[Federal Register Volume 65, Number 240 (Wednesday, December 13, 2000)]
[Proposed Rules]
[Pages 77839-77847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31705]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-221]
RIN 2115-AA97


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

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish ten permanent safety 
zones for fireworks displays located in the Port of New York/New 
Jersey, to expand the size of one current safety zone, and to modify 
effective times and notice requirements of existing permanent safety 
zones. 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 the affected 
waterways, expand the effective times of the zones to allow for earlier 
displays during daylight savings time, and to require one sign that may 
be used for displays from a barge or onshore.

DATES: Comments and related material must reach the Coast Guard on or 
before February 12, 2001.

ADDRESSES: You may mail comments and related material to Waterways 
Oversight Branch (CGD01-00-221), Coast Guard Activities New York, 212 
Coast Guard Drive, room 204, 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 204, 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.

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-
221), 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.

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 ten 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 ten locations. The ten locations are south of

[[Page 77840]]

Ellis Island, Rockaway Beach, and Rockaway Inlet in New York Harbor, 
Larchmont Harbor in western Long Island Sound, Pier 16 and Newtown 
Creek on the East River, Pier 54 and Pier 84, Manhattan, Peekskill Bay, 
and Jersey City on the Hudson River. The Coast Guard also proposes to 
expand the diameter of the current safety zone west of Pier 90, on the 
Hudson River, to 360 yards from the current 300 yards. The Coast Guard 
received 17 applications for fireworks displays in these new areas from 
1999 to 2000. In 1997, the Coast Guard received four 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 
promulgated safety zones for fireworks displays at all 11 areas in the 
past and we have not received notice of any impact to waterway traffic 
resulting from the zones' enaction. Marine traffic would still be able 
to transit around the proposed safety zones because all of the zones 
prohibit vessels from entering only the zones themselves. 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 proposal would also move the zone effective time back two 
hours so that zones are enacted beginning at 6 p.m. versus 8 p.m. The 
safety zone termination time remains the same. Finally, the proposed 
rule would only require one sign reading ``FIREWORKS--STAY AWAY''. The 
current regulations require a sign that reads ``FIREWORKS BARGE'' for 
displays from barges, and a separate sign that reads ``FIREWORKS SITE'' 
for displays from shore. The sign dimensions and letter requirements 
remain the same.
    This proposed rule revises 33 CFR 165.168 by adding ten permanent 
safety zones to the 24 existing ones, expanding the diameter of the 
safety zone west of Pier 90, on the Hudson River, to 360 yards from the 
current 300 yards, expanding the effective time of the zones to allow 
for earlier displays during Daylight Savings Time, and simplifying the 
requirements for signs used as on-scene notification.

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 to 12 inch mortars fired from a barge, combined with 
the Coast Guard's knowledge of tide and current conditions in these 
areas. Proposed barge 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 proposed earlier effective time for the 
zones would allow for earlier fireworks displays during Daylight 
Savings Time. The proposed new sign requirements are to make it easier 
for the fireworks companies to make on-scene notifications. The 11 
proposed safety zones are:

New York Harbor

    The first proposed safety zone includes all waters of Upper New 
York Bay within a 240-yard radius of the fireworks barge in approximate 
position 40 deg.41'39.9"N 074 deg.02'33.7"W (NAD 1983), about 260 yards 
south of Ellis Island. The proposed safety zone prevents vessels from 
transiting a portion of Upper New York Bay and is needed to protect 
boaters from the hazards associated with fireworks launched from a 
barge in the area. Marine traffic will still be able to transit through 
Anchorage Channel as it is unaffected by this zone. Additionally, 
vessels would still be able to anchor in Federal Anchorage No. 20-B, to 
the north, and 20-C, to the south 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 second proposed safety zone includes all waters of the Atlantic 
Ocean within a 360-yard radius of the fireworks barge in approximate 
position 40 deg.34'28.2"N 073 deg.50'00.0"W (NAD 1983), off Beach 116th 
Street. The proposed safety zone prevents vessels from transiting a 
portion of the Atlantic Ocean 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 Atlantic Ocean 
near Rockaway Beach. Additionally, vessels would not be precluded from 
mooring at or getting underway from recreational piers in the vicinity 
of the zone and there are no commercial facilities in the vicinity of 
the zone. The Captain of the Port does not anticipate any negative 
impact on vessel traffic due to this proposed safety zone.
    The third proposed safety zone includes all waters of Rockaway 
Inlet within a 360-yard radius of the fireworks barge in approximate 
position 40 deg.34'19.1"N 073 deg.54'43.5"W (NAD 1983), about 1,200 
yards south of Point Breeze. The proposed safety zone prevents vessels 
from transiting a portion of Rockaway Inlet 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 
Rockaway Inlet. Additionally, vessels would not be precluded from 
mooring at or getting underway from recreational piers in the vicinity 
of the zone and there are no commercial facilities in the vicinity of 
the 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 includes all waters of Larchmont Harbor 
within a 240-yard radius of the fireworks barge in approximate position 
40 deg.55'21.8"N 073 deg.44'21.7"W (NAD 1983), about 540 yards north of 
Umbrella Rock. The proposed safety zone prevents vessels from 
transiting a portion of Larchmont Harbor and is needed to protect 
boaters from the hazards associated with fireworks launched from a 
barge in the area. Recreational traffic will still be able to transit 
through the western 100 yards and eastern 40 yards of the 620-yard wide 
Larchmont Harbor. There are currently no commercial facilities in 
Larchmont Harbor. 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 first proposed safety zone includes all waters of the East 
River within a 180-yard radius of the fireworks barge in approximate 
position 40 deg.42'12.5"N 074 deg.00'02.0"W (NAD 1983), about 200 yards 
east of Pier 16. 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. Vessel traffic will be able to transit through the eastern 140 
yards of the 490-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 second proposed safety zone includes all waters of the East 
River

