[Federal Register Volume 65, Number 213 (Thursday, November 2, 2000)]
[Proposed Rules]
[Pages 65814-65818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28059]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-227]
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 12 permanent safety 
zones for annual fireworks displays located in the Port of New York/New 
Jersey. 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 the affected waterways.

DATES: Comments and related material must reach the Coast Guard on or 
before December 18, 2000.

ADDRESSES: You may mail comments and related material to Waterways 
Oversight Branch (CGD01-00-227), Coast Guard Activities New York, 212 
Coast Guard Drive, room 204, 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 204, Coast Guard 
Activities New York, 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:

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-
227), 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. 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 twelve permanent safety 
zones, in eight separate locations, that will be activated for 
fireworks displays occurring at the same location and time on an annual 
basis. The eight proposed locations are north of Bar Beach in Hempstead 
Harbor; Pier 14, Manhattan, in the East River; Highlands, NJ on Sandy 
Hook Bay; Kingston, NY on Rondout Creek; Tottenville, Staten Island, in 
the Arthur Kill; Red Bank, NJ on the Navesink River; the Burlington Bay 
Breakwater, VT; and Rensselaer, NY on the Hudson River. There are four 
annual fireworks displays at the proposed location off Pier 14 in the 
East River and two annual displays at the proposed location in 
Hempstead Harbor. 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 Coast Guard proposes to revise 33 CFR 165.161 by adding six new 
locations, revising the effective dates for two current locations, and 
removing three locations from the section because they are now 
permanent fireworks safety zones regulated by 33 CFR 165.168. The two 
current locations with revised effective dates are Highlands, NJ, and 
Kingston, NY. The three locations that are being removed are Glen Cove, 
NY, Yonkers, NY, and Elizabeth, NJ.
    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, combined with the 
Coast Guard's knowledge of tide and current conditions in these areas. 
The twelve proposed safety zones are:

North Hempstead, NY Fireworks, Hempstead Harbor

    The proposed safety zone includes all waters of Hempstead Harbor 
within a 300-yard radius of the fireworks barge in approximate position 
40 deg.49'54"N 073 deg.39'14"W (NAD 1983), about 360 yards north of Bar 
Beach, Hempstead Harbor. There are two annual fireworks displays in 
Hempstead Harbor. Aside from being on different days, the proposed 
safety zone for each display is the same. The proposed safety zone is 
effective annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the 
Friday before Memorial Day and the Saturday after Labor Day. If the 
event is cancelled due to inclement weather, then this proposed safety 
zone is effective from 8 p.m. (e.s.t.) until 1 a.m. (e.s.t.) on the 
Saturday before Memorial Day and the Sunday after Labor Day. The 
proposed safety zone closes a portion of southern Hempstead Harbor and 
would prevent marine traffic from transiting a portion of this area. 
Vessel traffic will be able to transit through the northern 6,000 yards 
of Hempstead Harbor as this location is in the extreme southern end of 
Hempstead Harbor. It is needed to protect boaters from the hazards 
associated with fireworks launched from a barge in the area.

[[Page 65815]]

Seaport Memorial Day, Labor Day, New Year's Eve, and the Deepavali 
Festival Fireworks, East River

    The proposed safety zone includes all waters of the East River 
south of the Brooklyn Bridge and north of a line drawn from the 
southwest corner of Pier 3, Brooklyn, to the northeast corner of Pier 
6, Manhattan. There are four annual fireworks displays in the East 
River. Aside from being on different days and at different times, the 
proposed safety zone for each display is the same. The proposed safety 
zone is effective annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on 
Memorial Day, Labor Day, and New Year's Eve; and from 6 p.m. (e.s.t.) 
to 1 a.m. (e.s.t.) on the first Sunday in October. If the event is 
cancelled due to inclement weather, then this proposed safety zone is 
effective from 8 p.m. (e.s.t.) until 1 a.m. (e.s.t.) on the day 
following Memorial Day, Labor Day, and New Year's Eve; and from 6 p.m. 
(e.s.t.) until 1 a.m. (e.s.t.) on the first Monday in October. The 
proposed safety zone closes a portion of the East River and would 
prevent marine traffic from transiting this area. It is needed to 
protect boaters from the hazards associated with fireworks launched 
from a barge in the area.

