[Federal Register Volume 65, Number 5 (Friday, January 7, 2000)]
[Rules and Regulations]
[Pages 1065-1068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-350]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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: This rule is effective February 7, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-99-130) and are available for inspection or 
copying at Waterways Oversight Branch, Coast Guard Activities New York, 
212 Coast Guard Drive, Staten Island, New York 10305, room 205, between 
8 a.m. e.s.t. and 3 p.m. e.s.t., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4193.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On October 6, 1999, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone: New York Harbor and Hudson River Fireworks 
in the Federal Register (64 FR 54252). We received no letters 
commenting on the proposed rule. No public hearing was requested, and 
none was held.
    On October 25, 1999, we published a correction notice entitled 
Safety Zone: New York Harbor and Hudson River Fireworks in the Federal 
Register (64 FR 57419). This notice corrected the Latitude position of 
the barge location east of Ellis Island.

Background and Purpose

    The Coast Guard is establishing 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 16 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 gave the public the opportunity to 
comment on the safety 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.
    The five safety zones are as follows:
    The 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 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

[[Page 1066]]

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 safety zone.
    The 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.41'45'' N 074 deg.02'09'' W (NAD 1983), about 365 yards east of 
Ellis Island. The 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 safety zone.
    The 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, Staten Island. The 
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 safety zone.
    The 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 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 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 safety zone.
    The 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 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 can not transit through the closed 
Raritan River Cutoff can 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 will not be 
precluded from mooring at or getting underway from any marinas or piers 
at Perth Amboy, New Jersey due to this 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 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 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 established to provide for the safety of life on 
navigable waters during the events. It also gave the marine community 
the opportunity to comment on the zone locations, size, and length of 
time the zones will be active.

Discussion of Comments and Changes

    The Coast Guard received no letters commenting on the proposed 
rulemaking. This Final rule is the same as the proposed rule except 
that the Latitude position of the barge location east of Ellis Island 
has been corrected. On Oct 25, 1999, we notified the public of this 
Latitude position change when we published a correction notice entitled 
Safety Zone: New York Harbor and Hudson River Fireworks in the Federal 
Register (64 FR 57419).

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that Order. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11040, February 26, 
1979).
    The Coast Guard expects the economic impact of this final 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 will 
not be precluded from getting underway, or mooring at, Piers 59-62 and 
the Piers at Castle Point, New Jersey during displays off

[[Page 1067]]

Pier 60, nor from marinas and piers at Perth Amboy, New Jersey during 
displays in the Raritan River Cutoff. Advance notifications will 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 will 
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. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule would affect the following entities, some of which might 
be small entities: the owners or operators of vessels intending to 
anchor in or transit through the affected portions of New York Harbor, 
and the Hudson River during the times these zones are activated.
    These safety zones will not have a significant economic impact on a 
substantial number of small entities for the following reasons: 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 will 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. Before the effective period, we will issue maritime advisories 
widely available to users of the Port of New York/New Jersey by the 
local notice to mariners, marine information broadcasts, and facsimile.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order. No comments were received nor changes made to the 
NPRM.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate. No comments were received nor changes made to the NPRM.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights. No 
comments were received nor changes made to the NPRM.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden. No comments were received nor changes 
made to the NPRM.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. This rule fits category 34(g) since 
implementation of this action will not result in any significant 
cumulative impacts on the human environment, substantial controversy or 
substantial change to existing environmental conditions, impacts which 
are more than minimal on properties protected under 4(f) of the DOT Act 
as superseded by Public Law 97-449, and section 106 of the National 
Historic Preservation Act; and inconsistencies with any Federal, State, 
or local laws or administrative determinations relating to the 
environment. A ``Categorical Exclusion Determination'' is available in 
the docket for inspection or copying where indicated under ADDRESSES. 
No comments were received nor changes made to the NPRM.

List of Subjects

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    2. Add 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.41'45'' 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

[[Page 1068]]

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. 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 in a location listed 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: December 14, 1999.
R.E. Bennis,
Captain, Coast Guard,
Captain of the Port, New York.
[FR Doc. 00-350 Filed 1-6-00; 8:45 am]
BILLING CODE 4910-15-U