30376 Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Proposed Rules

or § 10.51 (relating to false opinions).

Particularly, whether Circular No. 230

should establish standards for opinions

intended to provide legal justification

for the treatment of an item for purposes

of § 1.6664–4(e) of the Regulations on

Procedure and Administration (relating

to the reasonable cause exception).

3. Whether an opinion provided for

legal justification for purposes of

§ 1.6664–4(e) of the regulations should

specifically state that it is provided for

this purpose.

4. For purposes of the foregoing:

a. Whether the factual due diligence

standards set forth in § 10.33(a)(1)

should be applied to tax shelter

opinions other than those provided for

the marketing of tax shelters.

b. Whether the factual due diligence

standards should be modified to further

limit the circumstances under which a

practitioner may rely on factual

assertions of other persons and to

require a practitioner to specify the

measures taken to confirm the facts.

c. Under what circumstances, if any,

Circular No. 230 should permit a

practitioner to base an opinion upon

hypothetical facts or factual

assumptions and conclusions, including

assumptions regarding the existence of

a business purpose and the significance

of such purpose relative to the intended

tax benefits.

d. Whether Circular No. 230 should

require that the opinion state that the

transaction in question was analyzed

under all applicable judicial doctrines

(including the step transaction, business

purpose, economic substance, substance

over form, and sham transaction

doctrines).

e. Whether Circular No. 230 should

require that an opinion state

unambiguously that there is a greater

than 50 percent likelihood that the

taxpayer will prevail with respect to

each material tax issue and with respect

to the material tax benefits in the

aggregate.

B. Contingent Fees

1. Whether § 10.28 should prohibit a

practitioner from charging a fee for an

opinion or advice relating to a position

taken or to be taken by a taxpayer in an

original return where such fee is

contingent upon whether the tax

treatment of the transaction is sustained,

and whether § 10.28 should prohibit a

practitioner from providing an

indemnity to a taxpayer with respect to

a position taken or to be taken in an

original return.

2. Whether § 10.28 should continue to

permit a practitioner to charge a

contingent fee for assisting a client in

filing an amended return or claim for

refund when the practitioner reasonably

anticipates at the time the fee

arrangement is entered into that the

amended return or claim will receive

substantive review from the Service.

C. Conditions of Confidentiality

1. Whether there are circumstances in

which Circular No. 230 should prohibit

a practitioner from agreeing to

conditions of confidentiality other than

conditions of confidentiality imposed

by reasons of privilege. If so, how

should confidentiality be defined?

2. Whether Circular No. 230 should

prohibit a practitioner from asking a

client to agree to conditions of

confidentiality.

D. Sanctions

1. Whether § 10.24 should be

modified to clarify what types of

relationships with suspended persons

are prohibited.

2. Whether there are circumstances in

which a practitioner’s failure to comply

with the rules under Circular No. 230

should be attributed to the firm with

which the practitioner is associated so

that the practitioner and the firm (or all

practitioners in the firm) may be subject

to discipline under Circular No. 230.

3. Whether Circular No. 230 can or

should provide a broader array of

sanctions, such as censure, for violation

of its provisions.

4. Whether the identities of those who

are disciplined under Circular No. 230

should be exposed to greater publicity.

If so, how should greater publicity be

achieved?

E. General Issues

1. Whether § 10.7(c)(1) should be

modified to permit, under limited

circumstances, an individual who is not

authorized to practice before the IRS to

represent a taxpayer without obtaining

authorization for a special appearance

from the Director of Practice under

§ 10.7(d).

2. Whether and to what extent § 10.21

should be modified regarding the

actions a practitioner must take when he

or she discovers that there is an error or

omission on a return or other document.

3. Whether § 10.22 should be

modified to define what constitutes due

diligence.

4. Whether § 10.29 should be

expanded to define conflicting interests

and to delineate what constitutes

informed consent permitting a

practitioner to represent clients with

conflicting interests.

5. How the provisions of § 10.30(a)(2),

regarding uninvited solicitations,

should be modified in light of Edenfield

v. Fane, 507 U.S. 761 (1993).