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within a 360-yard radius of the fireworks barge in approximate position 
40 deg.44'24.0"N 073 deg.58'00.0"W (NAD 1983), about 785 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. Recreational and non-deep draft commercial vessel traffic will be 
able to transit through the western 160 yards of the 910-yard wide East 
River during the event. This safety zone would close this portion of 
the East River for vessels that must use the Poorhouse Flats Range. 
This range marks the area where the 35-foot deep main channel crosses 
from the west side of the river to the east side of the river. The 
Poorhouse Flats Range marks the best water in this crossover. But the 
Coast Guard will minimize any negative impact from this safety zone by 
ensuring that this zone is not effective during slack tide, which is 
typically when vessels that must use the Poorhouse Flats Range transit 
this portion of the East River. Additionally, vessels would not be 
precluded from mooring at or getting underway from any piers in the 
vicinity of the proposed safety zone.

Hudson River

    The first proposed safety zone includes all waters of the Hudson 
River within a 360-yard radius of the fireworks barge in approximate 
position 40 deg.44'31"N 074 deg.01'00"W (NAD 1983), about 380 yards 
west of Pier 54. 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 170 yards of the 885-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 second proposed safety zone includes all waters of the Hudson 
River within a 360-yard radius of the fireworks barge in approximate 
position 40 deg.45'56.9"N 074 deg.00'25.4"W (NAD 1983), about 380 yards 
west of Pier 84. 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 165 yards of the 875-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 third proposed safety zone includes all waters of Peekskill Bay 
within a 360-yard radius of the fireworks barge in approximate position 
41 deg.17'16"N 073 deg.56'18"W (NAD 1983), about 670 yards north of 
Travis Point. The proposed safety zone prevents vessels from transiting 
a portion of Peekskill Bay and is needed to protect boaters from the 
hazards associated with fireworks launched from a barge in the area. 
Marine traffic will still be able to transit through Peekskill Bay 
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 fourth proposed safety zone includes all waters of the Hudson 
River within a 360-yard radius of the fireworks barge in approximate 
position 40 deg.42'37.3"N 074 deg.01'41.6"W (NAD 1983), about 420 yards 
east of Morris Canal Little Basin. 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 535 yards of the 1,215-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 fifth proposed safety zone includes all waters of the Hudson 
River within a 360-yard radius of the fireworks barge in approximate 
position 40 deg.46'11.8"N 074 deg.00'14.8"W (NAD 1983), about 375 yards 
west 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 160 yards of the 895-yard wide Hudson River during the 
event. This would expand the diameter of the current safety zone 
(Sec. 165.168(d)(4)) from 300 yards to 360 yards. This expanded safety 
zone would only be authorized when it would not interfere with vessel 
traffic at the New York Passenger Ship Terminal. Normally, this safety 
zone is established in conjunction with a passenger ship arrival or 
departure from Pier 88, 90, or 92. 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 Coast Guard does not know the actual dates that these safety 
zones will be activated 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 and facsimile broadcasts may 
also be made for these events, beginning 24 to 48 hours before the 
event is scheduled to begin, 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--STAY AWAY''. 
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--STAY AWAY'' 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 6 p.m. 
(e.s.t.) to 1 a.m. (e.s.t.). This is two hours earlier than the current 
regulations and is to allow for earlier fireworks displays during 
Daylight Savings Time. 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

[[Page 77842]]

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 New York 
Harbor, western Long Island Sound, the East River, and Hudson River, 
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. Marine information and facsimile broadcasts may also be made 
to notify the public. Additionally, the Coast Guard anticipates that 
there will only be 18 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 New York Harbor, western 
Long Island Sound, the East River, and Hudson River, 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 11 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. Marine information and 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 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 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 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 Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed 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 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 11 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. Section 165.168 is amended as follows:
    a. Revise the section heading;
    b. Revise paragraph (a) introductory text and add paragraphs (a)(7) 
through (a)(9);

[[Page 77843]]

    c. Revise paragraph (b) introductory text and add paragraph 
(b)(10);
    d. Revise paragraph (c) introductory text and add paragraphs (c)(3) 
through (c)(4);
    e. Revise paragraphs (d) introductory text and (d)(4) and add 
paragraphs (d)(8) through (d)(11);
    f. Revise paragraphs (e) and (f); and
    g. Revise Figures 1 through 4.
    The additions and revisions read as follows:


Sec. 165.168  Safety Zones: New York Harbor, Western Long Island Sound, 
East River, and Hudson River Fireworks.

