[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Rules and Regulations]
[Pages 6477-6480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1667]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-227]
RIN 2115-AA97


Safety Zone: Coast Guard Activities New York Annual Fireworks 
Displays

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 12 permanent safety zones for 
annual fireworks displays located in the Port of New York/New Jersey. 
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 a portion of the affected waterways.

DATES: This rule is effective February 21, 2001.

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 (CGD01-00-227) and are available for inspection or 
copying at room 204, Coast Guard Activities New York, 212 Coast Guard 
Drive, Staten Island, NY 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 November 2, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone: Coast Guard Activities New York Annual 
Fireworks Displays in the Federal Register (65 FR 65814). 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 twelve permanent safety zones, in 
eight separate locations, that will be activated for fireworks displays 
occurring at the same location and time on an annual basis. The eight 
locations are north of Bar Beach in Hempstead Harbor; Pier 14, 
Manhattan, in the East River; Highlands, NJ on Sandy Hook Bay; 
Kingston, NY on Rondout Creek; Tottenville, Staten Island, in the 
Arthur Kill; Red Bank, NJ on the Navesink River; the Burlington Bay 
Breakwater, VT; and Rensselaer, NY on the Hudson River. There are four 
annual fireworks displays at the location off Pier 14 in the East River 
and two annual displays at the location in Hempstead Harbor. 
Establishing permanent safety zones by notice and comment rulemaking 
gave the public the opportunity to comment on the zones, provided 
better notice than promulgating temporary rules annually, and decreases 
the amount of annual paperwork required for these events. The Coast 
Guard has received no prior notice of any impact caused by the previous 
events.
    The Coast Guard is revising 33 CFR 165.161 by adding six new 
locations, revising the effective dates for two current locations, and 
removing three locations from the section because they are now 
permanent fireworks safety zones regulated by 33 CFR 165.168. The two 
current locations with revised effective dates are Highlands, NJ, and 
Kingston, NY. The three locations that are being removed are Glen Cove, 
NY, Yonkers, NY, and Elizabeth, NJ.
    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. The 
twelve safety zones are:

North Hempstead, NY Fireworks, Hempstead Harbor

    The safety zone includes all waters of Hempstead Harbor within a 
300-yard radius of the fireworks barge in approximate position 
40 deg.49'54"N 073 deg.39'14"W (NAD 1983), about 360 yards north of Bar 
Beach, Hempstead Harbor. There are two annual fireworks displays in 
Hempstead Harbor. Aside from being on different days, the safety zone 
for each display is the same. The safety zone is effective annually 
from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Friday before Memorial 
Day and the Saturday after Labor Day. If the event is cancelled due to 
inclement weather, then this safety zone is effective from 8 p.m. 
(e.s.t.) to 1 a.m. (e.s.t.) on the Saturday before Memorial Day and the 
Sunday after Labor Day. The safety zone closes a portion of southern 
Hempstead Harbor and prevents marine traffic from transiting a portion 
of this area. Vessel traffic will be able to transit through the 
northern 6,000 yards of Hempstead Harbor as this location is in the 
extreme southern end of Hempstead Harbor. It is needed to protect 
boaters from the hazards associated with fireworks launched from a 
barge in the area.

Seaport Memorial Day, Labor Day, New Year's Eve, and the Deepavali 
Festival Fireworks, East River

    The safety zone includes all waters of the East River south of the 
Brooklyn Bridge and north of a line drawn from the southwest corner of 
Pier 3, Brooklyn, to the northeast corner of Pier 6, Manhattan. There 
are four annual fireworks displays in the East River. Aside from being 
on different days and at different times, the safety zone for each 
display is the same. The safety zone is effective annually from 8 p.m. 
(e.s.t.) to 1 a.m. (e.s.t.) on Memorial Day, Labor Day, and New Year's 
Eve; and from 6 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first Sunday in 
October. If the event is cancelled due to inclement weather, then this 
safety zone is effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the 
day following Memorial Day, Labor Day, and New Year's Eve; and from 6 
p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first Monday in October. The 
safety zone closes a portion of the East River and prevents marine 
traffic from transiting this area. It is needed to protect boaters from 
the hazards associated with fireworks launched from a barge in the 
area.

