[Federal Register Volume 65, Number 96 (Wednesday, May 17, 2000)]
[Proposed Rules]
[Pages 31293-31297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12415]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-009]
RIN 2115-AA97


Safety Zone: OPSAIL 2000 Fireworks Displays and Search and Rescue 
Demonstrations, Port of New York/New Jersey

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish four temporary safety 
zones for fireworks displays located on New York Harbor, the East 
River, and Hudson River, and one temporary safety zone for Search and 
Rescue demonstrations on the Hudson River. This action is necessary to 
provide for the safety of life on navigable waters during the events. 
This action is intended to restrict vessel traffic in portions of New 
York Harbor, the East River, and the Hudson River.

DATES: Comments and related material must reach the Coast Guard on or 
before May 31, 2000.

ADDRESSES: You may mail comments and related material to Waterways 
Oversight Branch (CGD01-00-009), 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 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 M. Day, Waterways Oversight 
Branch, Coast Guard Activities New York (718) 354-4012.

[[Page 31294]]


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-
009), 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. 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.
    The Coast Guard is limiting the comment period for this NPRM to 14 
days because the Coast Guard did not know about the final event plans 
until May 1, 2000. Further, these proposed zones are in effect in New 
York Harbor only and they are for four or six hour events. Finally, 
there is not sufficient time to publish a Temporary final rule 30 days 
before the events and provide a longer comment period than 14 days.

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 four temporary safety zones 
for fireworks displays, and one temporary safety zone for Search and 
Rescue demonstrations being held in conjunction with OPSAIL 2000.

