Special Local Regulations and Safety Zones; Recurring Events in Captain of the Port New York Zone, 38077-38086 [2011-16111]
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Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Proposed Rules
paragraph (g) of this AD is measured from the
time of the stretched-upper-deck
modification.
(i) If no cracking is detected during the
inspections required by paragraph (g) of this
AD, repeat the inspections required by
paragraph (g) of this AD one time at the
earlier of the times specified in paragraphs
(i)(1) and (i)(2) of this AD. Thereafter repeat
the inspections at intervals not to exceed
3,000 landings.
(1) Within 5,000 landings after the last
inspection.
(2) Within 3,000 landings after the last
inspection, or within 1,000 landings after the
effective date of this AD, whichever occurs
later.
(j) If cracks are detected during the
inspections required by paragraph (g) of this
AD, accomplish the repair or preventive
modification of the affected lap splice, in
accordance with Boeing Alert Service
Bulletin 747–53A2303, dated June 2, 1988; or
Revision 1, dated March 29, 1990; or Boeing
Service Bulletin 747–53A2303, Revision 2,
dated October 1, 2009; prior to further
pressurized flight. After the effective date of
this AD, only Revision 2 may be used. If
cracks are repaired in local areas without
accomplishing preventive modification of the
entire affected lap area, continue inspections
of the unmodified and unrepaired areas of
the affected lap splice in accordance with
paragraph (i) of this AD.
(k) For airplanes incorporating the
preventive modification, as described in
Boeing Alert Service Bulletin 747–53A2303,
dated June 2, 1988; or Revision 1, dated
March 29, 1990; or Boeing Service Bulletin
747–53A2303, Revision 2, dated October 1,
2009; accomplish the inspections required by
paragraph (g) of this AD prior to the
accumulation of 10,000 landings after the
modification and thereafter at intervals not to
exceed 5,000 landings. If cracks are found,
repair in accordance with a method approved
by the Manager, Seattle Aircraft Certification
Office, FAA, Northwest Mountain Region,
prior to further pressurized flight.
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New Requirements of This AD
Post-Modification Inspections
(l) For airplanes on which a protruding
head fastener modification has been done in
accordance with Boeing Alert Service
Bulletin 747–53A2303, dated June 2, 1988; or
Revision 1, dated March 29, 1990: Within
10,000 flight cycles after modification, or
within 500 flight cycles after the effective
date of this AD, whichever occurs later, do
an external HFEC inspection for cracking in
the skin around the fasteners in the upper
row of the lap joint, in accordance with Part
5 of the Accomplishment Instructions of
Boeing Service Bulletin 747–53A2303,
Revision 2, dated October 1, 2009 (‘‘the
service bulletin’’). If any crack is found,
before further flight repair in accordance
with the service bulletin (except as required
by paragraph (o) of this AD), or do the
modification specified in paragraph (n) of
this AD. Repeat the inspection in affected
uncracked areas at intervals not to exceed
500 flight cycles, until the modification
specified in paragraph (n) of this AD is done.
(m) For airplanes on which an external
doubler repair has been installed as a
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modification that was done in accordance
with a method other than that specified in
Boeing 747 SRM 53–30–03, Figure 19, 25, 28
or 34: Within 10,000 flight cycles after
modification, or within 500 flight cycles after
the effective date of this AD, whichever
occurs later, do an internal HFEC inspection
for cracking in the skin around the fasteners
in the upper row of the lap joint, in
accordance with Part 5 of the
Accomplishment Instructions of Boeing
Service Bulletin 747–53A2303, Revision 2,
dated October 1, 2009 (‘‘the service
bulletin’’). If any crack is found, before
further flight, repair in accordance with the
service bulletin (except as required by
paragraph (o) of this AD), or do the
modification specified in paragraph (n) of
this AD. Repeat the inspection in affected
uncracked areas at intervals not to exceed
500 flight cycles, until the modification
specified in paragraph (n) of this AD is done.
External Doubler Modification
(n) For airplanes on which no previous
modification or repair has been installed in
the affected area or on which a protruding
head fastener modification or a Boeing 747
SRM 53–30–03 repair or modification has
been installed that is not per Figure 19, 25,
28, or 34 of the Boeing 747 SRM for the full
length of the lap splice: Within 14,000 flight
cycles after the first repair or modification
was done, or within 3,000 flight cycles after
the effective date of this AD, whichever
occurs later, modify the skin, and do all postmodification inspections and repairs, in
accordance with Part 3 of Boeing Service
Bulletin 747–53A2303, Revision 2, dated
October 1, 2009, except as required by
paragraph (o) of this AD. Do the postmodification inspection within 10,000 flight
cycles after installation of the modification.
Repeat the inspection thereafter at intervals
not to exceed 3,000 flight cycles. All
applicable repairs must be done before
further flight.
Exception to Service Bulletin Specification
(o) Where Boeing Service Bulletin 747–
53A2303, Revision 2, dated October 1, 2009,
specifies to contact Boeing for appropriate
action: Before further flight, repair using a
method approved in accordance with the
procedures specified in paragraph (p) of this
AD.
Alternative Methods of Compliance
(AMOCs)
(p)(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in the
Related Information section of this AD.
Information may be e-mailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
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38077
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) or other
person who has been authorized by the
Manager, Seattle ACO, to make those
findings. For a repair method to be approved,
the repair must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
(4) AMOCs approved previously in
accordance with AD 90–21–17 are approved
as AMOCs for the corresponding provisions
of paragraphs (g) and (i) of this AD. AMOCs
approved previously in accordance with AD
90–21–17 are approved as AMOCs for the
corresponding provisions of paragraphs (j)
and (n) of this AD only if the repair or
preventive modification of the affected lap
splice was done in accordance with Boeing
Service Bulletin 747–53A2303, Revision 2,
dated October 1, 2009 (‘‘the service
bulletin’’), including Boeing Designated
Engineering Representative (DER) or
Airworthiness Representative (AR) approvals
of deviations to Revision 2 of the service
bulletin.
Related Information
(q) For more information about this AD,
contact Bill Ashforth, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind
Avenue, SW., Renton, Washington 98057–
3356; telephone 425–917–6432; fax 425–917–
6590; e-mail: bill.ashforth@faa.gov.
(r) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, Washington 98124–2207; telephone
206–544–5000, extension 1; fax 206–766–
5680; e-mail me.boecom@boeing.com;
Internet https://www.myboeingfleet.com. You
may review copies of the referenced service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221.
Issued in Renton, Washington, on June 17,
2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2011–16370 Filed 6–28–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG–2010–1001]
RIN 1625–AA00; 1625–AA08
Special Local Regulations and Safety
Zones; Recurring Events in Captain of
the Port New York Zone
AGENCY:
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Coast Guard, DHS.
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ACTION:
Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Proposed Rules
Notice of proposed rulemaking.