Highlands, NJ Fireworks, Sandy Hook Bay

    The proposed safety zone includes all waters of Sandy Hook Bay 
within a 150-yard radius of the fireworks barge in approximate position 
40 deg.24'33.8"N 073 deg.59'46.2"W (NAD 1983), about 1,200 yards west 
of Plum Island. The proposed safety zone is effective annually from 8 
p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday before Father's Day. 
If the event is cancelled due to inclement weather, then this proposed 
safety zone is effective from 8 p.m. (e.s.t.) until 1 a.m. (e.s.t.) on 
Father's Day. The proposed safety zone closes a portion of Sandy Hook 
Bay and the Shrewsbury River, and would prevent marine traffic from 
transiting a portion of this area. It is needed to protect boaters from 
the hazards associated with fireworks launched from a barge in the 
area.

Kingston, NY Fireworks, Rondout Creek

    The proposed safety zone 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 safety zone is effective annually from 8 
p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday and Sunday before July 
4th. 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.

Staten Island Fireworks, Arthur Kill

    The proposed safety zone in the Arthur Kill includes all waters of 
the Arthur Kill, Ward Point Bend (West), and the Raritan River Cutoff, 
within a 300-yard radius of the fireworks barge in approximate position 
40 deg.30'18"N 074 deg.15'30"W (NAD 1983), about 300 yards west of 
Conference House Park, Staten Island. The proposed safety zone is 
effective annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd 
and the Saturday before Labor Day. If the event is cancelled due to 
inclement weather, then this proposed safety zone is effective from 8 
p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 4th and 5th, and the Sunday 
and Monday of Labor Day weekend. The proposed safety zone prevents 
vessels from transiting a portion of the Arthur Kill, Ward Point Bend 
(West), and the Raritan River Cutoff, and is needed to protect boaters 
from the hazards associated with fireworks launched from a barge in the 
area. Recreational vessels will still be able to transit through the 
western 50 yards of the 540-yard wide Arthur Kill during the event. 
Additionally, vessels are not precluded from getting underway, or 
mooring at, public or private facilities in Perth Amboy, NJ, in the 
vicinity of this zone.

Red Bank, NJ July 3rd Fireworks, Navesink River

    The proposed safety zone northwest of Red Bank includes all waters 
of the Navesink River within a 360-yard radius of the fireworks barge 
in approximate position 40 deg.21'20"N 074 deg.04'10"W (NAD 1983), 
about 360 yards northwest of Red Bank, NJ. The proposed safety zone is 
effective annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. 
If the event is cancelled due to inclement weather, then this proposed 
safety zone is effective from 8 p.m. (e.s.t.) until 1 a.m. (e.s.t.) on 
July 4th. The proposed safety zone prevents vessels from transiting a 
portion of the Navesink River and is needed to protect boaters from the 
hazards associated with fireworks launched from a barge in the area.

Burlington, VT July 3rd Fireworks, Burlington Bay

    The proposed safety zone includes all waters of Burlington Bay 
within a 300-yard radius of the fireworks barge in approximate position 
44 deg.28'30.6"N 073 deg.13'31.3"W (NAD 1983), beside the Burlington 
Bay Breakwater. The proposed safety zone is effective annually from 8 
p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If the event is cancelled 
due to inclement weather, then this proposed safety zone is effective 
from 8 p.m. (e.s.t.) until 1 a.m. (e.s.t.) on the following two Fridays 
and Saturdays. The proposed safety zone prevents vessels form 
transiting a portion of Burlington Bay, and is needed to protect 
boaters from the hazards associated with fireworks launched from a 
barge in the area.

Rensselaer, NY Fireworks, Hudson River

    The proposed safety zone includes all waters of the Hudson River 
within a 180-yard radius of the fireworks barge in approximate position 
42 deg.38'23"N 073 deg.44'59.1"W (NAD 1983), about 480 yards south of 
the Dunn Memorial Bridge (mile 145.4). The proposed safety zone is 
effective annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first 
and second Saturday in August. If the event is cancelled due to 
inclement weather, then this proposed safety zone is effective from 8 
p.m. (e.s.t.) until 1 a.m. (e.s.t.) on the first and second Sunday in 
August. 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.
    The effective period for each proposed safety zone is from 8 p.m. 
(e.s.t.) to 1 a.m. (e.s.t.), except for the proposed safety zone off 
Pier 14 in the East River on the first Sunday in October which is 
effective from 6 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. These 
proposed safety zones would not create a significant economic impact on 
marine traffic due to the following: 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. All of the displays take place late at 
night on a national holiday with the exceptions of Highlands, NJ, 
Rensselaer, NY, and the Deepavali Festival Fireworks. The Coast Guard 
has promulgated safety zones for

