[Federal Register Volume 65, Number 5 (Friday, January 7, 2000)]
[Rules and Regulations]
[Pages 1065-1068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-350]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-130]
RIN 2115-AA97
Safety Zone: New York Harbor and Hudson River Fireworks.
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing five permanent safety zones
for fireworks displays located on Upper and Lower New York Bay, the
Hudson River, and Raritan Bay. This action is necessary to provide for
the safety of life on navigable waters during the events. This action
establishes permanent exclusion areas that are only active prior to the
start of the fireworks display until shortly after the fireworks
display is completed, and is intended to restrict vessel traffic in a
portion of Upper and Lower New York Bay, the Hudson River, and Raritan
Bay.
DATES: This rule is effective February 7, 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 (CGD01-99-130) and are available for inspection or
copying at Waterways Oversight Branch, Coast Guard Activities New York,
212 Coast Guard Drive, Staten Island, New York 10305, room 205, between
8 a.m. e.s.t. and 3 p.m. e.s.t., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways
Oversight Branch, Coast Guard Activities New York (718) 354-4193.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On October 6, 1999, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone: New York Harbor and Hudson River Fireworks
in the Federal Register (64 FR 54252). We received no letters
commenting on the proposed rule. No public hearing was requested, and
none was held.
On October 25, 1999, we published a correction notice entitled
Safety Zone: New York Harbor and Hudson River Fireworks in the Federal
Register (64 FR 57419). This notice corrected the Latitude position of
the barge location east of Ellis Island.
Background and Purpose
The Coast Guard is establishing five permanent safety zones that
will be activated for fireworks displays occurring throughout the year
that are not held on an annual basis but are normally held in one of
these five locations. The five locations are east of Liberty and Ellis
Islands in Upper New York Bay; east of South Beach, Staten Island in
Lower New York Bay; west of Pier 60, Manhattan, on the Hudson River;
and Raritan Bay in the vicinity of the Raritan River Cutoff and Ward
Point Bend (West). The number of events held in these locations has
increased from three in 1996 to 21 in 1998. The Coast Guard has
received 16 applications for fireworks displays in these areas to date
in 1999. In the past, temporary safety zones were established with
limited notice for preparation by the U.S. Coast Guard and limited
opportunity for public comment. Establishing permanent safety zones by
notice and comment rulemaking gave the public the opportunity to
comment on the safety zone locations, size, and length of time the
zones will be active. The Coast Guard has received no prior notice of
any impact caused by the previous events.
The five safety zones are as follows:
The safety zone at Liberty Island includes all waters of Upper New
York Bay within a 360-yard radius of the fireworks barge located in
Federal Anchorage 20-C, in approximate position 40 deg.41'16.5''N
074 deg.02'23'' W (NAD 1983), about 360 yards east of Liberty Island.
The safety zone prevents vessels from transiting a portion of Federal
Anchorage 20-C and is needed to protect boaters from the hazards
associated with fireworks launched from a barge in the area.
Recreational and commercial vessel traffic will be able to anchor in
the unaffected northern and southern portions of Federal Anchorage 20-
C. Federal Anchorages 20-A and 20-B, to the north, and Federal
Anchorages 20-D and 20-E, to the south, are also available for vessel
use. Marine traffic will still be able to transit through
[[Page 1066]]
Anchorage Channel, Upper Bay, during the event as the safety zone only
extends 125 yards into the 925-yard wide channel. The Captain of the
Port does not anticipate any negative impact on vessel traffic due to
this safety zone.
The safety zone at Ellis Island includes all waters of Upper New
York Bay within a 360-yard radius of the fireworks barge located
between Federal Anchorages 20-A and 20-B in approximate position
40 deg.41'45'' N 074 deg.02'09'' W (NAD 1983), about 365 yards east of
Ellis Island. The safety zone prevents vessels from transiting a
portion of Federal Anchorages 20-A and 20-B and is needed to protect
boaters from the hazards associated with fireworks launched from a
barge in the area. Recreational and commercial vessel traffic will be
able to anchor in the unaffected northern and southern portions of
Federal Anchorages 20-A and 20-B. Federal Anchorages 20-C, 20-D, and
20-E, to the south, are also available for vessel use. Marine traffic
will still be able to transit through Anchorage Channel, Upper Bay,
during the event as the safety zone only extends 150 yards into the
900-yard wide channel. The Captain of the Port does not anticipate any
negative impact on vessel traffic due to this safety zone.
The safety zone east of South Beach, Staten Island includes all
waters of Lower New York Bay within a 360-yard radius of the fireworks
barge located in approximate position 40 deg.35'11'' N 074 deg.03'42''
W (NAD 1983), about 350 yards east of South Beach, Staten Island. The
safety zone prevents vessels from transiting a portion of Lower New
York Bay and is needed to protect boaters from the hazards associated
with fireworks launched from a barge in the area. Marine traffic will
still be able to transit through Lower New York Bay during the event.