    (a) New York Harbor. Figure 1 of this section displays the safety 
zone areas in paragraphs (a)(1) through (a)(9).
* * * * *
    (7) South Ellis Island Safety Zone: All waters of Upper New York 
Bay within a 240-yard radius of the fireworks barge in approximate 
position 40 deg.41'39.9"N 074 deg.02'33.7"W (NAD 1983), about 260 yards 
south of Ellis Island.
    (8) Rockaway Beach Safety Zone: All waters of the Atlantic Ocean 
within a 360 yard radius of the fireworks barge in approximate position 
40 deg.34'28.2"N 073 deg.50'00.0"W (NAD 1983), off Beach 116th Street.
    (9) Rockaway Inlet Safety Zone: All waters of Rockaway Inlet within 
a 360 yard radius of the fireworks barge in approximate position 
40 deg.34'19.1"N 073 deg.54'43.5"W (NAD 1983), about 1,200 yards south 
of Point Breeze.
    (b) Western Long Island Sound. Figure 2 of this section displays 
the safety zone areas in paragraphs (b)(1) through (b)(10).
* * * * *
    (10) Larchmont Harbor, 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.55'21.8"N 
073 deg.44'21.7"W (NAD 1983), about 540 yards north of Umbrella Rock.
    (c) East River. Figure 3 of this section displays the safety zone 
areas in paragraphs (c)(1) through (c)(4).
* * * * *
    (3) Pier 16, East River Safety Zone: All waters of the East River 
within a 180-yard radius of the fireworks barge in approximate position 
40 deg.42'12.5"N 074 deg.00'02.0"W (NAD 1983), about 200 yards east of 
Pier 16.
    (4) Newtown Creek, East River Safety Zone: All waters of the East 
River within a 360-yard radius of the fireworks barge in approximate 
position 40 deg.44'24.0"N 073 deg.58'00.0"W (NAD 1983), about 785 yards 
south of Belmont Island.
    (d) Hudson River. Figure 4 of this section displays the safety zone 
areas in paragraphs (d)(1) through (d)(11).
* * * * *
    (4) Pier 90, Hudson River Safety Zone: All waters of the Hudson 
River within a 360-yard radius of the fireworks barge in approximate 
position 40 deg.46'11.8"N 074 deg.00'14.8"W (NAD 1983), about 375 yards 
west of Pier 90, Manhattan.
* * * * *
    (8) Pier 54, Hudson River Safety Zone: All waters of the Hudson 
River within a 360-yard radius of the fireworks barge in approximate 
position 40 deg.44'31"N 074 deg.01'00"W (NAD 1983), about 380 yards 
west of Pier 54, Manhattan.
    (9) Pier 84, Hudson River Safety Zone: All waters of the Hudson 
River within a 360-yard radius of the fireworks barge in approximate 
position 40 deg.45'56.9"N 074 deg.00'25.4"W (NAD 1983), about 380 yards 
west of Pier 84, Manhattan.
    (10) Peekskill Bay, Hudson River Safety Zone: All waters of 
Peekskill Bay within a 360-yard radius of the fireworks barge in 
approximate position 41 deg.17'16"N 073 deg.56'18"W (NAD 1983), about 
670 yards north of Travis Point.
    (11) Jersey 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.42'37.3"N 074 deg.01"41.6"W (NAD 1983), 
about 420 yards east of Morris Canal Little Basin.
    (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--STAY AWAY''. This sign will consist of 10" high by 
1.5" wide red lettering on a white background. Shore sites used in 
these locations will display a sign labeled ``FIREWORKS--STAY AWAY'' 
with the same dimensions.
    (f) Effective Period. This section is effective from 6 p.m. 
(e.s.t.) to 1 a.m. (e.s.t.) each day a barge with a ``FIREWORKS--STAY 
AWAY'' sign on the port and starboard side is on-scene or a 
``FIREWORKS--STAY AWAY'' 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.
* * * * *
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    Dated: November 3, 2000.
P.A. Harris,
Captain, U.S. Coast Guard, Captain of the Port, New York, Acting.
[FR Doc. 00-31705 Filed 12-12-00; 8:45 am]
BILLING CODE 4910-15-C