[Federal Register Volume 65, Number 109 (Tuesday, June 6, 2000)]
[Rules and Regulations]
[Pages 35827-35832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14111]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-009]
RIN 2115-AA97


Safety Zone: OPSAIL 2000 Fireworks Displays and Search and Rescue 
Demonstrations, Port of New York/New Jersey

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing four temporary safety zones 
for fireworks displays located on New York Harbor, the East River, and 
Hudson River, and one temporary safety zone for Search and Rescue 
demonstrations on the Hudson River. This action is necessary to provide 
for the safety of life on navigable waters during the events. It will 
restrict traffic in portions of New York Harbor, the East and Hudson 
River.

DATES: This rule is effective from 6:30 p.m. on July 4, 2000 until 6 
p.m. on July 8, 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 (CGD01-00-009) and are available for inspection or 
copying at Waterways Oversight Branch (CGD01-00-009), Coast Guard 
Activities New York, 212 Coast Guard Drive, room 204, Staten Island, 
New York, 10305 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 May 17, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone: OPSAIL 2000 Fireworks Displays and Search 
and Rescue Demonstrations, Port of New

[[Page 35828]]

York/New Jersey in the Federal Register (65 FR 31293). 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 four temporary safety zones for 
fireworks displays, and one temporary safety zone for Search and Rescue 
demonstrations being held in conjunction with OPSAIL 2000.

