[Federal Register Volume 65, Number 92 (Thursday, May 11, 2000)]
[Proposed Rules]
[Pages 30376-30386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11873]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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.

[[Page 30382]]

    (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.

BILLING CODE 4910-15-U

[[Page 30383]]

[GRAPHIC] [TIFF OMITTED] TP11MY00.001


[[Page 30384]]


[GRAPHIC] [TIFF OMITTED] TP11MY00.002


[[Page 30385]]


[GRAPHIC] [TIFF OMITTED] TP11MY00.003


[[Page 30386]]


[GRAPHIC] [TIFF OMITTED] TP11MY00.004


    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