposes
to amend 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. Revise Sec. 165.168 to read as follows:
Sec. 165.168 Safety Zones: New York Harbor, Western Long Island Sound,
East and Hudson Rivers Fireworks.
(a) New York Harbor. Figure 1 displays the safety zone areas in
(a)(1) through (a)(6).
(1) Liberty Island Safety Zone: All waters of Upper New York Bay
within a 360-yard radius of the fireworks barge in approximate position
40 deg.41'16.5"N 074 deg.02'23"W (NAD 1983), located in Federal
Anchorage 20-C, about 360 yards east of Liberty Island.
(2) Ellis Island Safety Zone: All waters of Upper New York Bay
within a 360-yard radius of the fireworks barge located between Federal
Anchorages 20-A and 20-B, in approximate position 40 deg.41'45"N
074 deg.02'09"W (NAD 1983), about 365 yards east of Ellis Island.
(3) South Beach, Staten Island Safety Zone: All waters of Lower New
York Bay within a 360-yard radius of the fireworks barge in approximate
position 40 deg.35'11"N 074 deg.03'42"W (NAD 1983), about 350 yards
east of South Beach, Staten Island.
(4) Raritan Bay Safety Zone: All waters of Raritan Bay in the
vicinity of the Raritan River Cutoff and Ward Point Bend (West) within
a 240-yard radius of the fireworks barge in approximate position
40 deg.30'04"N 074 deg.15'35"W (NAD 1983), about 240 yards east of
Raritan River Cutoff Channel Buoy 2 (LLNR 36595).
(5) Coney Island Safety Zone: All waters of Lower New York Bay
within a 250-yard radius of the fireworks land shoot located on the
south end of Steeplechase Pier, Coney Island, in approximate position
40 deg.34'11"N 073 deg.59'00"W (NAD 1983).
(6) Arthur Kill, Elizabeth, New Jersey Safety Zone: All waters of
the Arthur Kill within a 150-yard radius of the fireworks land shoot
located in Elizabeth, New Jersey, in approximate position
40 deg.38'50"N 074 deg.10'58"W (NAD 1983), about 675 yards west of
Arthur Kill Channel Buoy 20 (LLNR 36780).
(b) Western Long Island Sound. Figure 2 displays the safety zone
areas in (b)(1) through (b)(9).
(1) Peningo Neck, Western Long Island Sound Safety Zone: All waters
of western Long Island Sound within a 300-yard radius of the fireworks
barge in approximate position 40 deg.56'21"N 073 deg.41'23"W (NAD
1983), about 525 yards east of Milton Point, Peningo Neck, New York.
(2) Satans Toe, Western Long Island Sound Safety Zone: All waters
of western Long Island Sound within a 360-yard radius of the fireworks
barge in approximate position 40 deg.55'21"N 073 deg.43'41"W (NAD
1983), about 635 yards northeast of Larchmont Harbor (East Entrance)
Light 2 (LLNR 25720).
(3) Larchmont, Western Long Island Sound Safety Zone: All waters of
western Long Island Sound within a 240-yard radius of the fireworks
barge in approximate position 40 deg.54'45"N 073 deg.44'55"W (NAD
1983), about 450 yards southwest of the entrance to Horseshoe Harbor.
(4) Manursing Island, Western Long Island Sound Safety Zone: All
waters of western Long Island Sound within a 360-yard radius of the
fireworks barge in approximate position 40 deg.57'47"N 073 deg.40'06"W
(NAD 1983), about 380 yards north of Rye Beach Transport Rock Buoy 2
(LLNR 25570).
(5) Glen Island, Western Long Island Sound Safety Zone: All waters
of western Long Island Sound within a 240-yard radius of the fireworks
barge in approximate position 40 deg.53'12"N 073 deg.46'33"W (NAD
1983), about 350 yards east of the northeast corner of Glen Island, New
York.
(6) Twin Island, Western Long Island Sound Safety Zone: All waters
of western Long Island Sound within a 200-yard radius of the fireworks
land shoot in approximate position 40 deg.52'10"N 073 deg.47'07"W (NAD
1983), at the east end of Orchard Beach, New York.
(7) Davenport Neck, Western Long Island Sound Safety Zone: All
waters of western Long Island Sound within a 360-yard radius of the
fireworks barge in Federal Anchorage No. 1-A, in approximate position
40 deg.53'46"N 073 deg.46'04"W (NAD 1983), about 360 yards northwest of
Emerald Rock Buoy (LLNR 25810).
(8) Glen Cove, Hempstead Harbor Safety Zone: All waters of
Hempstead Harbor within a 360-yard radius of the fireworks barge in
approximate position 40 deg.51'58"N 073 deg.39'34"W (NAD 1983), about
500 yards northeast of Glen Cove Breakwater Light 5 (LLNR 27065).
