65814 Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Proposed Rules

resultant safety concerns, whenever the

marine casualty involves, or results in—

(1) Material damage affecting the

seaworthiness or efficiency of the

vessel; or

(2) An occurrence involving

significant harm to the environment as

a result of a discharge, or probable

discharge, resulting from damage to the

vessel or its equipment. The factors you

must consider to determine whether a

discharge is probable include, but are

not limited to—

(i) Ship location and proximity to

land or other navigational hazards;

(ii) Weather;

(iii) Tide current;

(iv) Sea state;

(v) Traffic density;

(vi) The nature of damage to the

vessel; and

(vii) Failure or breakdown aboard the

vessel, its machinery, or equipment.

Dated: October 24, 2000.

Joseph J. Angelo,

Acting Assistant Commandant for Marine

Safety and Environmental Protection.

[FR Doc. 00–27943 Filed 11–1–00; 8:45 am]

BILLING CODE 4910–15–U

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.

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 81⁄2 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°49′54′′N

073°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.

Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Proposed Rules 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°24′33.8′′N

073°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°30′18′′N

074°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°21′20′′N 074°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°28′30.6′′N

073°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°38′23′′N

073°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

65816 Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Proposed Rules

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

Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Proposed Rules 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 § 165.161 to read as follows:

§ 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°49′54′′N 073°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°24′33.8′′N 073°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°30′18′′N

074°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°21′20′′N 074°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°28′30.6′′N 073°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°38′23′′N 073°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°30′18′′N

074°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

65818 Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Proposed Rules

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

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[FRL–6895–1]

Supplemental Information To Support

Proposed Approvals of One-Hour

Ozone Attainment Demonstrations for

Serious Ozone Nonattainment Areas

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of availability and

extension of comment period.

SUMMARY: On October 16, 2000 (65 FR

61134), EPA published a notice of

availability and reopening of comment

period to provide the public with the

opportunity to comment on a reasonably

available control measures (RACM)

analysis that EPA performed. This

analysis was done for the following

serious ozone nonattainment areas:

Greater Connecticut, New York-New

Jersey-Connecticut; Springfield,

Massachusetts; Washington, DCVirginia-Maryland; and Atlanta,

Georgia. That action was taken to

supplement the proposed rules that EPA

took on those areas’ State

implementation plans (SIPs) on

December 16, 1999 (Greater Connecticut

(64 FR 70332); Springfield (64 FR

70319); Metropolitan Washington (64

FR 70460) and Atlanta (64 FR 70478).

By this action, EPA is extending the

comment period 15 additional days to

give the public a total of 30 days to

review this analysis and submit public

comments to EPA.

DATES: The EPA is extending the

comment period until November 15,

2001. All comments should be sent to

the appropriate regional office as listed

below by that date.

ADDRESSES: Written comments on the

Greater Connecticut and Springfield

SIPs should be sent (in duplicate if

possible) to: David B. Conroy, EPA

Region I (New England) Office, One

Congress Street, Suite 1100–CAQ,

Boston, Massachusetts 02114–2023.

Copies of the Connecticut and

Massachusetts State submittals and

EPA’s technical support document are

available for public inspection during

normal business hours at the following

address: U.S. Environmental Protection

Agency, Region 1 (New England), One

Congress St., 11th Floor, Boston,

Massachusetts, telephone (617) 918–

1664. Please telephone in advance

before visiting.

Written comments on the

Washington, DC-Virginia-Maryland

submittals should be submitted (in

duplicate if possible) to: David L.

Arnold, Chief, Ozone and Mobile

Sources Branch, Mailcode 3AP21, U.S.

Environmental Protection Agency,

Region 3, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the following address: Air

Protection Division, U.S. Environmental

Protection Agency, Region III, 1650

Arch Street, Philadelphia, Pennsylvania

19103, and the docket numbers are

DC039–2019, VA090–5036 and MD073–

3045.

Written comments on the Atlanta SIP

should be submitted (in duplicate if

possible) to: Scott M. Martin, EPA

Region 4, Air Planning Branch, 61

Forsyth Street, S.W., Atlanta, Georgia

30303. Copies of the State submittal are

available at the following address for

inspection during normal business

hours: Environmental Protection

Agency, Region 4, Air Planning Branch,

61 Forsyth Street, S.W., Atlanta, Georgia

30303–8960, and the docket number is

GA–47–200002.

FOR FURTHER INFORMATION CONTACT: For

general questions on the RACM analysis

for mobile sources, contact Mr. Mark

Simons at either 734–214–4420 or by email simons.mark@epa.gov. For general

questions on the RACM analysis for

stationary sources, contact Mr. John

Silvasi at either (919) 541–5666 or by email silvasi.john@epa.gov. For specific

questions on the Greater Connecticut

and Springfield SIPs, contact Mr.

Richard Burkhart at (617) 918–1664 or

by e-mail burkhart.richard@epa.gov. For

specific questions on the Washington,

DC, SIP, contact Mr. David Arnold at

(215) 814–2172 or by e-mail

arnold.dave@epa.gov. For specific

questions on the Atlanta SIP, contact

Mr. Scott Martin at (404) 562–9036 or by

e-mail martin.scott@epa.gov.

Dated: October 26, 2000.

John S. Seitz,

Director, Office of Air Quality Planning and

Standards.

[FR Doc. 00–28166 Filed 11–1–00; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 001025298-0298-01; I.D.

101000C]

RIN 0648-AO56

Fisheries of the Northeastern United

States; Summer Flounder, Scup, Black

Sea Bass, Atlantic Mackerel, Squid and

Butterfish Fisheries; Modification of

Scup Gear Restricted Areas (GRAs)

and Exemptions to the GRAs, and

Modifications to the Landing Limits in

the Atlantic Mackerel, Squid, and

Butterfish Fisheries

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes regulations to

modify the GRAs that were established

in the Mid-Atlantic Bight to reduce scup

bycatch in small-mesh fisheries; exempt

Atlantic mackerel fishing from all of the

GRA restrictions, and Loligo squid

fishing from the November 1 - December

31, 2000, GRA restrictions; modify the

procedure and criteria for exempting

small-mesh fisheries from the