6. Whether the definition of

communication in § 10.30(c) should be

expanded specifically to include certain

forms of electronic communications and

whether there are any special

considerations that should be addressed

regarding these forms of communication

for purposes of § 10.30.

7. Whether the § 10.51 definition of

disreputable conduct should be

expanded to include conviction of any

felony.

In addition to the foregoing issues, the

Treasury Department and the IRS invite

comments on any other changes that are

necessary or appropriate to carry out the

purposes of Circular No. 230.

Dated: May 5, 2000.

Neal Wolin,

General Counsel.

[FR Doc. 00–11702 Filed 5–5–00; 3:35 pm]

BILLING CODE 4830–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–004]

RIN 2115–AA97

Safety Zone: New York Harbor,

Western Long Island Sound, East and

Hudson Rivers Fireworks.

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish 20 permanent safety zones for

fireworks displays located on New York

Harbor, western Long Island Sound, the

East River, and the Hudson River. This

action is necessary to provide for the

safety of life on navigable waters during

the events. This action establishes

permanent exclusion areas that are only

active prior to the start of the fireworks

display until shortly after the fireworks

display is completed, and is intended to

restrict vessel traffic in a portion of New

York Harbor, western Long Island

Sound, the East and Hudson Rivers.

DATES: Comments and related material

must reach the Coast Guard on or before

June 12, 2000.

ADDRESSES: You may mail comments

and related material to Waterways

Oversight Branch (CGD01–00–004),

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

Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Proposed Rules 30377

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 (CGD01–00–004),

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 81⁄2 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 locations

have been used for fireworks displays in

previous years. The shortened comment

period will still 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

20 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 20

locations. The 20 locations are Coney

Island in New York Harbor; Elizabeth,

New Jersey on the Arthur Kill; Peningo

Neck, Satans Toe, Larchmont,

Manursing Island, Glen Island, Twin

Island, Davenport Neck, and two

locations in Hempstead Harbor in

western Long Island Sound; Pier 14,

Manhattan, Hunters Point, and Wards

Island in the East River; The Battery,

Battery Park City, and Pier 90,

Manhattan; Yonkers, Hastings-onHudson, and Pier D, Jersey City in the

Hudson River. The Coast Guard

received 33 applications for fireworks

displays in these areas from 1998 to

1999. In 1997, the Coast Guard received

10 applications for fireworks displays in

these locations. In the past, temporary

safety zones were established with

limited notice for preparation by the

U.S. Coast Guard and limited

opportunity for public comment.

Establishing permanent safety zones by

notice and comment rulemaking 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 received no prior notice of any

impact caused by the previous events.

Marine traffic would still be able to

transit around the proposed safety

zones. 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 proposed rule revises 33 CFR

165.168, which was published in the

Federal Register on January 7, 2000 (65

FR 1065). It adds twenty permanent

safety zones to the five existing ones in

33 CFR 165.168, and it lists all twenty

five by the body of water in which they

are located.

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

6–12 inch mortars fired from a barge or

shore, combined with the Coast Guard’s

knowledge of tide and current

conditions in these areas. Proposed

barge and land site 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 20

proposed safety zones are:

New York Harbor

The proposed safety zone in Lower

New York Bay includes all waters of

Lower New York Bay within a 250-yard

radius of the fireworks land shoot

located on the south end of

Steeplechase Pier, Coney Island, in

approximate position 40°34′11′′ N

073°59′00′′ W (NAD 1983). The

proposed safety zone prevents vessels

from transiting a portion of Lower New

York Bay, and is needed to protect

boaters from the hazards associated with

fireworks launched from shore in the

area. Marine traffic will still be able to

transit through Lower New York Bay

during the event. Additionally,

Steeplechase Pier does not accept

marine traffic and there are no

commercial or recreational piers in the

vicinity of the proposed safety zone.

The Captain of the Port does not

anticipate any negative impact on vessel

traffic due to this proposed safety zone.