The Coast Guard proposes to
remove, add, and consolidate special
local regulations and permanent safety
zones in the Coast Guard Captain of the
Port (COTP) New York Zone for annual
recurring swim events, fireworks
displays, and marine events (annual
recurring events). When these special
local regulations or safety zones are
activated and subject to enforcement,
this rule would restrict vessels from
portions of water areas during these
annual recurring events. The revised
listing of special local regulations and
safety zones would facilitate public
notification of events and help protect
the public and event participants from
the hazards associated with these
annual recurring events.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 29, 2011. Requests for
public meetings must be received by the
Coast Guard on or before July 6, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–1001 using any one of the
following methods:
(1) Federal e-Rulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
SUMMARY:
If
you have questions on this proposed
rule, call or e-mail LTJG Eunice James,
Coast Guard; telephone (718) 354–4163,
e-mail Eunice.A.James@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
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FOR FURTHER INFORMATION CONTACT:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
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without change to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–1001),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2010–1001’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2010–
1001’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
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of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting 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.
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
public meeting, contact LTJG Eunice
James at the telephone number or e-mail
address indicated under the FOR
FURTHER INFORMATION CONTACT section of
this notice.
Basis and Purpose
The legal basis for the proposed rule
is 33 U.S.C. 1225, 1226, 1231, 1233; 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; Public Law 107–295,
116 Stat. 2064; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to define regulatory safety
zones and special local regulations.
Swim events, fireworks displays, and
marine events are held on an annual
recurring basis on the navigable waters
within the COTP Port New York Zone.
In the past, the Coast Guard has
established special local regulations,
regulated areas, and safety zones for
these annual recurring events on a case
by case basis to ensure the protection of
the maritime public and event
participants from the hazards associated
with these events. The Coast Guard has
not received public comments or
concerns regarding the impact to
waterway traffic from these annually
recurring events.
This proposed rule will consistently
apprise the public in a timely manner
through permanent publication in Title
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33 of the Code of Federal Regulations.
The TABLES in this proposed
regulation list each annual recurring
event requiring a regulated area as
administered by the Coast Guard.
By establishing a permanent
regulation containing these annual
recurring events, the Coast Guard would
eliminate the need to establish
temporary rules for events that occur on
an annual basis, thereby, limiting the
costs associated with cumulative
regulations.
This rulemaking will remove, add,
and consolidate regulations that better
meet the Coast Guard’s intended
purpose of ensuring safety during these
events.
Discussion of Proposed Rule
The Coast Guard proposes to add 33
CFR 100.150 and to consolidate sections
33 CFR 165.161, 165.162, 165.166,
165.168, 165.170 into a new section, 33
CFR 165.160. The proposed rule would
apply to the annual recurring events
listed in the attached TABLES in the
COTP New York Zone. The TABLES
provide the event name, and type, as
well as locations of the events. The
specific times, dates, regulated areas,
and enforcement period for each event
will be provided through the Local
Notice to Mariners, Broadcast Notice to
Mariners and online at https://
homeport.uscg.mil/newyork or through
a Notice of Enforcement published in
the Federal Register.
During enforcement periods, the
safety zones in TABLE 1 to § 165.160
will be enforced from 6 p.m. to 1 a.m.
each day. The safety zone will be
enforced at the locations listed in
TABLE to § 165.160, when a barge with
a ‘‘FIREWORKS—STAY AWAY’’ sign
on the port and starboard side is onscene or when a ‘‘FIREWORKS—STAY
AWAY’’ sign is posted on land adjacent
to the shoreline. Vessels may enter,
remain in, or transit through these safety
zones during this time frame if
authorized by the COTP New York or
the designated representative.
The particular size of the proposed
safety zones established for each event
will be reevaluated on an annual basis
in accordance with Navigational and
Vessel Inspection Circular (NVIC) 07–
02, Marine Safety at Firework Displays,
the National Fire Protection Association
Standard 1123, Code for Fireworks
Displays (30-yard distance per inch of
diameter of the fireworks mortars), and
other pertinent regulations and
publications.
This proposed regulation would
prevent vessels from transiting areas
specifically designated as special local
regulations or safety zones during the
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periods of enforcement to ensure the
protection of the maritime public and
event participants from the hazards
associated with the listed annual
recurring events. Only event sponsors,
designated participants, and official
patrol vessels will be allowed to enter
regulated areas. Spectators and other
vessels not registered as event
participants may not enter the safety
zones without the permission of the
COTP or the designated representative.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, 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.
We expect the economic impact of
this proposed rule to be minimal.
Although this regulation may have some
impact on the public, the potential
impact will be minimized for the
following reasons:
The Coast Guard has previously
promulgated safety zones or special
local regulations, in accordance with 33
CFR Parts 100 and 165, for all event
areas contained within this proposed
regulation and has not received notice
of any negative impact caused by any of
the safety zones or special local
regulations. By establishing a permanent
regulation containing all of these events,
the Coast Guard will eliminate the need
to establish individual temporary rules
for each separate event that occurs on an
annual basis, thereby limiting the costs
of cumulative regulations.
Vessels will only be restricted from
safety zones and special local regulation
areas for a short duration of time.
Vessels may transit in portions of the
affected waterway except for those areas
covered by the proposed regulated
areas. Notifications of exact dates and
times of the enforcement period will be
made to the local maritime community
through the Local Notice to Mariners
and Broadcast Notice to Mariners and,
if possible, through a Notice of
Enforcement in the Federal Register. No
new or additional restrictions would be
imposed on vessel traffic.
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Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have 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: Owners or
operators of vessels intending to transit,
fish, or anchor in the areas where the
listed annual recurring events are being
held.
The proposed rule would not have a
significant economic impact on a
substantial number of small entities for
the following reasons: Vessels will only
be restricted from safety zones and
special local regulation areas for a short
duration of time; vessels may transit in
portions of the affected waterway except
for those areas covered by the proposed
regulated areas; the Coast Guard has
promulgated safety zones or special
local regulations in accordance with 33
CFR Parts 100 and 165 for all event
areas in the past and has not received
notice of any negative impact caused by
any of the safety zones or special local
regulations; notifications of exact dates
and times of the enforcement period
will be made to the local maritime
community through the Local Notice to
Mariners and Broadcast Notice to
Mariners or through a Notice of
Enforcement in the Federal Register. No
new or additional restrictions would be
imposed on vessel traffic.
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
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business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed under FOR FURTHER INFORMATION
CONTACT. The Coast Guard will not
retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
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
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This proposed rule would not affect 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
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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 would not create an
environmental risk to health or risk to
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safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
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that this action appears to be one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment.
A preliminary environmental analysis
checklist supporting this determination
will be available in the docket where
indicated under ADDRESSES. This
proposed rule involves establishment of
safety zones for fireworks displays and
swimming events as well as special
local regulations for a power boat race.
As such, it appears that this action will
qualify for Coast Guard Categorical
Exclusions (34) (g) and (h), respectively,
as described in figure 2–1 of the
Commandant Instruction.
We seek any comments or information
that may lead to the discovery of a
significant environmental impact from
this proposed rule.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR Parts 100 and 165 as
follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for Part 100
continues to read as follows:
Authority: 33 U.S.C. 1233.
2. Add a new § 100.150 to read as
follows:
§ 100.150 Special Local Regulations;
Marine Events in the Coast Guard Sector
New York Captain of the Port Zone.
The following regulations apply to the
marine events listed in the TABLE to
§ 100.150. These regulations will be
enforced for the duration of each event,
on or about the dates indicated. Annual
notice of the exact dates and times of
the effective period of the regulations
with respect to each event, the
geographical area, and details
concerning the nature of the event and
the number of participants and type(s)
of vessels involved will be published in
a Local Notices to Mariners and
broadcast over VHF. First Coast Guard
District Local Notice to Mariners can be
found at: https://www.navcen.uscg.gov/.