Highlands, NJ Fireworks, Sandy Hook Bay

    The safety zone includes all waters of Sandy Hook Bay within a 150-
yard radius of the fireworks barge in approximate position 
40 deg.24'33.8"N 073 deg.59'46.2"W (NAD 1983), about 1,200 yards west 
of Plum Island. The safety zone is effective annually from 8 p.m. 
(e.s.t.) to 1 a.m. (e.s.t.) on the Saturday before Father's Day. If the 
event is cancelled due to inclement weather, then this safety zone is 
effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on Father's Day. The 
safety zone closes a portion of Sandy Hook Bay and the Shrewsbury

[[Page 6478]]

River, and prevents marine traffic from transiting a portion of this 
area. It is needed to protect boaters from the hazards associated with 
fireworks launched from a barge in the area.

Kingston, NY Fireworks, Rondout Creek

    The safety zone includes all waters of Rondout Creek between the 
Kingston-Port Ewen Bridge (mile 1.1) and the Kingston-US 9 Bridge (mile 
1.3). The fireworks are fired from shore at the Kingston Municipal 
Docks. The safety zone is effective annually from 8 p.m. (e.s.t.) to 1 
a.m. (e.s.t.) on the Saturday and Sunday before July 4th. The safety 
zone closes a portion of Rondout Creek and prevents marine traffic from 
transiting the area. It is needed to protect boaters from the hazards 
associated with fireworks launched from shore in the area.

Staten Island Fireworks, Arthur Kill

    The safety zone in the Arthur Kill includes all waters of the 
Arthur Kill, Ward Point Bend (West), and the Raritan River Cutoff, 
within a 300-yard radius of the fireworks barge in approximate position 
40 deg.30'18"N 074 deg.15'30"W (NAD 1983), about 300 yards west of 
Conference House Park, Staten Island. The safety zone is effective 
annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd and the 
Saturday before Labor Day. If the event is cancelled due to inclement 
weather, then this safety zone is effective from 8 p.m. (e.s.t.) to 1 
a.m. (e.s.t.) on July 4th and 5th, and the Sunday and Monday of Labor 
Day weekend. The safety zone prevents vessels from transiting a portion 
of the Arthur Kill, Ward Point Bend (West), and the Raritan River 
Cutoff, and is needed to protect boaters from the hazards associated 
with fireworks launched from a barge in the area. Recreational vessels 
will still be able to transit through the western 50 yards of the 540-
yard wide Arthur Kill during the event. Additionally, vessels are not 
precluded from getting underway, or mooring at, public or private 
facilities in Perth Amboy, NJ, in the vicinity of this zone.

Red Bank, NJ July 3rd Fireworks, Navesink River

    The safety zone northwest of Red Bank includes all waters of the 
Navesink River within a 360-yard radius of the fireworks barge in 
approximate position 40 deg.21'20"N 074 deg.04'10"W (NAD 1983), about 
360 yards northwest of Red Bank, NJ. The safety zone is effective 
annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If the 
event is cancelled due to inclement weather, then this safety zone is 
effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 4th. The 
safety zone prevents vessels from transiting a portion of the Navesink 
River and is needed to protect boaters from the hazards associated with 
fireworks launched from a barge in the area.

Burlington, VT July 3rd Fireworks, Burlington Bay

    The safety zone includes all waters of Burlington Bay within a 300-
yard radius of the fireworks barge in approximate position 
44 deg.28'30.6"N 073 deg.13'31.3"W (NAD 1983), beside the Burlington 
Bay Breakwater. The safety zone is effective annually from 8 p.m. 
(e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If the event is cancelled due 
to inclement weather, then this safety zone is effective from 8 p.m. 
(e.s.t.) to 1 a.m. (e.s.t.) on the following two Fridays and Saturdays. 
The safety zone prevents vessels from transiting a portion of 
Burlington Bay, and is needed to protect boaters from the hazards 
associated with fireworks launched from a barge in the area.

Rensselaer, NY Fireworks, Hudson River

    The safety zone includes all waters of the Hudson River within a 
180-yard radius of the fireworks barge in approximate position 
42 deg.38'23"N 073 deg.44'59.1"W (NAD 1983), about 480 yards south of 
the Dunn Memorial Bridge (mile 145.4). The safety zone is effective 
annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first and 
second Saturday in August. If the event is cancelled due to inclement 
weather, then this safety zone is effective from 8 p.m. (e.s.t.) to 1 
a.m. (e.s.t.) on the first and second Sunday in August. 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.
    The effective period for each safety zone is from 8 p.m. (e.s.t.) 
to 1 a.m. (e.s.t.), except for the safety zone off Pier 14 in the East 
River on the first Sunday in October which is effective from 6 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. These safety zones will not create a 
significant economic impact on marine traffic due to the following: 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. All of the 
displays take place late at night on a national holiday with the 
exceptions of Highlands, NJ, Rensselaer, NY, and the Deepavali Festival 
Fireworks. The Coast Guard has promulgated safety zones for fireworks 
displays at all 8 areas in the past and we have not received notice of 
any negative comments on these annual displays. Additionally, marine 
traffic can plan their transits through these areas around the time the 
safety zones are in effect. The marine community will have advance 
notice of these events as they are annual events with local community 
support. The Sandy Hook and Hudson River Pilots Associations will be 
notified prior to these events. Advance notifications will also be made 
to the local maritime community by the Local Notice to Mariners. Marine 
information and facsimile broadcasts may also be made.
    This rule is being established to provide for the safety of life on 
navigable waters during the events, to give the marine community the 
opportunity to comment on the zones, and to decrease the amount of 
annual paperwork required for these events.