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 located in

Elizabeth, New Jersey, in approximate

position 40°38′50′′ N 074°10′58′′ W

(NAD 1983), about 675 yards west of

Arthur Kill Channel Buoy 20 (LLNR

36780). 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

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 at Peningo

Neck includes all waters of western

Long Island Sound within a 300-yard

radius of the fireworks barge in

approximate position 40°56′21′′ N

073°41′23′′ W (NAD 1983), about 525

yards east of Milton Point, Peningo

Neck. The proposed safety zone

prevents vessels from transiting a

portion of western Long Island Sound

and is needed to protect boaters from

the hazards associated with fireworks

launched from a barge in the area.

Marine traffic will still be able to transit

through western Long Island Sound

during the event. Additionally, vessels

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 proposed safety zone east of

Satans Toe includes all waters of

western Long Island Sound within a

360-yard radius of the fireworks barge in

approximate position 40°55′21′′ N

073°43′41′′ W (NAD 1983), about 635

yards northeast of Larchmont Harbor

(East Entrance) Light 2 (LLNR 25720).

30378 Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Proposed Rules

The proposed safety zone prevents

vessels from transiting a portion of

western Long Island Sound and is

needed to protect boaters from the

hazards associated with fireworks

launched from a barge in the area.

Marine traffic will still be able to transit

through western Long Island Sound

during the event. Additionally, vessels

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 proposed safety zone off

Larchmont, west of the entrance to

Horseshoe Harbor includes all waters of

western Long Island Sound within a

240-yard radius of the fireworks barge in

approximate position 40°54′45′′ N

073°44′55′′ W (NAD 1983), about 450

yards southwest of the entrance to

Horseshoe Harbor. The proposed safety

zone prevents vessels from transiting a

portion of western Long Island Sound

and is needed to protect boaters from

the hazards associated with fireworks

launched from a barge in the area.

Marine traffic will still be able to transit

through western Long Island Sound

during the event. Additionally, vessels

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 proposed safety zone south of

Manursing Island includes all waters of

western Long Island Sound within a

360-yard radius of the fireworks barge in

approximate position 40°57′47′′ N

073°40′06′′ W (NAD 1983), about 380

yards north of Rye Beach Transport

Rock Buoy 2 (LLNR 25570). The

proposed safety zone prevents vessels

from transiting a portion of western

Long Island Sound and is needed to

protect boaters from the hazards

associated with fireworks launched

from a barge in the area. Marine traffic

will still be able to transit through

western Long Island Sound during the

event. Additionally, vessels 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 proposed safety zone east of Glen

Island includes all waters of western

Long Island Sound within a 240-yard

radius of the fireworks barge in

approximate position 40°53′12′′ N

073°46′33′′ W (NAD 1983), about 350

yards east of the northeast corner of

Glen Island. The proposed safety zone

prevents vessels from transiting a

portion of western Long Island Sound

and is needed to protect boaters from

the hazards associated with fireworks

launched from a barge in the area.

Marine traffic will still be able to transit

through western Long Island Sound

during the event. Additionally, vessels

would not be precluded from mooring at

or getting underway from commercial or

recreational 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 proposed safety zone around the

southeast corner of Twin Island

includes all waters of western Long

Island Sound within a 200-yard radius

of the fireworks land shoot in

approximate position 40°52′10′′ N

073°47′07′′ W (NAD 1983), at the east

end of Orchard Beach. The proposed

safety zone prevents vessels from

transiting a portion of western Long

Island Sound and is needed to protect

boaters from the hazards associated with

fireworks launched from shore in the

area. Marine traffic will still be able to

transit through western Long Island

Sound during the event. Additionally,

vessels 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 proposed safety zone off

Davenport Neck includes all waters of

western Long Island Sound within a

360-yard radius of the fireworks barge in

Federal Anchorage No. 1–A, in

approximate position 40°53′46′′ N

073°46′04′′ W (NAD 1983), about 360

yards northwest of Emerald Rock Buoy

(LLNR 25810). The proposed safety zone

prevents vessels from transiting a

portion of Federal Anchorage No. 1–A

and is needed to protect boaters from

the hazards associated with fireworks

launched from a barge in the area.

