[Federal Register Volume 64, Number 193 (Wednesday, October 6, 1999)]
[Proposed Rules]
[Pages 54252-54254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26036]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-130]
RIN 2115-AA97


Safety Zone: New York Harbor and Hudson River Fireworks.

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish five permanent safety 
zones for fireworks displays located on Upper and Lower New York Bay, 
the Hudson River, and Raritan Bay. 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 Upper and Lower New York Bay, the Hudson River, and Raritan 
Bay.

DATES: Comments must reach the Coast Guard on or before December 6, 
1999.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch 
(CGD01-99-130), Coast Guard Activities New York, 212 Coast Guard Drive, 
Staten Island, New York 10305, or deliver them to room 205 at the same 
address between 8 a.m. and 3 p.m., Monday through Friday, except 
federal holidays.
    The Waterways Oversight Branch of Coast Guard Activities New York 
maintains the public docket for this rulemaking. Comments, and 
documents as indicated in this preamble, 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

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD01-99-130) and the specific section of 
this document to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Waterways Oversight Branch at the 
address under ADDRESSES. The request should include the reasons why a 
hearing would be beneficial. If it determines that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a public hearing at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    The Coast Guard proposes to establish five 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 five locations. The five locations are east of Liberty and 
Ellis Islands in Upper New York Bay; east of South Beach, Staten Island 
in Lower New York Bay; west of Pier 60, Manhattan, on the Hudson River; 
and Raritan Bay in the vicinity of the Raritan River Cutoff and Ward 
Point Bend (West). The number of events held in these locations has 
increased from three in 1996 to 21 in 1998. The Coast Guard has 
received 11 applications for fireworks displays in these areas to date 
in 1999. 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.

Discussion of Proposed Rule

    The five proposed safety zones are as follows:
    The proposed safety zone at Liberty Island includes all waters of 
Upper New York Bay within a 360-yard radius of the fireworks barge 
located in Federal Anchorage 20-C, in approximate position 
40 deg.41'16.5'' N 074 deg.02'23'' W (NAD 1983), about 360 yards east 
of Liberty Island. The proposed safety zone prevents vessels from 
transiting a portion of Federal Anchorage 20-C and is needed to protect 
boaters from the hazards associated with fireworks launched from a 
barge in the area. Recreational and commercial vessel traffic will be 
able to anchor in the unaffected northern and southern portions of 
Federal Anchorage 20-C. Federal Anchorages 20-A and 20-B, to the north, 
and Federal Anchorages 20-D and 20-E, to the south, are also available 
for vessel use. Marine traffic will still be able to transit through 
Anchorage Channel, Upper Bay, during the event as the safety zone only 
extends 125 yards into the 925-yard wide channel. 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 Ellis Island includes 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.41'15'' N 074 deg.02'09'' W (NAD 1983), about 365 yards 
east of Ellis Island. The proposed safety zone prevents vessels from 
transiting a portion of Federal Anchorages 20-A and 20-B and is needed 
to protect boaters from the hazards associated with fireworks launched 
from a barge in the area. Recreational and commercial vessel traffic 
will be able to anchor in the unaffected northern and southern portions 
of Federal Anchorages 20-A and 20-B. Federal Anchorages 20-C, 20-D, and 
20-E, to the south, are also available for vessel use. Marine traffic 
will still be able to transit through Anchorage Channel, Upper Bay, 
during the event as the safety zone only extends 150 yards into the 
900-yard wide channel. 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 South Beach, Staten Island 
includes all waters of Lower New York Bay within a 360-yard radius of 
the fireworks barge located in approximate position 40 deg.35'11'' N 
074 deg.03'42'' W (NAD 1983), about 350 yards east of South Beach,

[[Page 54253]]