[[Page 65816]]

fireworks displays at all 8 areas in the past and we have not received 
notice of any negative comments on these annual displays. Additionally, 
marine traffic can plan their transits through these areas around the 
time the safety zones are in effect. The marine community will have 
advance notice of these events as they are annual events with local 
community support. The Sandy Hook and Hudson River Pilots Associations 
will be notified prior to these events. Advance notifications will also 
be made to the local maritime community by the Local Notice to 
Mariners. Marine information and facsimile broadcasts may also be made.
    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, vessels will be able to transit through 
these safety zones except for the 45-minute period that a Coast Guard 
patrol vessel is present, and all of the zones are in areas where the 
Coast Guard expects insignificant adverse impact on all mariners from 
the zones' activation. All of the displays take place late at night on 
a national holiday with the exceptions of Highlands, NJ, Rensselaer, 
NY, and the Deepavali Festival Fireworks. The Coast Guard has 
promulgated safety zones for fireworks displays at all 8 areas in the 
past and we have not received notice of any negative comments on these 
annual displays. Additionally, marine traffic can plan their transits 
through these areas around the time the safety zones are in effect. The 
marine community will have advance notice of these events as they are 
annual events with local community support. The Sandy Hook and Hudson 
River Pilots Associations will also be notified prior to these events. 
Advance notifications will also be made to the local maritime community 
by the Local Notice to Mariners. Marine information and facsimile 
broadcasts may also be made.

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 portion of: Hempstead Harbor, the 
East River, Sandy Hook Bay, Rondout Creek, the Arthur Kill, the 
Navesink River, Burlington Bay, 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: 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. Before the effective period, we would 
issue maritime advisories widely available to users of the Port of New 
York/New Jersey by the Local Notice to Mariners. Marine information and 
facsimile broadcasts may also be made. Additionally, the Coast Guard 
has not received any negative reports from small entities affected by 
these displays during these displays in previous years.
    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 M. Day, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 345-4012.

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 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 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 Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed 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

    We considered the environmental impact of this proposed rule and

[[Page 65817]]