The Sector New York Marine Events
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schedule can also be viewed
electronically at https://
www.homeport.uscg.mil/newyork.
Although listed in the Code of Federal
Regulations, sponsors of events listed in
TABLE to § 100.150 are still required to
submit marine event applications in
accordance with 33 CFR 100.15.
(a) Definitions. The following
definitions apply to this section:
(1) Designated Representative. A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the Captain of the
Port, Sector New York (COTP), to act on
his or her behalf. The designated
representative may be on an official
patrol vessel or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
(3) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
(b) Vessel operators desiring to enter
or operate within the regulated areas
shall contact the COTP or the
designated representative via VHF
channel 16 or 718–354–4353 (Sector
New York command center) to obtain
permission to do so.
(c) Vessels may not transit the
regulated areas without the COTP or
designated representative approval.
Vessels permitted to transit must
operate at a no wake speed, in a manner
which will not endanger participants or
other crafts in the event.
(d) Spectators or other vessels shall
not anchor, block, loiter, or impede the
transit of event participants or official
patrol vessels in the regulated areas
during the effective dates and times, or
dates and times as modified through the
Local Notice to Mariners, unless
authorized by COTP or designated
representative.
38081
(e) The COTP or designated
representative may control the
movement of all vessels in the regulated
area. When hailed or signaled by an
official patrol vessel, a vessel shall come
to an immediate stop and comply with
the lawful directions issued. Failure to
comply with a lawful direction may
result in expulsion from the area,
citation for failure to comply, or both.
(f) The COTP or designated
representative may delay or terminate
any marine event in this subpart at any
time it is deemed necessary to ensure
the safety of life or property.
(g) For all power boat races listed,
vessels not participating in this event,
swimmers, and personal watercraft of
any nature are prohibited from entering
or moving within the regulated area
unless authorized by the COTP or
designated representative. Vessels
within the regulated area must be at
anchor within a designated spectator
area or moored to a waterfront facility
in a way that will not interfere with the
progress of the event.
TABLE TO § 100.150
1.0
1.1
Hudson River
New York Super Boat Race ............................................................
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
3. The authority citation for part 165
continues to read as follows:
srobinson on DSK4SPTVN1PROD with PROPOSALS
Authority: 33 U.S.C. 1225, 1226, 1231; 46
U.S.C. Chapter 701, 3306, 3703; 33 CFR 1.05–
1 and 160.5; Pub. L. 107–295, 116 Stat. 2064;
Department of Homeland Security Delegation
No. 0170.1.
4. Remove §§ 165.161, 165.162,
165.168 and 165.170 from 33 CFR part
165.
5. Add a new § 165.160 to read as
follows:
§ 165.160 Safety Zones; Fireworks
Displays and Swim Events in Coast Guard
Captain of the Port New York Zone.
(a) Regulations. The general
regulations contained in 33 CFR 165.23
as well as the following regulations
apply to the fireworks displays and
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• Event type: Power Boat Race.
• Date: The weekend after Labor Day.
• Location: All waters of the Lower Hudson River south of a line drawn
from the northwest corner of Pier 76 in Manhattan to a point on the
New Jersey shore in Weehawken, New Jersey at approximate position 40°45′52″ N 074°01′01″ W (NAD 1983) and north of a line connecting the following points (all coordinates are NAD 1983):
40°42′16.0″ N, 074°01′09.0″ W; thence to 40°41′55.0″ N,
074°01′16.0″ W; thence to 40°41′47.0″ N, 074°01′36.0″ W; thence to
40°41′55.0″ N, 074°01′59.0″ W; thence to 40°42′20.5″ N,
074°02′06.0″ W.
swim events listed in TABLES 1 and 2
to § 165.160.
These regulations will be enforced for
the duration of each event. Notifications
of exact dates and times of the
enforcement period will be made to the
local maritime community through the
Local Notice to Mariners and Broadcast
Notice to Mariners or through a Notice
of Enforcement in the Federal Register
well in advance of the events. Mariners
should consult the Federal Register or
their Local Notice to Mariners to remain
apprised of schedule or event changes.
First Coast Guard District Local Notice
to Mariners can be found at https://
www.navcen.uscg.gov/. The Captain of
the Port Sector New York Marine Events
schedule can also be viewed
electronically at https://
www.homeport.uscg.mil/newyork.
Although listed in the Code of Federal
Regulations, sponsors of events listed in
TABLES 1 and 2 to § 165.160 are still
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required to submit marine event
applications in accordance with 33 CFR
100.15.
(b) Definitions. The following
definitions apply to this section:
(1) Designated Representative. A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the Captain of the
Port, Sector New York (COTP), to act on
his or her behalf. The designated
representative may be on an official
patrol vessel or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
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(3) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
(b) Vessel operators desiring to enter
or operate within the regulated areas
shall contact the COTP or the
designated representative via VHF
channel 16 or 718–354–4353 (Sector
New York command center) to obtain
permission to do so.
(c) Spectators or other vessels shall
not anchor, block, loiter, or impede the
transit of event participants or official
patrol vessels in the regulated areas
during the effective dates and times, or
dates and times as modified through the
Local Notice to Mariners, unless
authorized by COTP or designated
representative.
(d) Upon being hailed by a U.S. Coast
Guard vessel or the designated
representative, by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed. Failure
to comply with a lawful direction may
result in expulsion from the area,
citation for failure to comply, or both.
(e) The COTP or designated
representative may delay or terminate
any marine event in this subpart at any
time it is deemed necessary to ensure
the safety of life or property.
(f) The regulated area for all fireworks
displays listed in TABLE 1 to § 165.160
is that area of navigable waters within
a 360 yard radius of the launch platform
or launch site for each fireworks
display, unless otherwise noted in
TABLE 1 to § 165.160 or modified in
USCG First District Local Notice to
Mariners at: https://
www.navcen.uscg.gov/.
(g) Fireworks barges used in these
locations will also have a sign on their
port and starboard side labeled
‘‘FIREWORKS—STAY AWAY’’. This
sign will consist of 10 inch high by 1.5
inch wide red lettering on a white
background. Shore sites used in these
locations will display a sign labeled
‘‘FIREWORKS—STAY AWAY’’ with the
same dimensions. These zones will be
enforced from 6 p.m. (e.s.t.) to 1 a.m.
(e.s.t.) each day a barge with a
‘‘FIREWORKS—STAY AWAY’’ sign on
the port and starboard side is on-scene
or a ‘‘FIREWORKS—STAY AWAY’’ sign
is posted in a location listed in TABLE
1 to § 165.160.
(h) For all swim events listed in
TABLE 2 to § 165.160, vessels not
associated with the event shall maintain
a separation of at least 100 yards from
the participants.
TABLE 1 TO § 165.160
1.0
1.1
Hudson River
Macy’s 4th of July Fireworks ...........................................................
• Event Type: Fireworks.
• Date: July 4th with a rain date of July 5th.
• Location: All waters of the Hudson River bounded by a line drawn
east from approximate position 40°46′35.43″ N, 074°00′37.53″ W in
New Jersey, to approximate position 40°46′16.98″ N, 073°59′52.34″
W in New York, thence south along the Manhattan shoreline to approximate position 40°44′48.98″ N, 074°00′41.06″ W, then west to
approximate position 40°44′55.91″ N, 074°01′24.94″ W, (NAD 83).
