[Federal Register Volume 65, Number 81 (Wednesday, April 26, 2000)]
[Proposed Rules]
[Pages 24436-24439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10443]



[[Page 24436]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-005]
RIN 2115-AA97


Safety Zone: Coast Guard Activities New York Annual Fireworks 
Displays

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish five permanent safety 
zones for annual fireworks displays located on Sandy Hook Bay, Rondout 
Creek, Hempstead Harbor, the Arthur Kill, and the Hudson River. This 
action is necessary to provide for the safety of life on navigable 
waters during the events. This action is intended to restrict vessel 
traffic in a portion of Sandy Hook Bay, Rondout Creek, Hempstead 
Harbor, the Arthur Kill, and the Hudson River.

DATES: Comments and related material must reach the Coast Guard on or 
before May 26, 2000.

ADDRESSES: You may mail comments and related material to Waterways 
Oversight Branch (CGD01-00-005), Coast Guard Activities New York, 212 
Coast Guard Drive, room 205, Staten Island, New York 10305. The 
Waterways Oversight Branch of Coast Guard Activities New York maintains 
the public docket for this rulemaking. Comments and material received 
from the public, as well as documents indicated in this preamble as 
being available in the docket, will become part of this docket and will 
be available for inspection or copying at room 205, Coast Guard 
Activities New York, between 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4193.

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-
005), 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. The comment period for this 
proposed regulation is 30 days. This time period is adequate to allow 
local input because the event is highly publicized. The shortened 
comment period will allow the full 30 day publication requirement prior 
to the final rule becoming effective. 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 five permanent safety zones 
that will be activated for fireworks displays occurring at the same 
location and time on an annual basis. The five locations are Highlands, 
New Jersey in Sandy Hook Bay; Kingston, New York on Rondout Creek; Glen 
Cove, New York on Hempstead Harbor; Elizabeth, New Jersey on the Arthur 
Kill; and Yonkers, New York on the Hudson River. Establishing permanent 
safety zones by notice and comment rulemaking gives the public the 
opportunity to comment on the proposed zones, provides 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.

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 5-12 inch mortars fired from a barge or shore, combined 
with the Coast Guard's knowledge of tide and current conditions in 
these areas. The five proposed safety zones are:

Clamfest Fireworks, Highlands, New Jersey, Sandy Hook Bay

    The Highlands Chamber of Commerce and Seastreak America sponsor 
this annual fireworks display. The proposed safety zone in Sandy Hook 
Bay includes all waters of Sandy Hook Bay and the Shrewsbury River 
Channel within a 150-yard radius of the fireworks barge in approximate 
position 40 deg.24'34" N 073 deg.59'45" W (NAD 1983), about 140 yards 
south of Shrewsbury River Channel Lighted Buoy 9 (LLNR 35775). The 
proposed regulation is effective annually from 8 p.m. e.s.t. to 11 p.m. 
e.s.t. on the Saturday before Father's Day. The proposed safety zone 
closes a portion of southern Sandy Hook Bay and the Shrewsbury River 
Channel and would prevent marine traffic from transiting a portion of 
these two areas. It is needed to protect boaters from the hazards 
associated with fireworks launched from a barge in the area.

Kingston, New York Fireworks, Rondout Creek

    The city of Kingston, New York sponsors this annual fireworks 
display. The proposed safety zone in Rondout Creek 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 proposed regulation is effective 
annually from 8 p.m. e.s.t. to 11 p.m. e.s.t. on the last Sunday in 
June. The proposed 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.

Glen Cove, New York July 4th Fireworks, Hempstead Harbor

    The city of Glen Cove sponsors this annual fireworks display. The 
proposed safety zone in Hempstead Harbor 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 
proposed regulation is effective annually from 8 p.m. e.s.t. to 11 p.m. 
e.s.t. on July 1st, 2nd, 3rd, 4th, and 5th. The proposed 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 the western 1,075 yards of the 1,435 yard wide 
Hempstead Harbor during the event. Additionally, vessels are not 
precluded from getting underway from public or private facilities at 
Glen Cove or Red Spring Point, NY, in the vicinity of this event.

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Yonkers, New York Fireworks, Hudson River

    The proposed 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, New York. The 
proposed regulation is effective annually from 8 p.m. e.s.t. to 11 p.m. 
e.s.t. on July 4th and the third Saturday of September. If either event 
is canceled due to inclement weather, then this event will be held on 
July 5th and the third Sunday of September. 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 715 yards and eastern 115 yards of the 1550 
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.

Elizabeth, New Jersey July 4th Fireworks, Arthur Kill

    The city of Elizabeth sponsors this annual fireworks display. The 
proposed safety zone on the Arthur Kill includes all waters of the 
Arthur Kill within a 150-yard radius of the fireworks land shoot 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 proposed regulation is effective 
annually from 8 p.m. e.s.t. to 11 p.m. e.s.t. on July 4th. If the event 
is canceled due to inclement weather, then this event will be held on 
July 5th. The proposed 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 would not be precluded 
from mooring at or getting underway from any piers in the vicinity of 
the proposed safety zone.
    The effective period for each proposed safety zone is from 8 p.m. 
e.s.t. to 11 p.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 proposed to provide for the safety of life on 
navigable waters during the events, to give the marine community the 
opportunity to comment on the proposed zones, and to decrease the 
amount of annual paperwork required for these events.

