Safety Zone: New York Harbor and Hudson River Fireworks.

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-130]

RIN 2115-AA97

Safety Zone: New York Harbor and Hudson River Fireworks.

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing five permanent safety zones

for fireworks displays located on Upper and Lower New York Bay, the

Hudson River, and Raritan Bay. 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 Upper and Lower New York Bay, the Hudson River, and Raritan

Bay.

DATES: This rule is effective February 7, 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 (CGD01-99-130) and are available for inspection or

copying at Waterways Oversight Branch, Coast Guard Activities New York,

212 Coast Guard Drive, Staten Island, New York 10305, room 205, between

8 a.m. e.s.t. and 3 p.m. e.s.t., Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways

Oversight Branch, Coast Guard Activities New York (718) 354-4193.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On October 6, 1999, we published a notice of proposed rulemaking

(NPRM) entitled Safety Zone: New York Harbor and Hudson River Fireworks

in the Federal Register (64 FR 54252). We received no letters

commenting on the proposed rule. No public hearing was requested, and

none was held.

On October 25, 1999, we published a correction notice entitled

Safety Zone: New York Harbor and Hudson River Fireworks in the Federal

Register (64 FR 57419). This notice corrected the Latitude position of

the barge location east of Ellis Island.

Background and Purpose

The Coast Guard is establishing five 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 five locations. The five locations are east of Liberty and Ellis

Islands in Upper New York Bay; east of South Beach, Staten Island in

Lower New York Bay; west of Pier 60, Manhattan, on the Hudson River;

and Raritan Bay in the vicinity of the Raritan River Cutoff and Ward

Point Bend (West). The number of events held in these locations has

increased from three in 1996 to 21 in 1998. The Coast Guard has

received 16 applications for fireworks displays in these areas to date

in 1999. 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 safety 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.

The five safety zones are as follows:

The safety zone at Liberty Island includes all waters of Upper New

York Bay within a 360-yard radius of the fireworks barge located in

Federal Anchorage 20-C, in approximate position 40 deg.41'16.5''N

074 deg.02'23'' W (NAD 1983), about 360 yards east of Liberty Island.

The safety zone prevents vessels from transiting a portion of Federal

Anchorage 20-C and is needed to protect boaters from the hazards

associated with fireworks launched from a barge in the area.

Recreational and commercial vessel traffic will be able to anchor in

the unaffected northern and southern portions of Federal Anchorage 20-

C. Federal Anchorages 20-A and 20-B, to the north, and Federal

Anchorages 20-D and 20-E, to the south, are also available for vessel

use. Marine traffic will still be able to transit through

[[Page 1066]]

Anchorage Channel, Upper Bay, during the event as the safety zone only

extends 125 yards into the 925-yard wide channel. The Captain of the

Port does not anticipate any negative impact on vessel traffic due to

this safety zone.

The safety zone at Ellis Island includes 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. The safety zone prevents vessels from transiting a

portion of Federal Anchorages 20-A and 20-B and is needed to protect

boaters from the hazards associated with fireworks launched from a

barge in the area. Recreational and commercial vessel traffic will be

able to anchor in the unaffected northern and southern portions of

Federal Anchorages 20-A and 20-B. Federal Anchorages 20-C, 20-D, and

20-E, to the south, are also available for vessel use. Marine traffic

will still be able to transit through Anchorage Channel, Upper Bay,

during the event as the safety zone only extends 150 yards into the

900-yard wide channel. The Captain of the Port does not anticipate any

negative impact on vessel traffic due to this safety zone.

The safety zone east of South Beach, Staten Island includes all

waters of Lower New York Bay within a 360-yard radius of the fireworks

barge located in approximate position 40 deg.35'11'' N 074 deg.03'42''

W (NAD 1983), about 350 yards east of South Beach, Staten Island. 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 a barge in the area. Marine traffic will

still be able to transit through Lower New York Bay during the event.

The Captain of the Port does not anticipate any negative impact on

vessel traffic due to this safety zone.

The safety zone off Pier 60, Manhattan includes 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. 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 150 yards of the 850-yard wide Hudson River

during the event. The Captain of the Port does not anticipate any

negative impact on vessel traffic due to this safety zone.

Additionally, vessels are not precluded from mooring at or getting

underway from Piers 59-62 or from the Piers at Castle Point, New Jersey

due to this safety zone.

The safety zone in Raritan Bay includes all waters 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). The safety zone prevents vessels

from transiting a portion of Raritan Bay in the vicinity of the Raritan

River Cutoff and Ward Point Bend (West). It 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 140 yards of the 230-yard wide Ward Point Bend (West)

during the event. Traffic that can not transit through the closed

Raritan River Cutoff can transit through Ward Point Bend (West) by

using South Amboy Reach, Great Beds Reach, Ward Point Secondary

Channel, and Ward Point Bend (East). Additionally, vessels will not be

precluded from mooring at or getting underway from any marinas or piers

at Perth Amboy, New Jersey 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 will 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. 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.