Macy's/OPSAIL 2000 Fireworks

    The Coast Guard is establishing four temporary safety zones for the 
Macy's/OPSAIL 2000 fireworks display in New York Harbor, the East 
River, and Hudson River, on July 4, 2000. The first safety zone 
includes all waters of the East River east of a line drawn from the 
Fireboat Station Pier, Battery Park City, in approximate position 
40 deg.42'15.5"N 074 deg.01'07" W (NAD 1983) to Governors Island Light 
(2) (LLNR 35010), in approximate position 40 deg.41'34.5"N 
074 deg.01'11" W (NAD 1983); north of a line drawn from Governors 
Island, in approximate position 40 deg.41'25.3"N 074 deg.00'42.5"W (NAD 
1983) to the southwest corner of Pier 9A, Brooklyn; south of a line 
drawn through the southern point of Roosevelt Island from East 47th 
Street, Manhattan to 46 Road, Brooklyn, and all waters of Newtown Creek 
west of the Pulaski Bascule Bridge.
    Vessels equal to or greater than 20 meters (65.6 feet) in length, 
carrying persons for the purpose of viewing the fireworks, may take 
position in an area inside the safety zone at least 200 yards off the 
bulkhead on the west bank and just off the pierhead faces on the east 
bank of the East River between the Williamsburg Bridge and a line drawn 
through the East River Main Channel Lighted Buoy 18 (LLNR 27335), to a 
point on the Brooklyn shore at North 9th Street. All vessels must be in 
this location by 6:30 p.m. (e.s.t.) on July 4, 2000.
    Once in position within the zone, all vessels must remain in 
position until released by the Captain of the Port, New York. On-scene-
patrol personnel will monitor the number of designated vessels taking 
position in the viewing area of the zone. If it becomes apparent that 
any additional spectator vessels in the viewing area will create a 
safety hazard, the patrol commander may prevent additional vessels from 
entering it. After the event has concluded and the fireworks barges 
have safely relocated outside of the main channel, vessels will be 
allowed to depart the viewing area as directed by the patrol commander.
    We created the viewing area within this safety zone in order to 
reduce significant safety hazards in this area of the East River, due 
in great part, to the extremely strong currents. Based on experience 
from similar events in this area of the East River, we are concerned 
that smaller spectator craft located in between the two fireworks barge 
sites could drift into the fallout zone of either barge site. 
Additionally, experience from previous events has also shown that 
having large and small craft located in a confined area presents safety 
hazards for both sized vessels due to vessel wake, anchor swing radii, 
and restricted visibility of larger vessels in a confined area.
    One safety zone is required for this large section of the East 
River because the Coast Guard has a limited amount of assets available 
to patrol this event of national significance. If we made this zone 
into two zones, we could not adequately enforce the boundaries of both 
zones, and the safety of the port and the mariners would be 
unacceptably compromised because of the two nearby fireworks barge 
locations in a confined waterway with significant currents.
    The Staten Island Ferries may continue services to their ferry slip 
at Whitehall Street, The Battery, Manhattan, New York. Continuing ferry 
services in the southwestern portion of the safety zone will not create 
a hazard nor be threatened by the fireworks display because Vessel 
Traffic Services New York will monitor and control the transits of 
these ferries. Failure to allow these continued ferry services will 
have a negative impact on residents of Staten Island, New York, and 
those persons traveling to and from Manhattan at the end of the holiday 
weekend.
    The second safety zone includes all waters of the Hudson River 
north of a line drawn from the southwest corner of Pier 94, Manhattan, 
to 40 deg.46'31.3"N, 074 deg.00'37.9"W (NAD 1983) onshore in Weehawken, 
NJ, and south of a line drawn from the northeast corner of Pier D, 
Weehawken, NJ, to the northwest corner of the northern pier of the West 
30th Street Heliport in Manhattan.
    The third safety zone includes all waters of Upper New York Bay, 
east of Liberty Island, bound by the following points: 40 deg.41'33.2"N 
074 deg.02'24.4"W; 40 deg.41'11.3"N 074 deg.02'44.4"W; 40 deg.41'02.1"N 
074 deg.02'25.1"W; 40 deg.41'09.1"N 074 deg.02'10.2"W; 40 deg.41'25.6"N 
074 deg.02'09.6"W (NAD 1983); thence to the point of beginning.
    The fourth safety zone includes all waters of Anchorage Channel, 
Upper New York Bay, bound by the following points: 40 deg.38'12.4"N 
074 deg.03'05.6"W; 40 deg.38'01.5"N 074 deg.03'00.7"W; 40 deg.37'21.0"N 
074 deg.02'50.0"W; 40 deg.37'15.6"N 074 deg.03'16.6"W; 40 deg.38'08.3"N 
074 deg.03'37.4"W (NAD 1983); thence to the point of beginning.
    The safety zones will be enforced from 6:30 p.m. (e.s.t.) until 
11:30 p.m. (e.s.t.) on July 4, 2000. If the event is cancelled due to 
inclement weather, then this section will be enforced from 6:30 p.m. 
(e.s.t) until 11:30 p.m. (e.s.t.) on July 5, 2000. The safety zones 
prevent vessels from transiting these portions of Upper New York Bay, 
the East River and the Hudson River, and is needed to protect boaters 
from the hazards associated with fireworks launched from 13 separate 
barges in the area. No vessel may enter the safety zones without 
permission of the Captain of the Port, New York.
    These safety zones cover the minimum area needed and impose the 
minimum restrictions necessary to ensure the protection of all vessels 
and the fireworks handlers aboard the barges.
    Public notifications will be made prior to the event via Local 
Notice to Mariners, marine information broadcasts, facsimile, OPSAIL 
Inc.'s website, and Macy's waterways telephone ``hotline'' at 212-494-
5247.

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Search and Rescue Demonstrations

    The Coast Guard is also establishing a temporary safety zone for 
the OPSAIL Search and Rescue demonstrations held on and over the Hudson 
River between Piers 83 and 90. This safety zone includes all waters of 
the Hudson River bound by the following points: from the southeast 
corner of Pier 90, Manhattan, where it intersects the seawall, west to 
approximate position 40 deg.46'10"N, 074 deg.00'13"W (NAD 1983), south 
to approximate position 40 deg.45'54"N, 074 deg.00'25"W (NAD 1983), 
then east to the northeast corner of Pier 83 where it intersects the 
seawall. This safety zone will be enforced from 12 p.m. (e.s.t.) until 
6 p.m. (e.s.t.), Thursday, July 6, through Saturday, July 8, 2000. It 
is needed to protect boaters and demonstration participants from the 
hazards associated with United States Military personnel demonstrating 
the capabilities of aircraft and watercraft in a confined area of the 
Hudson River. This safety zone prevents vessels from transiting only a 
portion of the Hudson River. Marine traffic will still be able to 
transit through the western 600 yards of the 950-yard wide Hudson River 
during the Search and Rescue demonstrations. Vessels moored at piers 
within the safety zone; however, will not be allowed to transit from 
their moorings without permission from the Captain of the Port, New 
York, during the effective periods of the safety zone. The Captain of 
the Port does not anticipate any negative impact on recreational or 
commercial vessel traffic due to this safety zone.
    Public notifications will be made prior to the Search and Rescue 
Demonstrations via Local Notice to Mariners, marine information 
broadcasts, facsimile, and OPSAIL Inc.'s website.