Macy's/OPSAIL 2000 Fireworks

    The Coast Guard proposes to establish four temporary safety zones 
for the Macy's/OPSAIL 2000 fireworks display in New York Harbor, the 
East River, and Hudson River, on July 4, 2000. The first proposed 
safety zone includes all waters of the East River east of a line drawn 
from the Fireboat Station Pier, Battery Park City, in approximate 
position 40 deg.42'15.5"N 074 deg.01'07"W (NAD 1983) to Governors 
Island Light (2) (LLNR 35010), in approximate position 40 deg.41'34.5"N 
074 deg.01'11"W (NAD 1983); north of a line drawn from Governors 
Island, in approximate position 40 deg.41'25.3"N 074 deg.00'42.5"W (NAD 
1983) to the southwest corner of Pier 9A, Brooklyn; south of a line 
drawn through the southern point of Roosevelt Island from East 47th 
Street, Manhattan to 46 Road, Brooklyn, and all waters of Newtown Creek 
west of the Pulaski Bascule Bridge.
    Vessels equal to or greater than 20 meters (65.6 feet) in length, 
carrying persons for the purpose of viewing the fireworks, may take 
position in an area inside the safety zone at least 200 yards off the 
bulkhead on the west bank and just off the pierhead faces on the east 
bank of the East River between the Williamsburg Bridge and a line drawn 
through the East River Main Channel Lighted Buoy 18 (LLNR 27335), to a 
point on the Brooklyn shore at North 9th Street. All vessels must be in 
this location by 6:30 p.m. (e.s.t.) on July 4, 2000.
    Once in position within the zone, all vessels must remain in 
position until released by the Captain of the Port, New York. On-scene-
patrol personnel will monitor the number of designated vessels taking 
position in the viewing area of the zone. If it becomes apparent that 
any additional spectator vessels in the viewing area will create a 
safety hazard, the patrol commander may prevent additional vessels from 
entering it. After the event has concluded and the fireworks barges 
have safely relocated outside of the main channel, vessels will be 
allowed to depart the viewing area as directed by the patrol commander.
    We created the viewing area within this safety zone in order to 
reduce significant safety hazards in this area of the East River, due 
in great part, to the extremely strong currents. Based on experience 
from similar events in this area of the East River, we are concerned 
that smaller spectator craft located in between the two fireworks barge 
sites could drift into the fallout zone of either barge site. 
Additionally, experience from previous events has also shown that 
having large and small craft located in a confined area presents safety 
hazards for both sized vessels due to vessel wake, anchor swing radii, 
and restricted visibility of larger vessels in a confined area.
    One safety zone is required for this large section of the East 
River because the Coast Guard has a limited amount of assets available 
to patrol this event of national significance. If we made this zone 
into two zones, we could not adequately enforce the boundaries of both 
zones, and the safety of the port and the mariners would be 
unacceptably compromised because of the two nearby fireworks barge 
locations in a confined waterway with significant currents.
    The Staten Island Ferries may continue services to their ferry slip 
at Whitehall Street, The Battery, Manhattan, New York. Continuing ferry 
services in the southwestern portion of the safety zone will not create 
a hazard nor be threatened by the fireworks display because Vessel 
Traffic Services New York will monitor and control the transits of 
these ferries. Failure to allow these continued ferry services will 
have a negative impact on residents of Staten Island, New York, and 
those persons traveling to and from Manhattan at the end of the holiday 
weekend.
    The second proposed safety zone includes all waters of the Hudson 
River north of a line drawn from the southwest corner of Pier 94, 
Manhattan, to 40 deg.46'31.3"N, 074 deg.00'37.9"W (NAD 1983) onshore in 
Weehawken, NJ, and south of a line drawn from the northeast corner of 
Pier D, Weehawken, NJ, to the northwest corner of the northern pier of 
the West 30th Street Heliport in Manhattan.
    The third proposed safety zone includes all waters of Upper New 
York Bay, east of Liberty Island, bound by the following points: 
40 deg.41'33.2"N 074 deg.02'24.4"W; 40 deg.41'11.3"N 074 deg.02'44.4"W; 
40 deg.41'02.1"N 074 deg.02'25.1"W; 40 deg.41'09.1"N 074 deg.02'10.2"W; 
40 deg.41'25.6"N 074 deg.02'09.6"W (NAD 1983); thence to the point of 
beginning.
    The fourth proposed safety zone includes all waters of Anchorage 
Channel, Upper New York Bay, bound by the following points: 
40 deg.38'12.4"N 074 deg.03'05.6"W; 40 deg.38'01.5"N 074 deg.03'00.7"W; 
40 deg.37'21.0"N 074 deg.02'50.0"W; 40 deg.37'15.6"N 074 deg.03'16.6"W; 
40 deg.38'08.3"N 074 deg.03'37.4"W (NAD 1983); thence to the point of 
beginning.
    The proposed safety zones are effective from 6:30 p.m. (e.s.t.) 
until 11:30 p.m. (e.s.t.) on July 4, 2000. If the event is cancelled 
due to inclement weather, then this section is effective from 6:30 p.m. 
(e.s.t) until 11:30 p.m. (e.s.t.) on July 5, 2000. The proposed safety 
zones prevent vessels from transiting these portions of Upper New York 
Bay, the East River and the Hudson River, and is needed to protect 
boaters from the hazards associated with fireworks launched from 13 
separate barges in the area. No vessel may enter the safety zones 
without permission of the Captain of the Port, New York.
    These safety zones cover the minimum area needed and impose the 
minimum restrictions necessary to ensure the protection of all vessels 
and

[[Page 31295]]

the fireworks handlers aboard the barges.
    Public notifications will be made prior to the event via Local 
Notice to Mariners, marine information broadcasts, facsimile, OPSAIL 
Inc.'s website, and Macy's waterways telephone ``hotline'' at 212-494-
5247, which is scheduled to be activated approximately June 1, 2000.
[GRAPHIC] [TIFF OMITTED] TP17MY00.019

Search and Rescue Demonstrations

    The Coast Guard also proposes to establish a temporary safety zone 
for the OPSAIL Search and Rescue demonstrations held on and over the 
Hudson River between Piers 83 and 90. This proposed safety zone 
includes all waters of the Hudson River bound by the following points: 
from the southeast corner of Pier 90, Manhattan, where it intersects 
the seawall, west to approximate position 40 deg.46'10" N, 
074 deg.00'113"1 W (NAD 1983), south to approximate position 
40 deg.45'154"1 N, 074 deg.00'125"1 W (NAD 1983), then east to the 
northeast corner of Pier 83 where it intersects the seawall. This 
proposed safety zone is effective from 12 p.m. (e.s.t.) until 6 p.m. 
(e.s.t.), Thursday, July 6, through Saturday, July 8, 2000. It is 
needed to protect boaters and demonstration participants from the 
hazards associated with United States Military personnel demonstrating 
the capabilities of aircraft and watercraft in a confined area of the 
Hudson River. This safety zone prevents vessels from transiting only a 
portion of the Hudson River. Marine traffic will still be able to 
transit through the western 600 yards of the 950-yard wide Hudson River 
during the Search and Rescue demonstrations. Vessels moored at piers 
within the safety zone; however, will not be allowed to transit from 
their moorings without permission from the Captain of the Port, New 
York, during the effective periods of the safety zone. The Captain of 
the Port does not anticipate any negative impact on recreational or 
commercial vessel traffic due to this safety zone.
    Public notifications will be made prior to the Search and Rescue 
Demonstrations via Local Notice to Mariners, marine information 
broadcasts, facsimile, and OPSAIL Inc.'s website.