Then north along the New Jersey shoreline and back to the point of
origin.
2.0
New York Harbor
Liberty Island Safety Zone ...............................................................
2.2
Ellis Island Safety Zone ...................................................................
2.3
South Ellis Island Safety Zone ........................................................
2.4
South Beach, Staten Island Safety Zone ........................................
2.5
Raritan Bay Safety Zone .................................................................
2.6
Coney Island Safety Zone ...............................................................
2.7
srobinson on DSK4SPTVN1PROD with PROPOSALS
2.1
Arthur Kill, Elizabeth, NJ Safety Zone .............................................
2.8
Rockaway Beach Safety Zone ........................................................
2.9
Rockaway Inlet Safety Zone ............................................................
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• Launch site: A barge located in approximate position 40°41′16.5″ N
074°02′23″ W (NAD 1983), located in Federal Anchorage 20–C,
about 360 yards east of Liberty Island. This Safety Zone is a 360yard radius from the barge.
• Launch site: A barge located between Federal Anchorages 20–A
and 20–B, in approximate position 40°41′45″ N 074°02′09″ W (NAD
1983) about 365 yards east of Ellis Island. This Safety Zone is a
360-yard radius from the barge.
• Launch site: A barge located in approximate position 40°41′39.9″ N
074°02′33.7″ W (NAD 1983), about 260 yards south of Ellis Island.
This Safety Zone is a 240-yard radius from the barge.
• Launch site: A barge located in approximate position 40°35′11″ N
074°03′42″ W (NAD 1983), about 350 yards east of South Beach,
Staten Island. This Safety Zone is a 360-yard radius from the barge.
• Launch site: A barge located in approximate position 40°30′04″ N
074°15′35″ W (NAD 1983), about 240 yards east of Raritan River
Cutoff Channel Buoy 2 (LLNR 36595). This Safety Zone is a 240yard radius from the barge.
• Launch site: A land shoot from the south end of Steeplechase Pier,
Coney Island in approximate position 40°34′11″ N 073°59′00″ W
(NAD 1983). This Safety Zone is a 250-yard radius from the launch
site.
• Launch site: A land shoot located in Elizabeth, New Jersey in approximate position 40°38′50″ N 074°10′58″ W (NAD 1983), about
675 yards west of Arthur Kill Channel Buoy 20 (LLNR 36780). This
Safety Zone is a 150-yard radius from the launch site.
• Launch site: A barge located in approximate position 40°34′28.2″ N
073°50′00″ W (NAD 1983), 350 yards off of Beach 116th Street. This
Safety Zone is a 360-yard radius from the barge.
• Launch site: A barge located in approximate position 40°34′19.1″ N
073°54′43.5″ W (NAD 1983). 1200 yards south of Point Breeze. This
Safety Zone is a 360-yard radius from the barge.
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38083
TABLE 1 TO § 165.160—Continued
2.10
Pierhead Channel, NJ Safety Zone ...............................................
2.11
Midland Beach, Staten Island Safety Zone ...................................
2.12
Wolfes Pond Park, Staten Island Safety Zone ..............................
2.13
Ocean Breeze Fishing Pier, Staten Island Safety Zone ...............
2.14
Fort Hamilton Safety Zone .............................................................
2.15
Liberty State Park Safety Zone .....................................................
2.16
Rumson, NJ, Safety Zone .............................................................
2.17
Red Bank, NJ, Safety Zone ...........................................................
• Launch site: A barge located in approximate position 40°39′18.8″ N
074°04′39.1″ W (NAD 1983), approximately 350 yards north of the
Kill Van Kull Channel. This Safety Zone is a 360-yard radius from
the barge.
• Launch site: A barge located in approximate position 40°34′12″ N
074°04′29.6″ W (NAD 1983), approximately 800 yards southeast of
Midland Beach. This Safety Zone is a 500-yard radius from the
barge.
• Launch site: A barge located in approximate position 40°30′52.1″ N
074°10′58.8″ W (NAD 1983), approximately 540 yards east of
Wolfe’s Pond Park. This Safety Zone is a 500-yard radius from the
barge.
• Launch site: A barge located in approximate position 40°34′46.3″ N
074°04′02.0″ W (NAD 1983), approximately 1150 yards west of Hoffman Island. This Safety Zone is a 360-yard radius from the barge.
• Launch site: A barge located in approximate position 40°36′00″ N
074°01′42.5″ W (NAD 1983), approximately 1400 yards southeast of
the Verrazano-Narrows Bridge. This Safety Zone is a 240-yard radius from the barge.
• Launch site: A barge located in approximate position 40°41′20.32″ N
074°03′29.35″ W (NAD 1983), approximately 334 yards south of Pier
7, Liberty State Park, Jersey City, New Jersey. This Safety Zone is a
240-yard radius from the barge.
• Launch site: A barge located in approximate position 40°22′39.1″ N
074°01′07.3″ W (NAD 1983), approximately 600 yards south of the
Oceanic Bridge. This Safety Zone is a 300-yard radius from the
barge.
• Launch site: A barge located in approximate position 40°21′20″ N
074°04′10″ W (NAD 1983), approximately 360 yards northwest of
Red Bank, NJ. This Safety Zone is a 240-yard radius from the barge.
3.0
Western Long Island Sound
Peningo Neck, Western Long Island Sound safety zone ................
3.2
Satans Toe, Western Long Island Sound Safety Zone ...................
3.3
Larchmont, NY, Western Long Island Sound Safety Zone .............
3.4
Manursing Island, Western Long Island Sound Safety Zone ..........
3.5
Glen Island, Western Long Island Sound Safety Zone ...................
3.6
Twin Island, Western Long Island Sound Safety Zone ...................
3.7
Davenport Neck, Western Long Island Sound Safety Zone ...........
3.8
srobinson on DSK4SPTVN1PROD with PROPOSALS
3.1
Glen Cove, Hempstead Harbor Safety Zone ..................................
3.9
Bar Beach, Hempstead Harbor Safety Zone ...................................
3.10 Larchmont Harbor (north), Western Long Island Sound Safety
Zone.
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• Launch site: A barge located in approximate position 40°56′21″ N
073°41′23″ W (NAD 1983), approximately 525 yards east of Milton
Point, Peningo Neck, New York. This Safety Zone is a 300-yard radius from the barge.
• Launch Site: A barge located in approximate position 40°55′21″ N
073°43′41″ W (NAD 1983), approximately 635 yards northeast of
Larchmont Harbor (East Entrance) Light 2 (LLNR 25720). This Safety Zone is a 360-yard radius from the barge.
• Launch site: A barge located in approximate position 40°54′45″ N
073°44′55″ W (NAD 1983), approximately 450 yards southwest of
the entrance to Horseshoe Harbor. This Safety Zone is a 240-yard
radius from the barge.
• Launch site: A barge located in approximate position 40°57′47″ N
073°40′06″ W (NAD 1983), approximately 380 yards north of Rye
Beach Transport Rock Buoy 2 (LLNR 25570). This Safety Zone is a
360-yard radius from the barge.
• Launch site: A barge located in approximate position 40°53′12″ N
073°46′33″ W (NAD 1983), approximately 350 yards east of the
northeast corner of Glen Island, New York. This Safety Zone is a
240-yard radius from the barge.