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.
    Although this regulation prevents traffic from transiting a portion 
of New York Harbor, the Hudson River, and East River, the effect of 
this regulation will not be significant for the following reasons: the 
limited duration that the regulated areas will be in effect and the 
extensive advance notifications that will be made to the maritime 
community via the Local Notice to Mariners, facsimile, marine 
information broadcasts, the sponsor's website and phone hotline, New 
York Harbor Operations Committee meetings, public meetings for maritime 
groups, and New York area newspapers, so mariners can adjust their 
plans accordingly. At no time will commercial shipping access to Port 
Newark/Port Elizabeth facilities be prohibited. Access to those areas 
may be accomplished using Raritan Bay, Arthur Kill, Kill Van Kull, and 
Newark Bay as an alternate route. This will allow the majority of the 
maritime industrial activity in the Port of New York/New Jersey to 
continue, relatively unaffected. Similar regulated areas were 
established for the 1986 and 1992 OPSAIL events, the annual Macy's July 
4th fireworks display, and the annual Fleet Week Sea and Air 
demonstrations. Based upon the Coast Guard's experiences learned from 
these previous events of a similar magnitude, these regulations have 
been narrowly tailored to impose the least impact on maritime interests 
yet provide the level of safety deemed necessary.
    The sizes of the fireworks safety zones were determined using 
National Fire Protection Association and New York City Fire Department 
standards for 10-12 inch mortars fired from a barge, 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 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.
    For the reasons discussed in the Regulatory Evaluation section 
above, 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 will affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit or anchor in portions of Lower and Upper New York 
Bay, the Hudson River, and East River during various times from July 4-
8, 2000. These regulations will not have a significant economic impact 
on a substantial number of small entities for the following reasons: 
although these regulations will apply to a substantial portion of the 
Port of New York/New Jersey, designated areas for viewing the Fourth of 
July Fireworks are being established to allow for maximum use of the 
waterways by commercial tour boats that usually operate in the affected 
areas. Maritime traffic will also be able to transit around the areas 
where the Search and Rescue demonstrations are being held. Before the 
effective period, the Coast Guard will make notifications to the public 
via mailings, facsimiles, the Local Notice to Mariners and use of the 
sponsors Internet site. The Coast Guard is also holding public meetings 
with maritime groups to explain the schedule of events and approved 
spectator craft viewing areas. In addition, the sponsoring 
organization, OPSAIL Inc., is planning to publish information of the 
event in local newspapers, pamphlets, and television and radio 
broadcasts.

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. We 
provided explanations of the effect of these regulations on the Port of 
New York/New Jersey to approximately 18 small entities.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agricultural Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork

[[Page 35831]]

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 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 five 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. Add temporary Sec. 165.T01-009 to read as follows:


Sec. 165.T01-009  Safety Zones: OPSAIL 2000 Fireworks Displays, and 
Search and Rescue Demonstrations, Port of New York/New Jersey.