Marine traffic will be able to anchor in

the unaffected northern and southern

portions of Federal Anchorage No. 1–A.

Federal Anchorage No. 1–B, to the

north, and Federal Anchorage No. 1, to

the south, are also available for vessel

use. Marine traffic will still be able to

transit through western Long Island

Sound during the event. Additionally,

vessels 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 proposed safety zone in northern

Hempstead Harbor, Long Island Sound,

includes all waters of Hempstead

Harbor within a 360-yard radius of the

fireworks barge in approximate position

40°51′58′′ N 073°39′34′′ W (NAD 1983),

about 500 yards northeast of Glen Cove

Breakwater Light 5 (LLNR 27065). 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 Hempstead Harbor

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 proposed safety zone in southern

Hempstead Harbor, Long Island Sound,

includes all waters of Hempstead

Harbor within a 180-yard radius of the

fireworks barge in approximate position

40°49′50′′ N 073°39′12′′ W (NAD 1983),

about 190 yards north of Bar Beach. 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 Hempstead Harbor

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.

East River

The proposed safety zone southeast of

Pier 14, Manhattan, includes all waters

of the East River within a 180-yard

radius of the fireworks barge in

approximate position 40°42′07.5′′ N

074°00′06′′ W (NAD 1983), about 250

yards southeast of Pier 14, Manhattan.

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. Marine traffic will be able to

transit through the eastern 100 yards

and the western 70 yards of the 530-

yard wide East River during the event.

Additionally, vessels 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.

Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Proposed Rules 30379

The proposed safety zone west of

Hunters Point includes all waters of the

East River within a 300-yard radius of

the fireworks barge in approximate

position 40°44′24′′ N 073°58′00′′ W

(NAD 1983), about 780 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. Marine traffic

will still be able to transit through the

western 225 yards and the eastern 85

yards of the 900-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 Captain of the Port does not

anticipate any negative impact on vessel

traffic due to this proposed safety zone.

The proposed safety zone at Wards

Island includes all waters of the East

River within a 150-yard radius of the

fireworks land shoot in approximate

position 40°46′55.5′′ N 073°55′33′′ W

(NAD 1983), about 200 yards northeast

of the Triboro Bridge. 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 shore in the area. Marine

traffic will still be able to transit through

the eastern 150 yards of the 300-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

Captain of the Port does not anticipate

any negative impact on vessel traffic

due to this proposed safety zone.

Hudson River

The proposed safety zone south of

The Battery, Manhattan, includes all

waters of the Hudson River and

Anchorage Channel within a 360-yard

radius of the fireworks barge in

approximate position 40°42′00′′ N

074°01′17′′ W (NAD 1983), about 500

yards south of The Battery. The

proposed safety zone prevents vessels

from transiting a portion of the Hudson

River and Anchorage Channel and is

needed to protect boaters from the

hazards associated with fireworks

launched from a barge in the area.

Marine traffic will still be able to transit

through the western 675 yards of the

1500-yard wide Hudson River and

through the eastern 350 yards of the

1200-yard wide Anchorage Channel

during the event. Additionally, vessels

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 proposed safety zone southwest

of North Cove Yacht Harbor, Manhattan,

includes all waters of the Hudson River

within a 360-yard radius of the

fireworks barge in approximate position

40°42′39′′ N 074°01′21′′ W (NAD 1983),

about 480 yards southwest of North

Cove Yacht Harbor. 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 470 yards of the

1215-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 proposed safety zone west of Pier

90, Manhattan, includes all waters of

the Hudson River within a 300-yard

radius of the fireworks barge in

approximate position 40°46′12′′ N

074°00′18′′ W (NAD 1983), about 425

yards west of the west end 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 175 yards and the

eastern 140 yards of the 915-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 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°56′14.5′′ N 073°54′33′′ W

(NAD 1983), about 475 yards northwest

of Yonkers Municipal Pier. 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 yardwide 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 proposed safety zone west of

Hastings-on-Hudson includes all waters

of the Hudson River within a 360-yard

radius of the fireworks barge in

approximate position 40°59′44.5′′ N

073°53′28′′ W (NAD 1983), about 425

yards west of Hastings-on-Hudson, NY.