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 12 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 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) North Hempstead, NY Fireworks, Hempsteaad Harbor:
    (i) Location. All waters of Hempstead Harbor within a 300-yard 
radius of the fireworks barge in approximate position 40 deg.49'54"N 
073 deg.39'14"W (NAD 1983), about 360 yards north of Bar Beach, 
Hempstead Harbor.
    (ii) Effective period. Paragraph (a)(1)(i) is in effect annually 
from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Friday before Memorial 
Day, and the Saturday after Labor Day. If the event is cancelled due to 
inclement weather, then paragraph (a)(1)(i) is effective from 8 p.m. 
(e.s.t.) until 1 a.m. (e.s.t.) on the Saturday before Memorial Day and 
the Sunday after Labor Day.
    (2) Seaport Memorial Day Fireworks, East River, NY:
    (i) Location. All waters of the East River south of the Brooklyn 
Bridge and north of a line drawn from the southwest corner of Pier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(2)(i) is in effect annually 
from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on Memorial Day. If the event 
is cancelled due to inclement weather, then paragraph (a)(2)(i) is 
effective from 8 p.m. (e.s.t.) until 1 a.m. (e.s.t.) on the day 
following Memorial Day.
    (3) Highlands, NJ Fireworks, 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.24'33.8"N 
073 deg.59'46.2"W (NAD 1983), about 1,200 yards west of Plum Island.
    (ii) Effective period. Paragraph (a)(3)(i) is in effect annually 
from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday before Father's 
Day. If the event is cancelled due to inclement weather, then paragraph 
(a)(3)(i) is effective from 8 p.m. (e.s.t.) until 1 a.m. (e.s.t.) on 
Father's Day.
    (4) Kingston, NY Fireworks, Rondout Creek:
    (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)(4)(i) is in effect annually 
from 8 p.m. (e.s.t.) to 1 a.m. (e.,s.t.) on the Saturday and Sunday 
before July 4th.
    (5) Staten Island July 3rd Fireworks, Arthur Kill:
    (i) Location: All waters of the Arthur Kill, Ward Point Bend 
(West), and the Raritan River Cutoff, within a 300-yard radius of the 
fireworks barge in approximate position 40 deg.30'18"N 074 deg.15'30"W 
(NAD 1983), about 300 yards west of Conference House Park, Staten 
Island.
    (ii) Effective period. Paragraph (a)(5)(i) is in effect annually 
from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If the event is 
cancelled due to inclement weather, than paragraph (a)(5)(i) is 
effective from 8 p.m. (e.s.t.) until 1 a.m. (e.s.t.) on July 4th and 
July 5th.
    (6) Red Bank, NJ July 3rd Fireworks, Navesink River:
    (i) Location. All waters of the Navesink River within a 360-yard 
radius of the fireworks barge in approximate position 40 deg.21'20"N 
074 deg.04'10"W (NAD 1983), about 360 yards northwest of Red Bank, NJ.
    (ii) Effective period. Paragraph (a)(6)(i) is in effect annually 
from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If the event is 
cancelled due to inclement weather, then paragraph (a)(6)(i) is 
effective from 8 p.m. (e.s.t.) until 1 a.m. (e.s.t.) on July 4th.
    (7) Burlington, VT July 3rd Fireworks, Burlington Bay:
    (i) Location: All waters of Burlington Bay within a 300-yard radius 
of the fireworks barge in approximate position 44 deg.28'30.6"N 
073 deg.13'31.3"W (NAD 1983), beside the Burlington Bay Breakwater.
    (ii) Effective period. Paragraph (a)(7)(i) is in effect annually 
from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If the event is 
cancelled due to inclement weather, then paragraph (a)(7)(i) is 
effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the following two 
Fridays and Saturdays.
    (8) Rensselaer, NY Fireworks, Hudson River:
    (i) Location. All waters of the Hudson River within a 180-yard 
radius of the fireworks barge in approximate position 42 deg.38'23"N 
073 deg.44'59.1"W (NAD 1983), about 480 yards south of the Dunn 
Memorial Bridge (mile 145.4).
    (ii) Effective period. Paragraph (a)(8)(i) is in effect annually 
from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first and second 
Saturday in August. If the event is cancelled due to inclement weather, 
then paragraph (a)(8)(i) is effective from 8 p.m. (e.s.t.) to 1 a.m. 
(e.s.t.) on the first and second Sunday in August.
    (9) Staten Island Labor Day Fireworks, Arthur Kill:
    (i) Location. All waters of the Arthur Kill, Ward Point Bend 
(West), and the Raritan River Cutoff, within a 300-yard radius of the 
fireworks barge in approximate position 40 deg.30'18"N 074 deg.15'30"W 
(NAD 1983), about 300 yards west of Conference House Park, Staten 
Island.
    (ii) Effective period. Paragraph (a)(9)(i) is in effect annually 
from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday before Labor 
Day. If the event is cancelled due to inclement weather, then paragraph 
(a)(9)(i) is effective from 8 p.m. (e.s.t.) until 1 a.m. (e.s.t.) on 
the Sunday and Monday of Labor Day Weekend.
    (10) Seaport Labor Day Fireworks, East River, NY:
    (i) Location: All waters of the East River south of the Brooklyn 
Bridge and north of a line drawn from the southwest corner of Pier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(10)(i) is in effect annually 
from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on Labor Day. If the event is 
cancelled due to inclement weather, then paragraph (a)(10)(i) is 
effective from 8 p.m. (e.s.t.) until 1 a.m. (e.s.t.) on the day 
following Labor Day.
    (11) Deepavali Festival Fireworks, East River, NY:
    (i) Location: All waters of the East River south of the Brooklyn 
Bridge and north of a line drawn from the southwest corner of Pier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(11)(i) is in effect annually 
from 6 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first Sunday in October. 
If the event is cancelled due to inclement weather, then paragraph 
(a)(11)(i) is effective

[[Page 65818]]

from 6 p.m. (e.s.t.) until 1 a.m. (e.s.t.) on the first Monday in 
October.
    (12) Seaport New Year's Eve Fireworks, East River, NY:
    (i) Location: All waters of the East River south of the Brooklyn 
Bridge and north of a line drawn from the southwest corner of Pier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(2)(i) is in effect annually 
from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on New Year's Eve. If the event 
is cancelled due to inclement weather, then paragraph (a)(12)(i) is 
effective from 8 p.m. (e.s.t.) until 1 a.m. (e.s.t.) on the day 
following New Year's Eve.
    (b) Regulations. The general regulations contained in 33 CFR 165.23 
apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene-patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.

    Dated: October 24, 2000.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 00-28059 Filed 11-1-00; 8:45 am]
BILLING CODE 4910-15-M