The Captain of the Port does not anticipate any negative impact on
vessel traffic due to this safety zone.
The safety zone off Pier 60, Manhattan includes all waters of the
Hudson River within a 360-yard radius of the fireworks barge in
approximate position 40 deg.44'49'' N 074 deg.01'02'' W (NAD 1983),
about 500 yards west of Pier 60, Manhattan, New York. 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 eastern 150 yards of the 850-yard wide Hudson River
during the event. The Captain of the Port does not anticipate any
negative impact on vessel traffic due to this safety zone.
Additionally, vessels are not precluded from mooring at or getting
underway from Piers 59-62 or from the Piers at Castle Point, New Jersey
due to this safety zone.
The safety zone in Raritan Bay includes all waters of the Raritan
River Cutoff and Ward Point Bend (West) within a 240-yard radius of the
fireworks barge in approximate position 40 deg.30'04'' N
074 deg.15'35'' W (NAD 1983), about 240 yards east of Raritan River
Cutoff Channel Buoy 2 (LLNR 36595). The safety zone prevents vessels
from transiting a portion of Raritan Bay in the vicinity of the Raritan
River Cutoff and Ward Point Bend (West). It is needed to protect
boaters from the hazards associated with fireworks launched from a
barge in the area. Marine traffic will still be able to transit through
the eastern 140 yards of the 230-yard wide Ward Point Bend (West)
during the event. Traffic that can not transit through the closed
Raritan River Cutoff can transit through Ward Point Bend (West) by
using South Amboy Reach, Great Beds Reach, Ward Point Secondary
Channel, and Ward Point Bend (East). Additionally, vessels will not be
precluded from mooring at or getting underway from any marinas or piers
at Perth Amboy, New Jersey due to this safety zone.
The actual dates that these safety zones will be activated are not
known by the Coast Guard at this time. Coast Guard Activities New York
will give notice of the activation of each safety zone by all
appropriate means to provide the widest publicity among the affected
segments of the public. This will include publication in the Local
Notice to Mariners. Marine information broadcasts will also be made for
these events beginning 24 to 48 hours before the event is scheduled to
begin. Facsimile broadcasts will also be made to notify the public. The
Coast Guard expects that the notice of the activation of each permanent
safety zone in this rulemaking will normally be made between thirty and
fourteen days before the zone is actually activated. Fireworks barges
used in the locations stated in this rulemaking will also have a sign
on the port and starboard side of the barge labeled ``FIREWORKS
BARGE''. This will provide on-scene notice that the safety zone the
fireworks barge is located in is or will be activated on that day. This
sign will consist of 10'' high by 1.5'' wide red lettering on a white
background. There will also be a Coast Guard patrol vessel on scene 30
minutes before the display is scheduled to start until 15 minutes after
its completion to enforce each safety zone.
The effective period for each safety zone is from 8 p.m. e.s.t. to
1 a.m. e.s.t. However, vessels may enter, remain in, or transit through
these safety zones during this time frame if authorized by the Captain
of the Port New York, or designated Coast Guard patrol personnel on
scene, as provided for in 33 CFR 165.23. Generally, blanket permission
to enter, remain in, or transit through these safety zones will be
given except for the 45-minute period that a Coast Guard patrol vessel
is present.
This rule is being established to provide for the safety of life on
navigable waters during the events. It also gave the marine community
the opportunity to comment on the zone locations, size, and length of
time the zones will be active.
Discussion of Comments and Changes
The Coast Guard received no letters commenting on the proposed
rulemaking. This Final rule is the same as the proposed rule except
that the Latitude position of the barge location east of Ellis Island
has been corrected. On Oct 25, 1999, we notified the public of this
Latitude position change when we published a correction notice entitled
Safety Zone: New York Harbor and Hudson River Fireworks in the Federal
Register (64 FR 57419).
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).
The Coast Guard expects the economic impact of this final rule to
be so minimal that a full Regulatory Evaluation under paragraph 10e of
the regulatory policies and procedures of DOT is unnecessary. This
finding is based on the minimal time that vessels will be restricted
from the zones, and all of the zones are in areas where the Coast Guard
expects insignificant adverse impact on all mariners from the zones'
activation. Vessels may safely anchor to the north and south of the
zones by Liberty and Ellis Islands. Vessels may also still transit
through Anchorage Channel, Lower New York Bay, the Hudson River, and
Ward Point Bend (West) in Raritan Bay during these events. Vessels will
not be precluded from getting underway, or mooring at, Piers 59-62 and
the Piers at Castle Point, New Jersey during displays off
[[Page 1067]]
Pier 60, nor from marinas and piers at Perth Amboy, New Jersey during
displays in the Raritan River Cutoff. Advance notifications will also
be made to the local maritime community by the Local Notice to
Mariners, marine information broadcasts, and facsimile. Fireworks
barges used in these locations will also have a sign on the port and
starboard side of the barge labeled ``FIREWORKS BARGE''. This sign will
consist of 10'' high by 1.5'' wide red lettering on a white background.