• Launch site: A land shoot located on the east end of Orchard Beach,
New York in approximate position 40°52′10″ N 073°47′07″ W (NAD
1983). This Safety Zone is a 200-yard radius from the launch site.
• Launch site: A barge located in Federal Anchorage 1–A in approximate position 40°53′46″ N 073°46′04″ W (NAD 1983), approximately
360 yards north of Emerald Rock Buoy (LLNR 25810). This Safety
Zone is a 360-yard radius from the barge.
• Launch site: A barge located in approximate position 40°51′58″ N
073°39′34″ W (NAD 1983), approximately 500 yards northeast of
Glen Cove Breakwater Light 5 (LLNR 27065). This Safety Zone is a
360-yard radius from the barge.
• Launch site: A barge located in approximate position 40°49′50″ N
073°39′12″ W (NAD 1983), approximately 190 yards north of Bar
Beach, Hempstead Harbor, New York. This Safety Zone is a 180yard radius from the barge.
• Launch site: A barge located in approximate position 40°55′21.8″ N
073°44′21.7″ W (NAD 1983), approximately 560 yards north of Umbrella Rock. This Safety Zone is a 240-yard radius from the barge.
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TABLE 1 TO § 165.160—Continued
3.11
Orchard Beach, The Bronx Safety Zone .......................................
3.12 Larchmont Harbor (south), Western Long Island Sound Safety
Zone.
3.13
Sands Point Western Long Island Sound Safety Zone .................
3.14
Echo Bay, Western Long Island Sound Safety Zone ....................
• Launch site: All waters of Long Island Sound in an area bound by
the following points: 40°51′43.5″ N 073°47′36.3″ W; thence to
40°52′12.2″ N 073°47′13.6″ W; thence to 40°52′02.5″ N
073°46′47.8″ W; thence to 40°51′32.3″ N 073°47′09.9″ W (NAD
1983), thence to the point of origin.
• Launch site: A barge located in approximate position 40°55′16″ N
073°44′15″ W (NAD 1983), approximately 440 yards north of Umbrella Rock, Larchmont Harbor, New York. This Safety Zone is a
240-yard radius from the barge.
• Launch site: A barge located in approximate position 40°52′03″ N
073°43′39″ W (NAD 1983), northeast of Hart Island, in the vicinity of
Sands Point, New York. This Safety Zone is a 180-yard radius from
the barge.
• Launch site: A barge located in approximate position 40°54′39.9″ N
073°45′50.3″ W (NAD 1983), southeast portion of Clifford Island,
New York. This Safety Zone is a 180-yard radius from the barge.
4.0
East River
4.1
Wards Island, East River Safety Zone ............................................
4.2
Newtown Creek, East River Safety Zone ........................................
4.3
Corlears, East River Safety Zone ....................................................
4.4
Seaport, East River Safety Zone .....................................................
• Launch site: A barge located in approximate position 40°46′57.8″ N
073°55′28.6″ W (NAD 1983), approximately 330 yards north of the
Robert F. Kennedy Bridge (Triborough Bridge) Bridge. This Safety
Zone is a 150-yard radius from the barge.
• Launch site: A barge located in approximate position 40°44′24″ N
073°58′00″ W (NAD 1983), approximately 785 yards south of Belmont Island. This Safety Zone is a 360-yard radius from the barge.
• Launch site: A barge located in approximate position 40°42′34.53″ N
073°58′33.37″ W (NAD 1983), approximately 570 yards south of the
Williamsburg Bridge, 250 yards west of Railroad Avenue, Corlears
Hook, New York. This Safety Zone is a 180-yard radius from the
barge.
• Safety zone: 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 southeast corner of Pier 6, Manhattan.
5.0
Hudson River
Pier 60, Hudson River Safety Zone .................................................
5.2
The Battery, Hudson River Safety Zone .........................................
5.3
Battery Park City, Hudson River Safety Zone .................................
5.4
Pier 90, Hudson River Safety Zone .................................................
5.5
Yonkers, NY, Hudson River Safety Zone ........................................
5.6
Hastings-on-Hudson, Hudson River Safety Zone ...........................
5.7
srobinson on DSK4SPTVN1PROD with PROPOSALS
5.1
Pier D, Hudson River Safety Zone ..................................................
5.8
Pier 54, Hudson River Safety Zone .................................................
5.9
Pier 84, Hudson River Safety Zone .................................................
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• Launch site: A barge located in approximate position 40°44′49″ N
074°01′02″ W (NAD 1983), approximately 500 yards west of Pier 60,
Manhattan, New York. This Safety Zone is a 360-yard radius from
the barge.
• Launch site: A barge located in approximate position 40°42′00″ N
074°01′17″ W (NAD 1983), approximately 500 yards south of The
Battery, Manhattan, New York. This Safety Zone is a 360-yard radius
from the barge.
• Launch site: A barge located in approximate position 40°42′39″ N
074°01′21″ W (NAD 1983), approximately 480 yards southwest of
North Cove Yacht Harbor, Manhattan, New York. This Safety Zone is
a 360-yard radius from the barge.
• Launch site: A barge located in approximate position 40°46′11.8″ N
074°00′14.8″ W (NAD 1983), approximately 375 yards west of Pier
90, Manhattan, New York. This Safety Zone is a 360-yard radius
from the barge.
• Launch site: A barge located in approximate position 40°56′14.5″ N
073°54′33″ W (NAD 1983), approximately 475 yards northwest of the
Yonkers Municipal Pier, New York. This Safety Zone is a 360-yard
radius from the barge.
• Launch site: A barge located in approximate position 40°59′44.5″ N
073°53′28″ W (NAD 1983), approximately 425 yards west of Hastings-on-Hudson, New York. This Safety Zone is a 360-yard radius
from the barge.
• Launch site: A barge located in approximate position 40°42′57.5″ N
074°01′34″ W (NAD 1983), approximately 375 yards southeast of
Pier D, Jersey City, New Jersey. This Safety Zone is a 360-yard radius from the barge.
• Launch site: A barge located in approximate position 40°44′31″ N
074°01′00″ W (NAD 1983), approximately 380 yards west of Pier 54,
Manhattan, New York. This Safety Zone is a 360-yard radius from
the barge.
• Launch site: A barge located in approximate position 40°45′56.9″ N
074°00′25.4″ W (NAD 1983), approximately 380 yards west of Pier
84, Manhattan, New York. This Safety Zone is a 360-yard radius
from the barge.
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TABLE 1 TO § 165.160—Continued
5.10
Peekskill Bay, Hudson River Safety Zone .....................................
5.11
Jersey City, NJ, Hudson River Safety Zone ..................................
5.12
Newburgh, NY, Hudson River Safety Zone ...................................
5.13
Poughkeepsie, NY, Hudson River Safety Zone ............................
5.14
Pier 40, Hudson River Safety Zone ...............................................
5.15
Fort Tryon Park, Hudson River Safety Zone .................................
• Launch site: A barge located in approximate position 41°17′16″ N
073°56′18″ W (NAD 1983), approximately 670 yards north of Travis
Point. This Safety Zone is a 360-yard radius from the barge.
• Launch site: A barge located in approximate position 40°42′37.3″ N
074°01′41.6″ W (NAD 1983), approximately 420 yards east of Morris
Canal Little Basin. This Safety Zone is a 360-yard radius from the
barge.