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 675 yards

and eastern 60 yards of the 1315 yardwide 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 proposed safety zone southeast of

Pier D, Jersey City, includes all waters

of the Hudson River within a 360-yard

radius of the fireworks barge in

approximate position 40°42′57.5′′ N

074°01′34′′ W (NAD 1983), about 375

yards southeast of Pier D, Jersey City.

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 440 yards of

the 1120-yard wide Hudson River

during the event. Additionally, Pier D

does not accept marine traffic and

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 actual dates that these safety

zones will be activated are not known

by the Coast Guard at this time. Coast

Guard Activities New York will give

notice of the activation of each safety

zone by all appropriate means to

provide the widest publicity among the

affected segments of the public. This

will include publication in the Local

Notice to Mariners. Marine information

broadcasts will also be made for these

events beginning 24 to 48 hours before

the event is scheduled to begin.

Facsimile broadcasts may also be made

to notify the public. The Coast Guard

expects that the notice of the activation

of each permanent safety zone in this

rulemaking will normally be made

30380 Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Proposed Rules

between thirty and fourteen days before

the zone is actually activated. Fireworks

barges used in the locations stated in

this rulemaking will also have a sign on

the port and starboard side of the barge

labeled ‘‘FIREWORKS BARGE’’. This

will provide on-scene notice that the

safety zone the fireworks barge is

located in is or will be activated on that

day. This sign will consist of 10′′ high

by 1.5′′ wide red lettering on a white

background. Displays launched from

shore sites will have a sign labeled

‘‘FIREWORKS SITE’’ with the same size

requirements. There will also be a Coast

Guard patrol vessel on scene 30 minutes

before the display is scheduled to start

until 15 minutes after its completion to

enforce each safety zone.

The effective period for each

proposed 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 proposed to provide

for the safety of life on navigable waters

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

Lower New York Bay, the Arthur Kill,

western Long Island Sound, the East

and Hudson Rivers, and Anchorage

Channel 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 and marine

information broadcasts. Facsimile

broadcasts may also be made to notify

the public. Additionally, the Coast

Guard anticipates that there will only be

20–25 total activations of these safety

zones per year.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this 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 the Port of New

York/New Jersey and western Long

Island Sound 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 20 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 and marine information

broadcasts. 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 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.

Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Proposed Rules 30381

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 20 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. Revise § 165.168 to read as follows:

§ 165.168 Safety Zones: New York Harbor,

Western Long Island Sound, East and

Hudson Rivers Fireworks.

(a) New York Harbor. Figure 1

displays the safety zone areas in (a)(1)

through (a)(6).

(1) Liberty Island Safety Zone: All

waters of Upper New York Bay within

a 360-yard radius of the fireworks barge

in approximate position 40°41′16.5′′N

074°02′23′′W (NAD 1983), located in

Federal Anchorage 20–C, about 360

yards east of Liberty Island.

(2) Ellis Island Safety Zone: All waters

of Upper New York Bay within a 360-

yard radius of the fireworks barge

located between Federal Anchorages

20–A and 20–B, in approximate position

40°41′45′′N 074°02′09′′W (NAD 1983),

about 365 yards east of Ellis Island.

(3) South Beach, Staten Island Safety

Zone: All waters of Lower New York

Bay within a 360-yard radius of the

fireworks barge in approximate position

40°35′11′′N 074°03′42′′W (NAD 1983),

about 350 yards east of South Beach,

Staten Island.

(4) Raritan Bay Safety Zone: All

waters of Raritan Bay in the vicinity of

the Raritan River Cutoff and Ward Point

Bend (West) within a 240-yard radius of

the fireworks barge in approximate

position 40°30′04′′N 074°15′35′′W (NAD

1983), about 240 yards east of Raritan

River Cutoff Channel Buoy 2 (LLNR

36595).

(5) Coney Island Safety Zone: All

waters of Lower New York Bay within

a 250-yard radius of the fireworks land

shoot located on the south end of

Steeplechase Pier, Coney Island, in

approximate position 40°34′11′′N

073°59′00′′W (NAD 1983).