    (a) Safety Zones Locations and Enforcement Periods.
    (1) East River Fireworks Safety Zone. All waters of the East River 
east of a line drawn from the Fireboat Station Pier, Battery Park City, 
in approximate position 40 deg.42'15.5"N 074 deg.01'07"W (NAD 1983) to 
Governors Island Light (2) (LLNR 35010), in approximate position 
40 deg.41'34.5"N 074 deg.01'11"W (NAD 1983); north of a line drawn from 
Governors Island, in approximate position 40 deg.41'25.3"N 
074 deg.00'42.5"W (NAD 1983) to the southwest corner of Pier 9A, 
Brooklyn; south of a line drawn through the southern point of Roosevelt 
Island from East 47th street, Manhattan to 46 Road, Brooklyn, and all 
waters of Newtown Creek west of the Pulaski Bascule Bridge.
    (2) Hudson River Fireworks Safety Zone. All waters of the Hudson 
River north of a line drawn from the southwest corner of Pier 94, 
Manhattan, to 40 deg.46'31.3"N, 074 deg.00'37.9"W (NAD 1983) onshore in 
Weehawken, NJ, and south of a line drawn from the northeast corner of 
Pier D, Weehawken, NJ, to the northwest corner of the northern pier of 
the West 30th Street Heliport in Manhattan.
    (3) Liberty Island Fireworks Safety Zone. All waters of Upper New 
York Bay, east of Liberty Island, bound by the following points: 
40 deg.41'33.2"N 074 deg.02'24.4"W; 40 deg.41'11.3"N 074 deg.02'44.4"W; 
40 deg.41'02.1"N 074 deg.02'25.1"W; 40 deg.41'09.1"N 074 deg.02'10.2"W; 
40 deg.41'25.6"N 074 deg.02'09.6"W (NAD 1983); thence to the point of 
beginning.
    (4) Anchorage Channel Fireworks Safety Zone. All waters of 
Anchorage Channel, Upper New York Bay, bound by the following points: 
40 deg.38'12.4"N 074 deg.03'05.6"W; 40 deg.38'01.5"N 074 deg.03'00.7"W; 
40 deg.37'21.0"N 074 deg.02'50.0"W; 40 deg.37'15.6"N 074 deg.03'16.6"W; 
40 deg.38'08.3"N 074 deg.03'37.4"W (NAD 1983); thence to the point of 
beginning.
    (5) Search and Rescue Demonstrations Safety Zone. All waters of 
Hudson River bound by the following points: from the southeast corner 
of Pier 90, Manhattan, where it intersects the seawall, west to 
approximate position 40 deg.46'10"N, 074 deg.00'13"W (NAD 1983), south 
to approximate position 40 deg.45'54"N, 074 deg.00'25"W (NAD 1983), 
then east to the northeast corner of Pier 83 where it intersects the 
seawall.
    (6) Enforcement period. Paragraphs (a)(1) through (a)(4) will be 
enforced from 6:30 p.m. (e.s.t.) until 11:30 p.m. (e.s.t.) on Tuesday, 
July 4, 2000. If the event is cancelled due to inclement weather, then 
paragraphs (a)(1) through (a)(4) will be enforced from 6:30 p.m. 
(e.s.t.) to 11:30 p.m. (e.s.t.) on Wednesday, July 5, 2000.
    (7) Enforcement period. Paragraph (a)(5) will be enforced daily 
from 12 p.m. (e.s.t.) until 6 p.m. (e.s.t.) from Thursday, July 6, 
through Saturday, July 8, 2000.
    (b) Effective period. This section is effective from 6:30 p.m. 
(e.s.t.) on July 4, 2000, until 6 p.m. (e.s.t.) on July 8, 2000.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) No vessels will be allowed to transit the safety zone without 
the permission of the Captain of the Port, New York.
    (3) 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.
    (4) Vessels may remain in the safety zone described in paragraph 
(a)(1) for the purpose of viewing the event in accordance with the 
following pre-established viewing area: Vessels equal to or greater 
than 20 meters (65.6 feet) in length, carrying persons for the purpose 
of viewing the fireworks, may take position in an area at least 200 
yards off the bulkhead on the west bank and just off the pierhead faces 
on the east bank of the East River between the Williamsburg Bridge and 
a line drawn through the East River Main Channel Lighted Buoy 18 (LLNR 
27335), to a point on the Brooklyn shore at North 9th Street. All 
vessels must be positioned in this viewing area within the safety zone 
by 6:30 p.m. (e.s.t.) on July 4, 2000.


[[Page 35832]]


    Dated: June 1, 2000.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 00-14111 Filed 6-1-00; 4:28 pm]
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