• Launch site: A barge located in approximate position 41°30′01.2″ N
073°59′42.5″ W (NAD 1983), approximately 930 yards east of Newburgh, New York. This Safety Zone is a 360-yard radius from the
barge.
• Launch site: A barge located in approximate position 41°42′24.50″ N
073°56′44.16″ W (NAD 1983), approximately 420 yards north of the
Mid Hudson Bridge. This Safety Zone is a 300-yard radius from the
barge.
• Launch site: A barge located in approximate position 40°43′30″ N
074°01′06.7″ W (NAD 1983), in the vicinity of the Holland Tunnel
Ventilator, 530 yards south of Pier 40, Manhattan, New York. This
Safety Zone is a 240-yard radius from the barge.
• Launch site: A barge located in approximate position 40°51′52″ N
073°56′24″ W (NAD 1983), approximately 1750 yards north of the
George Washington Bridge. This Safety Zone is a 180-yard radius
from the barge.
6.0
6.1
Hutchinson River
Bronx, NY Hutchinson River Safety Zone .......................................
• Launch site: A barge located in approximate position 40°52′31″ N
073°49′24″ W (NAD 1983). This Safety Zone is a 120-yard radius
from the barge.
TABLE 2 TO § 165.160
1.0
Hudson River
1.1
Hudson Valley Triathlon ...................................................................
1.2
Newburgh Beacon Swim .................................................................
1.3
Hudson River Swim for Life .............................................................
1.4
Toughman Half Triathlon .................................................................
• Event Type: Swim Event.
• Date: The first weekend after the 4th of July.
• The following area is a safety zone: All waters of the Hudson River
in the vicinity of Ulster Landing, Bound by the following points:
42°00′03.7″ N, 073°56′34.2″ W; thence to 41°59′52.5″ N,
073°56′34.2″ W thence to 42°00′15.1″ N, 073°56′25.2″ W thence to
42°00′05.4″ N, 073°56′41.9″ W thence along the shoreline to the
point of beginning.
• Event Type: Swim Event.
• Date: Last weekend in July with a rain date of the first weekend in
August.
• Location: Participants will cross the Hudson River between Newburgh and Beacon, New York approximately 1300 yards south of the
Newburgh-Beacon Bridges.
• Event Type: Swim Event.
• Date: 2nd weekend in September.
• Location: Participants will cross the Hudson River in the vicinity of
Nyack, New York between Lower Nyack Ledge and Kingsland Point,
approximately 200 yards north of the Tappan Zee Bridge.
• Event Type: Swim Event.
• Date: 2nd weekend in September.
• Location: Participants will swim in the vicinity of Croton Point Park,
New York between Potato Rock and Harmon, New York from the
shoreline out to 1000 yards.
srobinson on DSK4SPTVN1PROD with PROPOSALS
2.0
2.1
East River
Brooklyn Bridge Swim ......................................................................
• Event Type: Swim Event.
• Date: 2nd weekend in September.
• Location: Participants will swim between Brooklyn and Manhattan,
New York crossing the East River along the Brooklyn Bridge.
3.0
3.1
Western Long Island Sound
Swim Across America ......................................................................
VerDate Mar<15>2010
16:52 Jun 28, 2011
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Frm 00027
Fmt 4702
• Event Type: Swim Event.
• Date: 4th weekend in July and 2nd weekend in August.
Sfmt 4702
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38086
Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Proposed Rules
TABLE 2 TO § 165.160—Continued
• Location: Participants will swim between Glen Cove and Larchmont,
New York and an area of Hempstead Harbor between Glen Cove
and the vicinity of Umbrella Point.
4.0
Upper New York Bay, Lower New York Bay
4.1
Ederle Swim .....................................................................................
4.2
Rose Pitonof Swim ..........................................................................
Dated: May 24, 2011.
L.L. Fagan,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2011–16111 Filed 6–28–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0546]
RIN 1625–AA00
Safety Zone; Labor Day Fireworks,
Ancarrows Landing Park, James River,
Richmond, VA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes
establishing a safety zone on the
navigable waters of James River in
Richmond, VA in support of the Labor
Day Fireworks event. This action is
necessary to provide for the safety of life
on navigable waters during the Labor
Day Fireworks show. This action is
intended to restrict vessel traffic
movement to protect mariners and
spectators from the hazards associated
with aerial fireworks displays.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 29, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0546 using any one of the
following methods:
srobinson on DSK4SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
16:52 Jun 28, 2011
Jkt 223001
• Event Type: Swim Event.
• Date: October.
• Location: Participants will swim between Manhattan, New York and
the north shore of Sandy Hook, New Jersey transiting through the
upper New York Bay, under the Verrazano-Narrows Bridge and
across the Lower New York Bay. The route direction is determined
by the predicted tide state and direction of current on the scheduled
day of the event.
• Event Type: Swim Event.
• Date: The 2nd weekend in August.
• Location: Participants will swim between Manhattan, New York and
the shore of Coney Island, New York transiting through the Upper
New York Bay, under the Verrazano-Narrows Bridge and south in
the Lower New York Bay. The route direction is determined by the
predicted tide state and direction of current on the scheduled day of
the event.
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this notice of
proposed rulemaking, call or e-mail
LCDR Christopher O’Neal, Waterways
Management Division Chief, Sector
Hampton Roads, Coast Guard; telephone
757–668–5581, e-mail
Christopher.A.ONeal@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0546),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2011–0546’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
E:\FR\FM\29JNP1.SGM
29JNP1
]]>Agencies
[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Proposed Rules]
[Pages 38077-38086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16111]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG-2010-1001]
RIN 1625-AA00; 1625-AA08
Special Local Regulations and Safety Zones; Recurring Events in
Captain of the Port New York Zone
AGENCY: Coast Guard, DHS.
[[Page 38078]]
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to remove, add, and consolidate
special local regulations and permanent safety zones in the Coast Guard
Captain of the Port (COTP) New York Zone for annual recurring swim
events, fireworks displays, and marine events (annual recurring
events). When these special local regulations or safety zones are
activated and subject to enforcement, this rule would restrict vessels
from portions of water areas during these annual recurring events. The
revised listing of special local regulations and safety zones would
facilitate public notification of events and help protect the public
and event participants from the hazards associated with these annual
recurring events.
DATES: Comments and related material must be received by the Coast
Guard on or before July 29, 2011. Requests for public meetings must be
received by the Coast Guard on or before July 6, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-1001 using any one of the following methods:
(1) Federal e-Rulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail LTJG Eunice James, Coast Guard; telephone (718)
354-4163, e-mail Eunice.A.James@uscg.mil. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-1001), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-1001'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-1001'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting 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.
For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact LTJG Eunice James at the telephone number or e-mail address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.
Basis and Purpose
The legal basis for the proposed rule is 33 U.S.C. 1225, 1226,
1231, 1233; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
Public Law 107-295, 116 Stat. 2064; and Department of Homeland Security
Delegation No. 0170.1, which collectively authorize the Coast Guard to
define regulatory safety zones and special local regulations.
Swim events, fireworks displays, and marine events are held on an
annual recurring basis on the navigable waters within the COTP Port New
York Zone. In the past, the Coast Guard has established special local
regulations, regulated areas, and safety zones for these annual
recurring events on a case by case basis to ensure the protection of
the maritime public and event participants from the hazards associated
with these events. The Coast Guard has not received public comments or
concerns regarding the impact to waterway traffic from these annually
recurring events.
