[Federal Register Volume 65, Number 111 (Thursday, June 8, 2000)]
[Rules and Regulations]
[Pages 36340-36343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14507]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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: This rule is effective June 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 (CGD01-00-005) and are available for inspection or 
copying at Waterways Oversight Branch, room 204, Coast Guard Activities 
New York, 212 Coast Guard Drive, Staten Island, NY between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant M. Day, Waterways Oversight 
Branch, Coast Guard Activities New York (718) 354-4012.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 26, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone: Coast Guard Activities New York Annual 
Fireworks Displays in the Federal Register (65 FR 24436). We received 
no letters commenting on the proposed rule. No public hearing was 
requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. This is due to the following 
reasons: They are locally supported, annual events with minimal impact 
on the waterways, the zones are only in affect for 1\1/2\ hours and 
vessels can be given permission to transit the zones except for about 
45 minutes during this time, the public was additionally notified of 
the NPRM via the First Coast Guard District Local Notice to Mariners 
Number 019, dated May 9, 2000. Additionally, vessel traffic can transit 
around the safety zones with the exception of the locations in Sandy 
Hook Bay and Rondout Creek, vessels will not be precluded from getting 
underway, or mooring at, any piers or marinas currently located in the 
vicinity of the 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 annual displays dating back to 
1997. The display in Highlands, NJ has been held in the same location 
for 5 years and the display in Kingston, NY has been held in the same 
location for 10 years.

Background and Purpose

    The Coast Guard is establishing 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 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.
    The 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 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 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 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 safety zone closes a portion of 
southern Sandy Hook Bay and the Shrewsbury River Channel and will 
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 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 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 
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 
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 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 safety zone prevents

[[Page 36341]]

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.

Yonkers, New York Fireworks, Hudson River

    The 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 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 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 will not be 
precluded from mooring at or getting underway from any piers in the 
vicinity of the safety zone.

Elizabeth, New Jersey July 4th Fireworks, Arthur Kill

    The city of Elizabeth sponsors this annual fireworks display. The 
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 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 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 will not be precluded from mooring at or getting underway from 
any piers in the vicinity of the 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.

Discussion of Comments and Changes

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

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that Order. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11040, February 26, 
1979).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary.
    This finding is based on the minimal time that vessels will be 
restricted from the zones, 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 annual displays dating back to 1997. The display 
in Highlands, NJ has been held in the same location for 5 years and the 
display in Kingston, NY has been held in the same location 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 will 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 will not be 
precluded from getting underway, or mooring at, any piers or marinas 
currently located in the vicinity of the 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 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 rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which might 
be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of Sandy Hook Bay, Rondout Creek, 
Hempstead Harbor, the Arthur Kill, and the Hudson River during the 
times these zones are activated.
    These safety zones will not have a significant economic impact on a 
substantial number of small entities for the following reasons: Vessel 
traffic can transit around the safety zones with the exception of the 
locations in Sandy Hook Bay and Rondout Creek. Vessels will not be 
precluded from getting underway, or mooring at, any piers or marinas 
currently located in the vicinity of the safety zones with the 
exception of the locations in Sandy Hook Bay and

[[Page 36342]]

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 
Kingston, NY for 10 years. There are no commercial marine facilities 
that will 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.

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. However, 
we received no requests for assistance from 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 1-800-REG-FAIR 
(1-888-734-3247).

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

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

Protection of Children

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

Environment

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

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    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene-patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.

    Dated: May 30, 2000.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 00-14507 Filed 6-7-00; 8:45 am]
BILLING CODE 4910-15-U