Staten Island. 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 a 
barge in the area. Marine traffic will still be able to transit through 
Lower New York Bay during the event. 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 Pier 60, Manhattan includes 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. 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 150 yards of the 850-yard wide 
Hudson River during the event. The Captain of the Port does not 
anticipate any negative impact on vessel traffic due to this proposed 
safety zone. Additionally, vessels are not precluded from mooring at or 
getting underway from Piers 59-62 or from the Piers at Castle Point, 
New Jersey due to this proposed safety zone.
    The proposed safety zone in Raritan Bay includes all waters 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). The proposed safety zone prevents 
vessels from transiting a portion of Raritan Bay in the vicinity of the 
Raritan River Cutoff and Ward Point Bend (West). It is needed to 
protect boaters from the hazards associated with fireworks launched 
from a barge in the area. Marine traffic will still be able to transit 
through the eastern 140 yards of the 230-yard wide Ward Point Bend 
(West) during the event. Traffic that could not transit through the 
closed Raritan River Cutoff would transit through Ward Point Bend 
(West) by using South Amboy Reach, Great Beds Reach, Ward Point 
Secondary Channel, and Ward Point Bend (East). Additionally, vessels 
would not be precluded from mooring at or getting underway from any 
marinas or piers at Perth Amboy, New Jersey due to this proposal.
    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 will 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 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. 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. 
to 1 a.m. 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. It has not been reviewed by the Office of Management and 
Budget 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). The Coast Guard expects 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 safely 
anchor to the north and south of the zones by Liberty and Ellis 
Islands. Vessels may also still transit through Anchorage Channel, 
Lower New York Bay, the Hudson River, and Ward Point Bend (West) in 
Raritan Bay during these events. Vessels would not be precluded from 
getting underway, or mooring at, Piers 59-62 and the Piers at Castle 
Point, New Jersey during displays off Pier 60, nor from marinas and 
piers at Perth Amboy, New Jersey during displays in the Raritan River 
Cutoff. Advance notifications would also be made to the local maritime 
community by the Local Notice to Mariners, marine information 
broadcasts, and facsimile. Fireworks barges used in these locations 
will also have a sign on the port and starboard side of the barge 
labeled ``FIREWORKS BARGE''. This sign will consist of 10'' high by 
1.5'' wide red lettering on a white background. Additionally, the Coast 
Guard anticipates that these safety zones would only be activated 20-25 
times per year. These safety zones have been narrowly tailored to 
impose the least impact on maritime interests yet provide the level of 
safety deemed necessary

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposed rule, if adopted, will 
have a significant economic impact on a substantial number of small 
entities. ``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    For reasons stated in the Regulatory Evaluation section above, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule, if 
adopted, will not have a significant economic impact on a substantial 
number of small entities. If, however, you think that your business or 
organization qualifies as a small entity and that this proposed rule 
will have a significant economic impact on your business or 
organization, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and in what way and to what degree this proposed 
rule will economically affect it.

[[Page 54254]]

Collection of Information

    This proposed rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposed rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposed rule does not have sufficient 
implications for federalism to warrant the preparation of a Federalism 
Assessment.

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4, 109 Stat. 48) requires Federal agencies to assess the effects 
of certain regulatory actions on State, local, and tribal governments, 
and the private sector. UMRA requires a written statement of economic 
and regulatory alternatives for rules that contain Federal mandates. A 
``Federal mandate'' is a new or additional enforceable duty imposed on 
any State, local, or tribal government, or the private sector. If any 
Federal mandate causes those entities to spend, in the aggregate, $100 
million or more in any one year, the UMRA analysis is required. This 
proposed rule would not impose Federal mandates on any State, local, or 
tribal governments, or the private sector.

Environment

    The Coast Guard has considered the environmental impact of this 
proposed 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. A written Categorical 
Exclusion Determination is available in the docket for inspection or 
copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Proposed Regulation

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 165 as follows:

PART 165--[AMENDED]

    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 Sec. 165.168 to read as follows:


Sec. 165.168  Safety Zones: New York Harbor and Hudson River Fireworks.

    (a) 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.
    (b) 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.41'15'' N 
074 deg.02'09'' W (NAD 1983), about 365 yards east of Ellis Island.
    (c) 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.
    (d) 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.
    (e) 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).
    (f) 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.
    (g) Effective Period. This section is effective from 8 p.m. to 1 
a.m. each day a barge with a ``FIREWORKS BARGE'' sign on the port and 
starboard side is on-scene in a location in paragraphs (a) through (e) 
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.
    (h) 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.

    Dated: September 28, 1999.
R.E. Bennis,


Captain, U.S. Coast Guard, Captain of the Port, New York.

[FR Doc. 99-26036 Filed 10-5-99; 8:45 am]
BILLING CODE 4910-15-U