This proposed rule will consistently apprise the public in a timely
manner through permanent publication in Title
[[Page 38079]]
33 of the Code of Federal Regulations. The TABLES in this proposed
regulation list each annual recurring event requiring a regulated area
as administered by the Coast Guard.
By establishing a permanent regulation containing these annual
recurring events, the Coast Guard would eliminate the need to establish
temporary rules for events that occur on an annual basis, thereby,
limiting the costs associated with cumulative regulations.
This rulemaking will remove, add, and consolidate regulations that
better meet the Coast Guard's intended purpose of ensuring safety
during these events.
Discussion of Proposed Rule
The Coast Guard proposes to add 33 CFR 100.150 and to consolidate
sections 33 CFR 165.161, 165.162, 165.166, 165.168, 165.170 into a new
section, 33 CFR 165.160. The proposed rule would apply to the annual
recurring events listed in the attached TABLES in the COTP New York
Zone. The TABLES provide the event name, and type, as well as locations
of the events. The specific times, dates, regulated areas, and
enforcement period for each event will be provided through the Local
Notice to Mariners, Broadcast Notice to Mariners and online at https://homeport.uscg.mil/newyork or through a Notice of Enforcement published
in the Federal Register.
During enforcement periods, the safety zones in TABLE 1 to Sec.
165.160 will be enforced from 6 p.m. to 1 a.m. each day. The safety
zone will be enforced at the locations listed in TABLE to Sec.
165.160, when a barge with a ``FIREWORKS--STAY AWAY'' sign on the port
and starboard side is on-scene or when a ``FIREWORKS--STAY AWAY'' sign
is posted on land adjacent to the shoreline. Vessels may enter, remain
in, or transit through these safety zones during this time frame if
authorized by the COTP New York or the designated representative.
The particular size of the proposed safety zones established for
each event will be reevaluated on an annual basis in accordance with
Navigational and Vessel Inspection Circular (NVIC) 07-02, Marine Safety
at Firework Displays, the National Fire Protection Association Standard
1123, Code for Fireworks Displays (30-yard distance per inch of
diameter of the fireworks mortars), and other pertinent regulations and
publications.
This proposed regulation would prevent vessels from transiting
areas specifically designated as special local regulations or safety
zones during the periods of enforcement to ensure the protection of the
maritime public and event participants from the hazards associated with
the listed annual recurring events. Only event sponsors, designated
participants, and official patrol vessels will be allowed to enter
regulated areas. Spectators and other vessels not registered as event
participants may not enter the safety zones without the permission of
the COTP or the designated representative.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, 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.
We expect the economic impact of this proposed rule to be minimal.
Although this regulation may have some impact on the public, the
potential impact will be minimized for the following reasons:
The Coast Guard has previously promulgated safety zones or special
local regulations, in accordance with 33 CFR Parts 100 and 165, for all
event areas contained within this proposed regulation and has not
received notice of any negative impact caused by any of the safety
zones or special local regulations. By establishing a permanent
regulation containing all of these events, the Coast Guard will
eliminate the need to establish individual temporary rules for each
separate event that occurs on an annual basis, thereby limiting the
costs of cumulative regulations.
Vessels will only be restricted from safety zones and special local
regulation areas for a short duration of time. Vessels may transit in
portions of the affected waterway except for those areas covered by the
proposed regulated areas. Notifications of exact dates and times of the
enforcement period will be made to the local maritime community through
the Local Notice to Mariners and Broadcast Notice to Mariners and, if
possible, through a Notice of Enforcement in the Federal Register. No
new or additional restrictions would be imposed on vessel traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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: Owners or operators of
vessels intending to transit, fish, or anchor in the areas where the
listed annual recurring events are being held.
The proposed rule would not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessels
will only be restricted from safety zones and special local regulation
areas for a short duration of time; vessels may transit in portions of
the affected waterway except for those areas covered by the proposed
regulated areas; the Coast Guard has promulgated safety zones or
special local regulations in accordance with 33 CFR Parts 100 and 165
for all event areas in the past and has not received notice of any
negative impact caused by any of the safety zones or special local
regulations; notifications of exact dates and times of the enforcement
period will be made to the local maritime community through the Local
Notice to Mariners and Broadcast Notice to Mariners or through a Notice
of Enforcement in the Federal Register. No new or additional
restrictions would be imposed on vessel traffic.
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
[[Page 38080]]
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed under FOR FURTHER INFORMATION CONTACT. The
Coast Guard will not retaliate against small entities that question or
complain about this proposed rule or any policy or action of the Coast
Guard.
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
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would not affect 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 would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272) directs agencies to use voluntary consensus standards in
their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action appears to be
one of a category of actions which do not individually or cumulatively
have a significant effect on the human environment.
A preliminary environmental analysis checklist supporting this
determination will be available in the docket where indicated under
ADDRESSES. This proposed rule involves establishment of safety zones
for fireworks displays and swimming events as well as special local
regulations for a power boat race. As such, it appears that this action
will qualify for Coast Guard Categorical Exclusions (34) (g) and (h),
respectively, as described in figure 2-1 of the Commandant Instruction.
We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Parts 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
2. Add a new Sec. 100.150 to read as follows:
Sec. 100.150 Special Local Regulations; Marine Events in the Coast
Guard Sector New York Captain of the Port Zone.
The following regulations apply to the marine events listed in the
TABLE to Sec. 100.150. These regulations will be enforced for the
duration of each event, on or about the dates indicated. Annual notice
of the exact dates and times of the effective period of the regulations
with respect to each event, the geographical area, and details
concerning the nature of the event and the number of participants and
type(s) of vessels involved will be published in a Local Notices to
Mariners and broadcast over VHF. First Coast Guard District Local
Notice to Mariners can be found at: https://www.navcen.uscg.gov/. The
Sector New York Marine Events
[[Page 38081]]
schedule can also be viewed electronically at https://www.homeport.uscg.mil/newyork. Although listed in the Code of Federal
Regulations, sponsors of events listed in TABLE to Sec. 100.150 are
still required to submit marine event applications in accordance with
33 CFR 100.15.
(a) Definitions. The following definitions apply to this section:
(1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port, Sector
New York (COTP), to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(b) Vessel operators desiring to enter or operate within the
regulated areas shall contact the COTP or the designated representative
via VHF channel 16 or 718-354-4353 (Sector New York command center) to
obtain permission to do so.
(c) Vessels may not transit the regulated areas without the COTP or
designated representative approval. Vessels permitted to transit must
operate at a no wake speed, in a manner which will not endanger
participants or other crafts in the event.
(d) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP or designated representative.
(e) The COTP or designated representative may control the movement
of all vessels in the regulated area. When hailed or signaled by an
official patrol vessel, a vessel shall come to an immediate stop and
comply with the lawful directions issued. Failure to comply with a
lawful direction may result in expulsion from the area, citation for
failure to comply, or both.
(f) The COTP or designated representative may delay or terminate
any marine event in this subpart at any time it is deemed necessary to
ensure the safety of life or property.
(g) For all power boat races listed, vessels not participating in
this event, swimmers, and personal watercraft of any nature are
prohibited from entering or moving within the regulated area unless
authorized by the COTP or designated representative. Vessels within the
regulated area must be at anchor within a designated spectator area or
moored to a waterfront facility in a way that will not interfere with
the progress of the event.