(6) Arthur Kill, Elizabeth, New Jersey

Safety Zone: All waters of the Arthur

Kill within a 150-yard radius of the

fireworks land shoot located in

Elizabeth, New Jersey, in approximate

position 40°38′50′′N 074°10′58′′W (NAD

1983), about 675 yards west of Arthur

Kill Channel Buoy 20 (LLNR 36780).

(b) Western Long Island Sound. Figure

2 displays the safety zone areas in (b)(1)

through (b)(9).

(1) Peningo Neck, Western Long

Island Sound Safety Zone: All waters of

western Long Island Sound within a

300-yard radius of the fireworks barge in

approximate position 40°56′21′′N

073°41′23′′W (NAD 1983), about 525

yards east of Milton Point, Peningo

Neck, New York.

(2) Satans Toe, Western Long Island

Sound Safety Zone: All waters of

western Long Island Sound within a

360-yard radius of the fireworks barge in

approximate position 40°55′21′′N

073°43′41′′W (NAD 1983), about 635

yards northeast of Larchmont Harbor

(East Entrance) Light 2 (LLNR 25720).

(3) Larchmont, Western Long Island

Sound Safety Zone: All waters of

western Long Island Sound within a

240-yard radius of the fireworks barge in

approximate position 40°54′45′′N

073°44′55′′W (NAD 1983), about 450

yards southwest of the entrance to

Horseshoe Harbor.

(4) Manursing Island, Western Long

Island Sound Safety Zone: All waters of

western Long Island Sound within a

360-yard radius of the fireworks barge in

approximate position 40°57′47′′N

073°40′06′′W (NAD 1983), about 380

yards north of Rye Beach Transport

Rock Buoy 2 (LLNR 25570).

(5) Glen Island, Western Long Island

Sound Safety Zone: All waters of

western Long Island Sound within a

240-yard radius of the fireworks barge in

approximate position 40°53′12′′N

073°46′33′′W (NAD 1983), about 350

yards east of the northeast corner of

Glen Island, New York.

(6) Twin Island, Western Long Island

Sound Safety Zone: All waters of

western Long Island Sound within a

200-yard radius of the fireworks land

shoot in approximate position

40°52′10′′N 073°47′07′′W (NAD 1983), at

the east end of Orchard Beach, New

York.

(7) Davenport Neck, Western Long

Island Sound Safety Zone: All waters of

western Long Island Sound within a

360-yard radius of the fireworks barge in

Federal Anchorage No. 1–A, in

approximate position 40°53′46′′N

073°46′04′′W (NAD 1983), about 360

yards northwest of Emerald Rock Buoy

(LLNR 25810).

(8) Glen Cove, Hempstead Harbor

Safety Zone: All waters of Hempstead

Harbor within a 360-yard radius of the

fireworks barge in approximate position

40°51′58′′N 073°39′34′′W (NAD 1983),

about 500 yards northeast of Glen Cove

Breakwater Light 5 (LLNR 27065).

(9) Bar Beach, Hempstead Harbor

Safety Zone: All waters of Hempstead

Harbor within a 180-yard radius of the

fireworks barge in approximate position

40°49′50′′N 073°39′12′′W (NAD 1983),

about 190 yards north of Bar Beach,

Hempstead Harbor, New York.

(c) East River. Figure 3 displays the

safety zone areas in (c)(1) through (c)(3).

(1) Pier 14, East River Safety Zone: All

waters of the East River within a 180-

yard radius of the fireworks barge in

approximate position 40°42′07.5′′N

074°00′06′′W (NAD 1983), about 250

yards southeast of Pier 14, Manhattan,

New York.

(2) Hunters Point, East River Safety

Zone: All waters of the East River

within a 300-yard radius of the

fireworks barge in approximate position

40°44′24′′ N 073°58′00′′W (NAD 1983),

about 780 yards south of Belmont

Island.

