[Federal Register Volume 65, Number 135 (Thursday, July 13, 2000)]
[Rules and Regulations]
[Pages 43236-43244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17677]



[[Page 43236]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-004]
RIN 2115-AA97


Safety Zone: New York Harbor, Western Long Island Sound, East and 
Hudson Rivers Fireworks

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 19 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: This rule is effective August 14, 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 (CGD01-00-004) and are available for inspection or 
copying at room 205, Coast Guard Activities New York, 212 Coast Guard 
Drive, Staten Island, NY 10305, 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.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 11, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone: New York Harbor, Western Long Island 
Sound, East and Hudson Rivers Fireworks in the Federal Register (65 FR 
30376). We received no letters commenting on the proposed rule. No 
public hearing was requested, and none was held.

Background and Purpose

    The Coast Guard is establishing 19 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 
19 locations. The 19 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, 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 
30 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 gave 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 will 
still be able to transit around the safety zones. Additionally, vessels 
will not be precluded from mooring at or getting underway from 
commercial or recreational piers in the vicinity of the safety zones.
    This rule revises 33 CFR 165.168, which was published in the 
Federal Register on January 7, 2000 (65 FR 1065). It adds 19 permanent 
safety zones to the five existing ones in 33 CFR 165.168, and it lists 
all 24 by the body of water in which they are located.
    The 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. Barge 
and land site locations, and mortar sizes were adjusted to try and 
ensure the safety zone locations would not interfere with any known 
marinas or piers. The 19 safety zones are:

New York Harbor

    The 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 
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 
safety zone. The Captain of the Port does not anticipate any negative 
impact on vessel traffic due to this safety zone.
    The 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 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 will not 
be precluded from mooring at or getting underway from any piers in the 
vicinity of the safety zone. The Captain of the Port does not 
anticipate any negative impact on vessel traffic due to this safety 
zone.

Western Long Island Sound

    The 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 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 will not be precluded from mooring at or getting 
underway from any piers in the vicinity of the safety zone. The Captain 
of the Port does not anticipate any negative impact on vessel traffic 
due to this safety zone.
    The 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). The safety zone prevents vessels from transiting a portion of 
western Long Island Sound and is needed to protect boaters from

[[Page 43237]]

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 will not be 
precluded from mooring at or getting underway from any piers in the 
vicinity of the safety zone. The Captain of the Port does not 
anticipate any negative impact on vessel traffic due to this safety 
zone.
    The 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 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 will not be precluded from mooring at or getting underway from 
any piers in the vicinity of the safety zone. The Captain of the Port 
does not anticipate any negative impact on vessel traffic due to this 
safety zone.
    The 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 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 will not be 
precluded from mooring at or getting underway from any piers in the 
vicinity of the safety zone. The Captain of the Port does not 
anticipate any negative impact on vessel traffic due to this safety 
zone.
    The 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 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 will not be precluded from mooring at or getting 
underway from commercial or recreational piers in the vicinity of the 
safety zone. The Captain of the Port does not anticipate any negative 
impact on vessel traffic due to this safety zone.
    The 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 
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 will not be precluded from 
mooring at or getting underway from any piers in the vicinity of the 
safety zone. The Captain of the Port does not anticipate any negative 
impact on vessel traffic due to this safety zone.
    The 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 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 will not be precluded from mooring at or getting 
underway from any piers in the vicinity of the safety zone. The Captain 
of the Port does not anticipate any negative impact on vessel traffic 
due to this safety zone.
    The 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 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 will not be precluded from 
mooring at or getting underway from any piers in the vicinity of the 
safety zone. The Captain of the Port does not anticipate any negative 
impact on vessel traffic due to this safety zone.
    The 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 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 will not be precluded from mooring at or getting underway from 
any piers in the vicinity of the safety zone. The Captain of the Port 
does not anticipate any negative impact on vessel traffic due to this 
safety zone.

East River

    The 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 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 will 
not be precluded from mooring at or getting underway from any piers in 
the vicinity of the safety zone. The Captain of the Port does not 
anticipate any negative impact on vessel traffic due to this safety 
zone.
    The 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 Triborough Bridge. The 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

[[Page 43238]]

will still be able to transit through the eastern 150 yards of the 300-
yard wide East River during the event. Additionally, vessels will not 
be precluded from mooring at or getting underway from any piers in the 
vicinity of the safety zone. The Captain of the Port does not 
anticipate any negative impact on vessel traffic due to this safety 
zone.

Hudson River

    The 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 
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 will not be precluded from mooring at or getting 
underway from any piers in the vicinity of the safety zone. The Captain 
of the Port does not anticipate any negative impact on vessel traffic 
due to this safety zone.
    The 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 
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 will not be 
precluded from mooring at or getting underway from any piers in the 
vicinity of the safety zone. The Captain of the Port does not 
anticipate any negative impact on vessel traffic due to this safety 
zone.
    The 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 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 will 
not be precluded from mooring at or getting underway from any piers in 
the vicinity of the safety zone. The Captain of the Port does not 
anticipate any negative impact on vessel traffic due to this safety 
zone.
    The 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 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 will not be 
precluded from mooring at or getting underway from any piers in the 
vicinity of the safety zone. The Captain of the Port does not 
anticipate any negative impact on vessel traffic due to this safety 
zone.
    The 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 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 will not 
be precluded from mooring at or getting underway from any piers in the 
vicinity of the safety zone. The Captain of the Port does not 
anticipate any negative impact on vessel traffic due to this safety 
zone.
    The 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 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 will not be precluded from mooring at or getting 
underway from any piers in the vicinity of the safety zone. The Captain 
of the Port does not anticipate any negative impact on vessel traffic 
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 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 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 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.

Discussion of Comments and Changes

    We received no letters commenting on the proposed rule, but we did 
make one change to it. The proposed safety zone at Hunters Point on the 
East River

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(Sec. 165.168(c)(2)) is being removed. The Coast Guard is planning to 
establish a safety zone at Hunters Point in a future rulemaking. The 
East River safety zones in Sec. 165.168(c) are renumbered because of 
this. Figure 3 is also revised to show this change.

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).
    We expect the economic impact of this 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 will 
not be precluded from getting underway, or mooring at, any piers or 
marinas currently located in the vicinity of the safety zones. Advance 
notifications will 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 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 will 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 will not have a significant economic impact on a 
substantial number of small entities for the following reasons: Vessel 
traffic can transit around all 19 safety zones. Vessels will not be 
precluded from getting underway, or mooring at, any piers or marinas 
currently located in the vicinity of the safety zones. Before the 
effective period, we will 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

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.

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 rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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 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 paragraph 34(g) as it 
establishes 19 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 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. 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 of this section displays the safety 
zone areas in paragraphs (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

[[Page 43240]]

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 of this section displays 
the safety zone areas in paragraphs (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 of this section displays the safety zone 
areas in paragraphs (c)(1) and (c)(2).
    (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) 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 Triborough Bridge.
    (d) Hudson River. Figure 4 of this section displays the safety zone 
areas in paragraphs (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.
    (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.

[[Page 43241]]

(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-C
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    Dated: June 27, 2000.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 00-17677 Filed 7-12-00; 8:45 am]
BILLING CODE 4910-15-P