(9) Bar Beach, Hempstead Harbor Safety Zone: All waters of
Hempstead Harbor within a 180-yard radius of the fireworks barge in
approximate position 40 deg.49'50"N 073 deg.39'12"W (NAD 1983), about
190 yards north of Bar Beach, Hempstead Harbor, New York.
(c) East River. Figure 3 displays the safety zone areas in (c)(1)
through (c)(3).
(1) Pier 14, East River Safety Zone: All waters of the East River
within a 180-yard radius of the fireworks barge in approximate position
40 deg.42'07.5"N 074 deg.00'06"W (NAD 1983), about 250 yards southeast
of Pier 14, Manhattan, New York.
(2) Hunters Point, East River Safety Zone: All waters of the East
River within a 300-yard radius of the fireworks barge in approximate
position 40 deg.44'24" N 073 deg.58'00"W (NAD 1983), about 780 yards
south of Belmont Island.
(3) Wards Island, East River Safety Zone: All waters of the East
River within a 150-yard radius of the fireworks land shoot in
approximate position 40 deg.46'55.5"N 073 deg.55'33"W (NAD 1983), about
200 yards northeast of the Triboro Bridge.
(d) Hudson River. Figure 4 displays the safety zone areas in (d)(1)
through (d)(7).
(1) Pier 60, Hudson River Safety Zone: All waters of the Hudson
River within a 360-yard radius of the fireworks barge in approximate
position 40 deg.44'49"N 074 deg.01'02"W (NAD 1983), about 500 yards
west of Pier 60, Manhattan, New York.
(2) The Battery, Hudson River Safety Zone: All waters of the Hudson
River and Anchorage Channel within a 360-yard radius of the fireworks
barge in approximate position 40 deg.42'00"N 074 deg.01'17"W (NAD
1983), about 500 yards south of The Battery, Manhattan, New York.
(3) Battery Park City, Hudson River Safety Zone: All waters of the
Hudson River within a 360-yard radius of the fireworks barge in
approximate position 40 deg.42'39"N 074 deg.01'21"W (NAD 1983), about
480 yards southwest of North Cove Yacht Harbor, Manhattan, New York.
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(4) Pier 90, Hudson River Safety Zone: All waters of the Hudson
River within a 300-yard radius of the fireworks barge in approximate
position 40 deg.46'12"N 074 deg.00'18"W (NAD 1983), about 425 yards
west of the west end of Pier 90, Manhattan, New York.
(5) Yonkers, New York, Hudson River Safety Zone: All waters of the
Hudson River within a 360-yard radius of the fireworks barge in
approximate position 40 deg.56'14.5"N 073 deg.54'33"W (NAD 1983), about
475 yards northwest of the Yonkers Municipal Pier, New York.
(6) Hastings-on-Hudson, New York, Hudson River Safety Zone: All
waters of the Hudson River within a 360-yard radius of the fireworks
barge in approximate position 40 deg.59'44.5"N 073 deg.53'28"W (NAD
1983), about 425 yards west of Hastings-on-Hudson, New York.
(7) Pier D, Hudson River Safety Zone: All waters of the Hudson
River within a 360-yard radius of the fireworks barge in approximate
position 40 deg.42'57.5"N 074 deg.01'34"W (NAD 1983), about 375 yards
southeast of Pier D, Jersey City, New Jersey.
(e) Notification. Coast Guard Activities New York will cause notice
of the activation of these safety zones to be made by all appropriate
means to effect the widest publicity among the affected segments of the
public, including publication in the local notice to mariners, marine
information broadcasts, and facsimile. Fireworks barges used in these
locations will also have a sign on their port and starboard side
labeled ``FIREWORKS BARGE''. This sign will consist of 10'' high by
1.5'' wide red lettering on a white background. Fireworks launched from
shore sites will display a sign labeled ``FIREWORKS SITE'' with the
same dimensions.
(f) Effective Period. This section is effective from 8 p.m. e.s.t.
to 1 a.m. e.s.t. each day a barge with a ``FIREWORKS BARGE'' sign on
the port and starboard side is on-scene or a ``FIREWORKS SITE'' sign is
posted in a location listed in paragraphs (a) through (d) of this
section. Vessels may enter, remain in, or transit through these safety
zones during this time frame if authorized by the Captain of the Port
New York or designated Coast Guard patrol personnel on scene.
(g) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
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Dated: May 4, 2000.
L.M. Brooks,
Captain, U.S. Coast Guard, Captain of the Port, New York Acting.
[FR Doc. 00-11873 Filed 5-10-00; 8:45 am]
BILLING CODE 4910-15-C