Discussion of Proposed Rule

    The proposed sizes of the fireworks safety zones were determined 
using National Fire Protection Association and New York City Fire 
Department standards for 10-12 inch mortars fired from a barge, 
combined with the Coast Guard's knowledge of tide and current 
conditions in these areas. These events are being held in conjunction 
with OPSAIL 2000. A NPRM was published for OPSAIL 2000 in the Federal 
Register on February 7, 2000 (65 FR 5833), a correction to this NPRM 
was published on February 14, 2000 (65 FR 7333). This proposed 
regulation would establish five safety zones. The regulations will be 
in effect at various times in the Port of New York/New Jersey during 
the period July 4--8, 2000. This proposed rulemaking is necessary to 
ensure the safety of life on the navigable waters of the United States 
and to give the marine community the opportunity to comment on these 
events.

[[Page 31296]]

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.
    Although this regulation prevents traffic from transiting a portion 
of New York Harbor, the Hudson River, and East River, the effect of 
this regulation will not be significant for the following reasons: the 
limited duration that the regulated areas will be in effect and the 
extensive advance notifications that will be made to the maritime 
community via the Local Notice to Mariners, facsimile, marine 
information broadcasts, the sponsor's website and phone hotline, New 
York Harbor Operations Committee meetings, public meetings for maritime 
groups, and New York area newspapers, so mariners can adjust their 
plans accordingly. At no time will commercial shipping access to Port 
Newark/Port Elizabeth facilities be prohibited. Access to those areas 
may be accomplished using Raritan Bay, Arthur Kill, Kill Van Kull, and 
Newark Bay as an alternate route. This will allow the majority of the 
maritime industrial activity in the Port of New York/New Jersey to 
continue, relatively unaffected. Similar regulated areas were 
established for the 1986 and 1992 OPSAIL events, the annual Macy's July 
4th fireworks display, and the annual Fleet Week Sea and Air 
demonstrations. Based upon the Coast Guard's experiences learned from 
these previous events of a similar magnitude, these proposed 
regulations 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 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.
    For the reasons discussed in the Regulatory Evaluation section 
above, 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 
portions of Lower and Upper New York Bay, the Hudson River, and East 
River during various times from July 4-8, 2000. These regulations would 
not have a significant economic impact on a substantial number of small 
entities for the following reasons. Although these regulations would 
apply to a substantial portion of the Port of New York/New Jersey, 
designated areas for viewing the Fourth of July Fireworks are being 
established to allow for maximum use of the waterways by commercial 
tour boats that usually operate in the affected areas. Maritime traffic 
would also be able to transit around the areas where the Search and 
Rescue demonstrations are being held. Before the effective period, the 
Coast Guard would make notifications to the public via mailings, 
facsimiles, the Local Notice to Mariners and use of the sponsors 
Internet site. The Coast Guard is also holding public meetings with 
maritime groups to explain the schedule of events and approved 
spectator craft viewing areas. In addition, the sponsoring 
organization, OPSAIL Inc., is planning to publish information of the 
event in local newspapers, pamphlets, and television and radio 
broadcasts.
    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 M. Day, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4012.

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.

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 five safety zones. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

[[Page 31297]]

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. Add temporary Sec. 165.T01-009 to read as follows:


Sec. 165.T01-009  Safety Zones: OPSAIL 2000 Fireworks Displays, and 
Search and Rescue Demonstrations, Port of New York/New Jersey.