Additionally, the Coast Guard anticipates that these safety zones will
only be activated 20-25 times per year. These safety zones have been
narrowly tailored to impose the least impact on maritime interests yet
provide the level of safety deemed necessary.
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 would affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
anchor in or transit through the affected portions of New York Harbor,
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: the
minimal time that vessels will be restricted from the zones, and all of
the zones are in areas where the Coast Guard expects insignificant
adverse impact on all mariners from the zones' activation. Vessels may
safely anchor to the north and south of the zones by Liberty and Ellis
Islands. Vessels may also still transit through Anchorage Channel,
Lower New York Bay, the Hudson River, and Ward Point Bend (West) in
Raritan Bay during these events. Vessels will not be precluded from
getting underway, or mooring at, Piers 59-62 and the Piers at Castle
Point, New Jersey during displays off Pier 60, nor from marinas and
piers at Perth Amboy, New Jersey during displays in the Raritan River
Cutoff. Before the effective period, we will issue maritime advisories
widely available to users of the Port of New York/New Jersey by the
local notice to mariners, marine information broadcasts, and facsimile.
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. No comments were received nor changes made to the
NPRM.
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. No comments were received nor changes made to the NPRM.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights. No
comments were received nor changes made to the NPRM.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden. No comments were received nor changes
made to the NPRM.
Protection of Children
We have analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not concern an environmental
risk to health or risk to safety that may disproportionately affect
children.
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 category 34(g) since
implementation of this action will not result in any significant
cumulative impacts on the human environment, substantial controversy or
substantial change to existing environmental conditions, impacts which
are more than minimal on properties protected under 4(f) of the DOT Act
as superseded by Public Law 97-449, and section 106 of the National
Historic Preservation Act; and inconsistencies with any Federal, State,
or local laws or administrative determinations relating to the
environment. A ``Categorical Exclusion Determination'' is available in
the docket for inspection or copying where indicated under ADDRESSES.
No comments were received nor changes made to the NPRM.
List of Subjects
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 Sec. 165.168 to read as follows:
Sec. 165.168 Safety Zones: New York Harbor and Hudson River Fireworks.
(a) Liberty Island Safety Zone: All waters of Upper New York Bay
within a 360-yard radius of the fireworks barge in approximate position
40 deg.41'16.5''N 074 deg.02'23'' W (NAD 1983), located in Federal
Anchorage 20-C, about 360 yards east of Liberty Island.
(b) Ellis Island Safety Zone: All waters of Upper New York Bay
within a 360-yard radius of the fireworks barge located between Federal
Anchorages 20-A and 20-B, in approximate position 40 deg.41'45'' N
074 deg.02'09'' W (NAD 1983), about 365 yards east of Ellis Island.
(c) South Beach, Staten Island Safety Zone: All waters of Lower New
York Bay within a 360-yard radius of the fireworks barge in approximate
position 40 deg.35'11'' N 074 deg.03'42'' W (NAD 1983), about 350 yards
east of South Beach, Staten Island.
(d) Pier 60, Hudson River Safety Zone: All waters of the Hudson
River within a 360-yard radius of the fireworks barge
[[Page 1068]]
in approximate position 40 deg.44'49'' N 074 deg.01'02'' W (NAD 1983),
about 500 yards west of Pier 60, Manhattan, New York.
(e) Raritan Bay Safety Zone: All waters of Raritan Bay in the
vicinity of the Raritan River Cutoff and Ward Point Bend (West) within
a 240-yard radius of the fireworks barge in approximate position
40 deg.30'04'' N 074 deg.15'35'' W (NAD 1983), about 240 yards east of
Raritan River Cutoff Channel Buoy 2 (LLNR 36595).
(f) Notification. Coast Guard Activities New York will cause notice
of the activation of these safety zones to be made by all appropriate
means to effect the widest publicity among the affected segments of the
public, including publication in the local notice to mariners, marine
information broadcasts, and facsimile. Fireworks barges used in these
locations will also have a sign on their port and starboard side
labeled ``FIREWORKS BARGE''. This sign will consist of 10'' high by
1.5'' wide red lettering on a white background.
(g) Effective Period. This section is effective from 8 p.m. e.s.t.
to 1 a.m. e.s.t. each day a barge with a ``FIREWORKS BARGE'' sign on
the port and starboard side is on-scene in a location listed in
paragraphs (a) through (e) of this section. Vessels may enter, remain
in, or transit through these safety zones during this time frame if
authorized by the Captain of the Port New York or designated Coast
Guard patrol personnel on scene.
(h) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard.
Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light, or other means, the operator of a vessel shall proceed
as directed.
Dated: December 14, 1999.
R.E. Bennis,
Captain, Coast Guard,
Captain of the Port, New York.
[FR Doc. 00-350 Filed 1-6-00; 8:45 am]
BILLING CODE 4910-15-U