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. The sponsors of the displays held in Highlands, 
NJ and Kingston, NY reported they have not received any objections from 
the public for these displays dating back to 1997. The display in 
Highlands, NJ has been held in the same location for 5 years and in 
Kingston, NY for 10 years. The Coast Guard has not received any 
negative comments on these annual displays. Marine traffic will only be 
precluded from transiting around these safety zones in southern Sandy 
Hook Bay and Rondout Creek. There is sufficient open water for expected 
marine traffic to transit around the other three safety zones. There 
are no commercial maritime facilities that would be affected by these 
regulated areas. Vessels may also still transit through Sandy Hook Bay, 
Hempstead Harbor, the Arthur Kill, and the 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 with the exception of the locations in Sandy 
Hook Bay and Rondout Creek. Additionally, marine traffic can plan their 
transits through Rondout Creek, Sandy Hook Bay, and the Shrewsbury 
River Channel around the time the Kingston, New York and Highlands, New 
Jersey safety zones are in effect. The marine community will have 
advance notice of these two events as they are annual events with local 
community support. Advance notifications will also be made to the local 
maritime community by the Local Notice to Mariners, marine information 
broadcasts, and facsimile broadcasts, if needed.
    The proposed size of these safety zones were determined using 
National Fire Protection Association and New York City Fire Department 
standards for 5-12 inch mortars fired from a barge or shore, combined 
with the Coast Guard's knowledge of tide and current conditions in 
these areas.

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 Sandy Hook Bay, Rondout 
Creek, Hempstead Harbor, the Arthur Kill, and the 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 the safety zones with the exception 
of the locations in Sandy Hook Bay and Rondout Creek. 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 with the 
exception of the locations in Sandy Hook Bay and Rondout Creek. The 
sponsors of the displays held in Highlands, NJ and Kingston, NY 
reported they have not received any objections from the public for 
these displays dating back to 1997. The display in Highlands, NJ has 
been held in the same location for 5 years and in

[[Page 24438]]

Kingston, NY for 10 years. There are no commercial marine facilities 
that would be affected by any of these regulated areas. 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. Additionally, the Coast Guard has not received any 
negative reports from small entities affected by these displays.
    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 J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4193.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

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

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation. This proposed rule fits 
paragraph 34(g) as it establishes six 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. Add 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) Clamfest Fireworks, Highlands, New Jersey, Sandy Hook Bay:
    (i) Location. All waters of Sandy Hook Bay within a 150-yard radius 
of the fireworks barge in approximate position 40 deg.24'34'' N 
073 deg.59'45'' W (NAD 1983), about 140 yards south of Shrewsbury River 
Channel Lighted Buoy 9 (LLNR 35775).
    (ii) Effective period. Paragraph (a)(1)(i) is in effect annually 
from 8 p.m. e.s.t. to 11 p.m. e.s.t. on the Saturday before Father's 
Day.
    (2) Kingston, New York Fireworks, Rondout Creek Safety Zone:
    (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)(2)(i) is in effect annually 
from 8 p.m. e.s.t. to 11 p.m. e.s.t. on the last Saturday in June.
    (3) Glen Cove, New York July 4th Fireworks Safety Zone:
    (i) Location. 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).
    (ii) Effective period. Paragraph (a)(3)(i) is in effect annually 
from 8 p.m. e.s.t. to 11 p.m. e.s.t. on July 1st, 2nd, 3rd, 4th, and 
5th.
    (4) Yonkers, New York Fireworks Safety Zone:
    (i) Location. 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, New York.
    (ii) Effective period. Paragraph (a)(4)(i) is in effect annually 
from 8 p.m. e.s.t. to 11 p.m. e.s.t. on July 4th and the third Saturday 
of September. If the event is canceled due to inclement weather, then 
paragraph (a)(4)(i) is effective on July 5th and the third Sunday of 
September.
    (5) Elizabeth, New Jersey July 4th Fireworks, Arthur Kill, Safety 
Zone:
    (i) Location. All waters of the Arthur Kill within a 150-yard 
radius of the fireworks land shoot 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).
    (ii) Effective period. Paragraph (a)(5)(i) is in effect annually 
from 8 p.m. e.s.t. to 11 p.m. e.s.t. on July 4th. If the event is 
canceled due to inclement weather, then paragraph (a)(5)(i) is 
effective from 8 p.m. e.s.t. to 11 p.m. e.s.t. on July 5th.
    (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.


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    Dated: March 28, 2000.
R. E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 00-10443 Filed 4-21-00; 4:20 pm]
BILLING CODE 4910-15-P