This rule is being established to provide for the safety of life on

navigable waters during the events. It also gave the marine community

the opportunity to comment on the zone locations, size, and length of

time the zones will be active.

Discussion of Comments and Changes

The Coast Guard received no letters commenting on the proposed

rulemaking. This Final rule is the same as the proposed rule except

that the Latitude position of the barge location east of Ellis Island

has been corrected. On Oct 25, 1999, we notified the public of this

Latitude position change when we published a correction notice entitled

Safety Zone: New York Harbor and Hudson River Fireworks in the Federal

Register (64 FR 57419).

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).

The Coast Guard expects the economic impact of this final 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 safely anchor to the north and south of the

zones by Liberty and Ellis Islands. Vessels may also still transit

through Anchorage Channel, Lower New York Bay, the Hudson River, and

Ward Point Bend (West) in Raritan Bay during these events. Vessels will

not be precluded from getting underway, or mooring at, Piers 59-62 and

the Piers at Castle Point, New Jersey during displays off

[[Page 1067]]

Pier 60, nor from marinas and piers at Perth Amboy, New Jersey during

displays in the Raritan River Cutoff. Advance notifications will also

be made to the local maritime community by the Local Notice to

Mariners, marine information broadcasts, and facsimile. Fireworks

barges used in these locations will also have a sign on the port and

starboard side of the barge labeled ``FIREWORKS BARGE''. This sign will

consist of 10'' high by 1.5'' wide red lettering on a white background.

Additionally, the Coast Guard anticipates that these safety zones will

only be activated 20-25 times per year. These safety zones have been

narrowly tailored to impose the least impact on maritime interests yet

provide the level of safety deemed necessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we

considered whether this 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 would affect the following entities, some of which might

be small entities: the owners or operators of vessels intending to

anchor in or transit through the affected portions of New York Harbor,

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: 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

safely anchor to the north and south of the zones by Liberty and Ellis

Islands. Vessels may also still transit through Anchorage Channel,

Lower New York Bay, the Hudson River, and Ward Point Bend (West) in

Raritan Bay during these events. Vessels will not be precluded from

getting underway, or mooring at, Piers 59-62 and the Piers at Castle

Point, New Jersey during displays off Pier 60, nor from marinas and

piers at Perth Amboy, New Jersey during displays in the Raritan River

Cutoff. 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 broadcasts, and facsimile.

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. No comments were received nor changes made to the

NPRM.

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. No comments were received nor changes made to the NPRM.

Taking of Private Property

This rule will not effect a taking of private property or otherwise

have taking implications under E.O. 12630, Governmental Actions and

Interference with Constitutionally Protected Property Rights. No

comments were received nor changes made to the NPRM.

Civil Justice Reform

This rule meets applicable standards in sections 3(a) and 3(b)(2)

of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate

ambiguity, and reduce burden. No comments were received nor changes

made to the NPRM.

Protection of Children

We have analyzed this rule under E.O. 13045, Protection of Children

from Environmental Health Risks and Safety Risks. This rule is not an

economically significant rule and does not concern an environmental

risk to health or risk to safety that may disproportionately affect

children.

Environment

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 category 34(g) since

implementation of this action will not result in any significant

cumulative impacts on the human environment, substantial controversy or

substantial change to existing environmental conditions, impacts which

are more than minimal on properties protected under 4(f) of the DOT Act

as superseded by Public Law 97-449, and section 106 of the National

Historic Preservation Act; and inconsistencies with any Federal, State,

or local laws or administrative determinations relating to the

environment. A ``Categorical Exclusion Determination'' is available in

the docket for inspection or copying where indicated under ADDRESSES.

No comments were received nor changes made to the NPRM.

List of Subjects

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. Add Sec. 165.168 to read as follows:

Sec. 165.168 Safety Zones: New York Harbor and Hudson River Fireworks.

(a) Liberty Island Safety Zone: All waters of Upper New York Bay

within a 360-yard radius of the fireworks barge in approximate position

40 deg.41'16.5''N 074 deg.02'23'' W (NAD 1983), located in Federal

Anchorage 20-C, about 360 yards east of Liberty Island.

(b) 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.

(c) 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.

(d) Pier 60, Hudson River Safety Zone: All waters of the Hudson

River within a 360-yard radius of the fireworks barge

[[Page 1068]]

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.

(e) 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).

(f) 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.

(g) Effective Period. This section is effective from 8 p.m. e.s.t.

to 1 a.m. e.s.t. each day a barge with a ``FIREWORKS BARGE'' sign on

the port and starboard side is on-scene in a location listed in

paragraphs (a) through (e) 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.

(h) 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: December 14, 1999.

R.E. Bennis,

Captain, Coast Guard,

Captain of the Port, New York.

[FR Doc. 00-350 Filed 1-6-00; 8:45 am]

BILLING CODE 4910-15-U