Discussion of Comments and Changes

    The Coast Guard received no letters commenting on the proposed 
rulemaking. No changes were made to this rulemaking.

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, vessels will be able to transit through 
these safety zones except for the 45-minute period that a Coast Guard 
patrol vessel is present, and all of the zones are in areas where the 
Coast Guard expects insignificant adverse impact on all mariners from 
the zones' activation. All of the displays take place

[[Page 6479]]

late at night on a national holiday with the exceptions of Highlands, 
NJ, Rensselaer, NY, and the Deepavali Festival Fireworks. The Coast 
Guard has promulgated safety zones for fireworks displays at all 8 
areas in the past and we have not received notice of any negative 
comments on these annual displays. Additionally, marine traffic can 
plan their transits through these areas around the time the safety 
zones are in effect. The marine community will have advance notice of 
these events as they are annual events with local community support. 
The Sandy Hook and Hudson River Pilots Associations will also be 
notified prior to these events. Advance notifications will also be made 
to the local maritime community by the Local Notice to Mariners. Marine 
information and facsimile broadcasts may also be made.

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 
would 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: Hempstead Harbor, the East River, 
Sandy Hook Bay, Rondout Creek, the Arthur Kill, the Navesink River, 
Burlington Bay, and the Hudson River during the times these zones are 
activated.
    These safety zones will not have a significant economic impact on a 
substantial number of small entities for the following reasons: These 
are all annual events with local community support and vessels will 
normally be precluded from entering any of the zones for only a 45-
minute period on an annual basis. Before the effective period, we will 
issue maritime advisories widely available to users of the Port of New 
York/New Jersey by the Local Notice to Mariners. Marine information and 
facsimile broadcasts may also be made. Additionally, the Coast Guard 
has not received any negative reports from small entities affected by 
these displays during these displays in previous years.

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.

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 unfunded mandate 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

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. This rule fits paragraph 34(g) as it 
establishes 12 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. 165.161 to read as follows:


Sec. 165.161  Safety zones: Coast Guard activities New York annual 
fireworks displays.

    (a) Safety zones. The following areas are designated safety zones:
    (1) North Hempstead, NY, fireworks, Hempstead Harbor:
    (i) Location. All waters of Hempstead Harbor within a 300-yard 
radius of the fireworks barge in approximate position 40 deg.49'54" N 
073 deg.39'14" W (NAD 1983), about 360 yards north of Bar Beach, 
Hempstead Harbor.
    (ii) Effective period. Paragraph (a)(1)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Friday 
before Memorial Day, and the Saturday after Labor Day. If the event is 
cancelled due to inclement weather, then paragraph (a)(1)(i) of this 
section is effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the 
Saturday before Memorial Day and the Sunday after Labor Day.
    (2) Seaport Memorial Day fireworks, East River, NY:
    (i) Location. All waters of the East River south of the Brooklyn 
Bridge and north of a line drawn from the southwest corner of Pier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(2)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on Memorial 
Day. If the event is cancelled due to inclement weather, then paragraph 
(a)(2)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. 
(e.s.t.) on the day following Memorial Day.
    (3) Highlands, NJ, fireworks, Sandy Hook Bay:
    (i) Location. All waters of Sandy Hook Bay within a 150-yard radius 
of the