(3) Wards Island, East River Safety

Zone: All waters of the East River

within a 150-yard radius of the

fireworks land shoot in approximate

position 40°46′55.5′′N 073°55′33′′W

(NAD 1983), about 200 yards northeast

of the Triboro Bridge.

(d) Hudson River. Figure 4 displays

the safety zone areas in (d)(1) through

(d)(7).

(1) Pier 60, Hudson River Safety Zone:

All waters of the Hudson River within

a 360-yard radius of the fireworks barge

in approximate position 40°44′49′′N

074°01′02′′W (NAD 1983), about 500

yards west of Pier 60, Manhattan, New

York.

(2) The Battery, Hudson River Safety

Zone: All waters of the Hudson River

and Anchorage Channel within a 360-

yard radius of the fireworks barge in

approximate position 40°42′00′′N

074°01′17′′W (NAD 1983), about 500

yards south of The Battery, Manhattan,

New York.

(3) Battery Park City, Hudson River

Safety Zone: All waters of the Hudson

River within a 360-yard radius of the

fireworks barge in approximate position

40°42′39′′N 074°01′21′′W (NAD 1983),

about 480 yards southwest of North

Cove Yacht Harbor, Manhattan, New

York.

30382 Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Proposed Rules

(4) Pier 90, Hudson River Safety Zone:

All waters of the Hudson River within

a 300-yard radius of the fireworks barge

in approximate position 40°46′12′′N

074°00′18′′W (NAD 1983), about 425

yards west of the west end of Pier 90,

Manhattan, New York.

(5) Yonkers, New York, Hudson River

Safety Zone: All waters of the Hudson

River within a 360-yard radius of the

fireworks barge in approximate position

40°56′14.5′′N 073°54′33′′W (NAD 1983),

about 475 yards northwest of the

Yonkers Municipal Pier, New York.

(6) Hastings-on-Hudson, New York,

Hudson River Safety Zone: All waters of

the Hudson River within a 360-yard

radius of the fireworks barge in

approximate position 40°59′44.5′′N

073°53′28′′W (NAD 1983), about 425

yards west of Hastings-on-Hudson, New

York.

(7) Pier D, Hudson River Safety Zone:

All waters of the Hudson River within

a 360-yard radius of the fireworks barge

in approximate position 40°42′57.5′′N

074°01′34′′W (NAD 1983), about 375

yards southeast of Pier D, Jersey City,

New Jersey.

(e) Notification. Coast Guard

Activities New York will cause notice of

the activation of these safety zones to be

made by all appropriate means to effect

the widest publicity among the affected

segments of the public, including

publication in the local notice to

mariners, marine information

broadcasts, and facsimile. Fireworks

barges used in these locations will also

have a sign on their port and starboard

side labeled ‘‘FIREWORKS BARGE’’.

This sign will consist of 10’’ high by

1.5’’ wide red lettering on a white

background. Fireworks launched from

shore sites will display a sign labeled

‘‘FIREWORKS SITE’’ with the same

dimensions.

(f) Effective Period. This section is

effective from 8 p.m. e.s.t. to 1 a.m. e.s.t.

each day a barge with a ‘‘FIREWORKS

BARGE’’ sign on the port and starboard

side is on-scene or a ‘‘FIREWORKS

SITE’’ sign is posted in a location listed

in paragraphs (a) through (d) of this

section. Vessels may enter, remain in, or

transit through these safety zones during

this time frame if authorized by the

Captain of the Port New York or

designated Coast Guard patrol personnel

on scene.

(g) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on-scene-patrol personnel.

These personnel comprise

commissioned, warrant, and petty

officers of the Coast Guard. Upon being

hailed by a U.S. Coast Guard vessel by

siren, radio, flashing light, or other

means, the operator of a vessel shall

proceed as directed.

BILLING CODE 4910–15–U

Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Proposed Rules 30383

30384 Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Proposed Rules

Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Proposed Rules 30385

30386 Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Proposed Rules

Dated: May 4, 2000.

L.M. Brooks,

Captain, U.S. Coast Guard, Captain of the

Port, New York Acting.

[FR Doc. 00–11873 Filed 5–10–00; 8:45 am]

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