    (a) Safety Zones Locations and Enforcement Periods.
    (1) East River Fireworks Safety Zone: All waters of the East River 
east of a line drawn from the Fireboat Station Pier, Battery Park City, 
in approximate position 40 deg.42'15.5"N 074 deg.01'07" W (NAD 1983) to 
Governors Island Light (2) (LLNR 35010), in approximate position 
40 deg.41'34.5"N 074 deg.01'11" W (NAD 1983); north of a line drawn 
from Governors Island, in approximate position 40 deg.41'25.3"N 
074 deg.00'42.5"W (NAD 1983) to the southwest corner of Pier 9A, 
Brooklyn; south of a line drawn through the southern point of Roosevelt 
Island from East 47th street, Manhattan to 46 Road, Brooklyn, and all 
waters of Newtown Creek west of the Pulaski Bascule Bridge.
    (2) Hudson River Fireworks Safety Zone. All waters of the Hudson 
River north of a line drawn from the southwest corner of Pier 94, 
Manhattan, to 40 deg.46'31.3"N, 074 deg.00'37.9"W (NAD 1983) onshore in 
Weehawken, NJ, and south of a line drawn from the northeast corner of 
Pier D, Weehawken, NJ, to the northwest corner of the northern pier of 
the West 30th Street Heliport in Manhattan.
    (3) Liberty Island Fireworks Safety Zone. All waters of Upper New 
York Bay, east of Liberty Island, bound by the following points: 
40 deg.41'33.2"N 074 deg.02'24.4"W; 40 deg.41'11.3"N 074 deg.02'44.4"W; 
40 deg.41'02.1"N 074 deg.02'25.1"W; 40 deg.41'09.1"N 074 deg.02'10.2"W; 
40 deg.41'25.6"N 074 deg.02'09.6"W (NAD 1983); thence to the point of 
beginning.
    (4) Anchorage Channel Fireworks Safety Zone. All waters of 
Anchorage Channel, Upper New York Bay, bound by the following points: 
40 deg.38'12.4"N 074 deg.03'05.6"W; 40 deg.38'01.5"N 074 deg.03'00.7"W; 
40 deg.37'21.0"N 074 deg.02'50.0"W; 40 deg.37'15.6"N 074 deg.03'16.6"W; 
40 deg.38'08.3"N 074 deg.03'37.4"W (NAD 1983); thence to the point of 
beginning.
    (5) Search and Rescue Demonstrations Safety Zone: All waters of 
Hudson River bound by the following points: from the southeast corner 
of Pier 90, Manhattan, where it intersects the seawall, west to 
approximate position 40 deg.46'10" N, 074 deg.00'13" W (NAD 1983), 
south to approximate position 40 deg.45'54" N, 074 deg.00'25" W (NAD 
1983), then east to the northeast corner of Pier 83 where it intersects 
the seawall.
    (6) Enforcement period. Paragraphs (a)(1) through (a)(4) are 
effective from 6:30 p.m. (e.s.t.) until 11:30 p.m. (e.s.t.) on Tuesday, 
July 4, 2000. If the event is cancelled due to inclement weather, then 
paragraphs (a)(1) through (a)(4) are effective from 6:30 p.m. (e.s.t.) 
to 11:30 p.m. (e.s.t.) on Wednesday, July 5, 2000.
    (7) Enforcement period. Paragraph (a)(5) is effective daily from 12 
p.m. (e.s.t.) until 6 p.m. (e.s.t.) from Thursday, July 6, through 
Saturday, July 8, 2000.
    (b) Effective period. This section is effective from 6:30 p.m. 
(e.s.t.) on July 4, 2000, until 6 p.m. (e.s.t.) on July 8, 2000.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) No vessels will be allowed to transit the safety zone without 
the permission of the Captain of the Port, New York.
    (3) 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.
    (4) Vessels may remain in the safety zone described in paragraph 
(a)(1) for the purpose of viewing the event in accordance with the 
following pre-established viewing area: Vessels equal to or greater 
than 20 meters (65.6 feet) in length, carrying persons for the purpose 
of viewing the fireworks, may take position in an area at least 200 
yards off the bulkhead on the west bank and just off the pierhead faces 
on the east bank of the East River between the Williamsburg Bridge and 
a line drawn through the East River Main Channel Lighted Buoy 18 (LLNR 
27335), to a point on the Brooklyn shore at North 9th Street. All 
vessels must be positioned in this viewing area within the safety zone 
by 6:30 p.m. (e.s.t.) on July 4, 2000.

    Dated: May 11, 2000.
R.E. Bennis,
Captain, U. S. Coast Guard,, Captain of the Port, New York.
[FR Doc. 00-12415 Filed 5-12-00; 5:05 pm]
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