[[Page 6480]]

fireworks barge in approximate position 40 deg.24'33.8" N 
073 deg.59'46.2" W (NAD 1983), about 1,200 yards west of Plum Island.
    (ii) Effective period. Paragraph (a)(3)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday 
before Father's Day. If the event is cancelled due to inclement 
weather, then paragraph (a)(3)(i) of this section is effective from 8 
p.m. (e.s.t.) to 1 a.m. (e.s.t.) on Father's Day.
    (4) Kingston, NY, fireworks, Rondout Creek:
    (i) Location. All waters of Rondout Creek between the Kingston-Port 
Ewen Bridge (mile 1.1) and the Kingston-US 9 Bridge (mile 1.3).
    (ii) Effective period. Paragraph (a)(4)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday 
and Sunday before July 4th.
    (5) Staten Island July 3rd fireworks, Arthur Kill:
    (i) Location. All waters of the Arthur Kill, Ward Point Bend 
(West), and the Raritan River Cutoff, within a 300-yard radius of the 
fireworks barge in approximate position 40 deg.30'18" N 074 deg.15'30" 
W (NAD 1983), about 300 yards west of Conference House Park, Staten 
Island.
    (ii) Effective period. Paragraph (a)(5)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If 
the event is cancelled due to inclement weather, then paragraph 
(a)(5)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. 
(e.s.t.) on July 4th and July 5th.
    (6) Red Bank, NJ, July 3rd fireworks, Navesink River:
    (i) Location. All waters of the Navesink River within a 360-yard 
radius of the fireworks barge in approximate position 40 deg.21'20" N 
074 deg.04'10" W (NAD 1983), about 360 yards northwest of Red Bank, NJ.
    (ii) Effective period. Paragraph (a)(6)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If 
the event is cancelled due to inclement weather, then paragraph 
(a)(6)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. 
(e.s.t.) on July 4th.
    (7) Burlington, VT, July 3rd fireworks, Burlington Bay:
    (i) Location. All waters of Burlington Bay within a 300-yard radius 
of the fireworks barge in approximate position 44 deg.28'30.6"N 
073 deg.13'31.3"W (NAD 1983), beside the Burlington Bay Breakwater.
    (ii) Effective period. Paragraph (a)(7)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If 
the event is cancelled due to inclement weather, then paragraph 
(a)(7)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. 
(e.s.t.) on the following two Fridays and Saturdays.
    (8) Rensselaer, NY, fireworks, Hudson River:
    (i) Location. All waters of the Hudson River within a 180-yard 
radius of the fireworks barge in approximate position 42 deg.38'23" N 
073 deg.44'59.1" W (NAD 1983), about 480 yards south of the Dunn 
Memorial Bridge (mile 145.4).
    (ii) Effective period. Paragraph (a)(8)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first 
and second Saturday in August. If the event is cancelled due to 
inclement weather, then paragraph (a)(8)(i) of this section is 
effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first and 
second Sunday in August.
    (9) Staten Island Labor Day fireworks, Arthur Kill:
    (i) Location. All waters of the Arthur Kill, Ward Point Bend 
(West), and the Raritan River Cutoff, within a 300-yard radius of the 
fireworks barge in approximate position 40 deg.30'18" N 074 deg.15'30" 
W (NAD 1983), about 300 yards west of Conference House Park, Staten 
Island.
    (ii) Effective period. Paragraph (a)(9)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday 
before Labor Day. If the event is cancelled due to inclement weather, 
then paragraph (a)(9)(i) of this section is effective from 8 p.m. 
(e.s.t.) to 1 a.m. (e.s.t.) on the Sunday and Monday of Labor Day 
Weekend.
    (10) Seaport Labor Day fireworks, East River, NY:
    (i) Location. All waters of the East River south of the Brooklyn 
Bridge and north of a line drawn from the southwest corner of Pier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(10)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on Labor Day. 
If the event is cancelled due to inclement weather, then paragraph 
(a)(10)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. 
(e.s.t.) on the day following Labor Day.
    (11) Deepavali Festival fireworks, East River, NY:
    (i) Location. All waters of the East River south of the Brooklyn 
Bridge and north of a line drawn from the southwest corner of Pier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(11)(i) of this section is in 
effect annually from 6 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first 
Sunday in October. If the event is cancelled due to inclement weather, 
then paragraph (a)(11)(i) of this section is effective from 6 p.m. 
(e.s.t.) to 1 a.m. (e.s.t.) on the first Monday in October.
    (12) Seaport New Year's Eve fireworks, East River, NY:
    (i) Location. All waters of the East River south of the Brooklyn 
Bridge and north of a line drawn from the southwest corner of Pier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(12)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on New Year's 
Eve. If the event is cancelled due to inclement weather, then paragraph 
(a)(12)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. 
(e.s.t.) on the day following New Year's Eve.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene-patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.

    Dated: January 10, 2001.
R.E. Bennis,
Rear Admiral, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 01-1667 Filed 1-19-01; 8:45 am]
BILLING CODE 4910-15-U