Table to Sec. 100.150
------------------------------------------------------------------------
------------------------------------------------------------------------
1.0 Hudson River
------------------------------------------------------------------------
1.1 New York Super Boat Race........... Event type: Power Boat
Race.
Date: The weekend
after Labor Day.
Location: All waters
of the Lower Hudson River
south of a line drawn from the
northwest corner of Pier 76 in
Manhattan to a point on the
New Jersey shore in Weehawken,
New Jersey at approximate
position 40[deg]45'52'' N
074[deg]01'01'' W (NAD 1983)
and north of a line connecting
the following points (all
coordinates are NAD 1983):
40[deg]42'16.0'' N,
074[deg]01'09.0'' W; thence to
40[deg]41'55.0'' N,
074[deg]01'16.0'' W; thence to
40[deg]41'47.0'' N,
074[deg]01'36.0'' W; thence to
40[deg]41'55.0'' N,
074[deg]01'59.0'' W; thence to
40[deg]42'20.5'' N,
074[deg]02'06.0'' W.
------------------------------------------------------------------------
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
3. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1225, 1226, 1231; 46 U.S.C. Chapter 701,
3306, 3703; 33 CFR 1.05-1 and 160.5; Pub. L. 107-295, 116 Stat.
2064; Department of Homeland Security Delegation No. 0170.1.
4. Remove Sec. Sec. 165.161, 165.162, 165.168 and 165.170 from 33
CFR part 165.
5. Add a new Sec. 165.160 to read as follows:
Sec. 165.160 Safety Zones; Fireworks Displays and Swim Events in
Coast Guard Captain of the Port New York Zone.
(a) Regulations. The general regulations contained in 33 CFR 165.23
as well as the following regulations apply to the fireworks displays
and swim events listed in TABLES 1 and 2 to Sec. 165.160.
These regulations will be enforced for the duration of each event.
Notifications of exact dates and times of the enforcement period will
be made to the local maritime community through the Local Notice to
Mariners and Broadcast Notice to Mariners or through a Notice of
Enforcement in the Federal Register well in advance of the events.
Mariners should consult the Federal Register or their Local Notice to
Mariners to remain apprised of schedule or event changes. First Coast
Guard District Local Notice to Mariners can be found at https://www.navcen.uscg.gov/. The Captain of the Port Sector New York Marine
Events schedule can also be viewed electronically at https://www.homeport.uscg.mil/newyork. Although listed in the Code of Federal
Regulations, sponsors of events listed in TABLES 1 and 2 to Sec.
165.160 are still required to submit marine event applications in
accordance with 33 CFR 100.15.
(b) Definitions. The following definitions apply to this section:
(1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port, Sector
New York (COTP), to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
[[Page 38082]]
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(b) Vessel operators desiring to enter or operate within the
regulated areas shall contact the COTP or the designated representative
via VHF channel 16 or 718-354-4353 (Sector New York command center) to
obtain permission to do so.
(c) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP or designated representative.
(d) Upon being hailed by a U.S. Coast Guard vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
(e) The COTP or designated representative may delay or terminate
any marine event in this subpart at any time it is deemed necessary to
ensure the safety of life or property.
(f) The regulated area for all fireworks displays listed in TABLE 1
to Sec. 165.160 is that area of navigable waters within a 360 yard
radius of the launch platform or launch site for each fireworks
display, unless otherwise noted in TABLE 1 to Sec. 165.160 or modified
in USCG First District Local Notice to Mariners at: https://www.navcen.uscg.gov/.
(g) Fireworks barges used in these locations will also have a sign
on their port and starboard side labeled ``FIREWORKS--STAY AWAY''. This
sign will consist of 10 inch high by 1.5 inch wide red lettering on a
white background. Shore sites used in these locations will display a
sign labeled ``FIREWORKS--STAY AWAY'' with the same dimensions. These
zones will be enforced from 6 p.m. (e.s.t.) to 1 a.m. (e.s.t.) each day
a barge with a ``FIREWORKS--STAY AWAY'' sign on the port and starboard
side is on-scene or a ``FIREWORKS--STAY AWAY'' sign is posted in a
location listed in TABLE 1 to Sec. 165.160.
(h) For all swim events listed in TABLE 2 to Sec. 165.160, vessels
not associated with the event shall maintain a separation of at least
100 yards from the participants.
Table 1 to Sec. 165.160
------------------------------------------------------------------------
------------------------------------------------------------------------
1.0 Hudson River
------------------------------------------------------------------------
1.1 Macy's 4th of July Fireworks....... Event Type: Fireworks.
Date: July 4th with a
rain date of July 5th.
Location: All waters
of the Hudson River bounded by
a line drawn east from
approximate position
40[deg]46'35.43'' N,
074[deg]00'37.53'' W in New
Jersey, to approximate
position 40[deg]46'16.98'' N,
073[deg]59'52.34'' W in New
York, thence south along the
Manhattan shoreline to
approximate position
40[deg]44'48.98'' N,
074[deg]00'41.06'' W, then
west to approximate position
40[deg]44'55.91'' N,
074[deg]01'24.94'' W, (NAD
83). Then north along the New
Jersey shoreline and back to
the point of origin.
------------------------------------------------------------------------
2.0 New York Harbor
------------------------------------------------------------------------
2.1 Liberty Island Safety Zone......... Launch site: A barge
located 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. This Safety
Zone is a 360-yard radius from
the barge.
2.2 Ellis Island Safety Zone........... Launch site: A 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. This Safety Zone is a
360-yard radius from the
barge.
2.3 South Ellis Island Safety Zone..... Launch site: A barge
located in approximate
position 40[deg]41'39.9'' N
074[deg]02'33.7'' W (NAD
1983), about 260 yards south
of Ellis Island. This Safety
Zone is a 240-yard radius from
the barge.
2.4 South Beach, Staten Island Safety Launch site: A barge
Zone. 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. This
Safety Zone is a 360-yard
radius from the barge.
2.5 Raritan Bay Safety Zone............ Launch site: A barge
located 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). This
Safety Zone is a 240-yard
radius from the barge.
2.6 Coney Island Safety Zone........... Launch site: A land
shoot from the south end of
Steeplechase Pier, Coney
Island in approximate position
40[deg]34'11'' N
073[deg]59'00'' W (NAD 1983).
This Safety Zone is a 250-yard
radius from the launch site.
2.7 Arthur Kill, Elizabeth, NJ Safety Launch site: A land
Zone. shoot located 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). This Safety Zone is a
150-yard radius from the
launch site.
2.8 Rockaway Beach Safety Zone......... Launch site: A barge
located in approximate
position 40[deg]34'28.2'' N
073[deg]50'00'' W (NAD 1983),
350 yards off of Beach 116th
Street. This Safety Zone is a
360-yard radius from the
barge.
2.9 Rockaway Inlet Safety Zone......... Launch site: A barge
located in approximate
position 40[deg]34'19.1'' N
073[deg]54'43.5'' W (NAD
1983). 1200 yards south of
Point Breeze. This Safety Zone
is a 360-yard radius from the
barge.
[[Page 38083]]
2.10 Pierhead Channel, NJ Safety Zone.. Launch site: A barge
located in approximate
position 40[deg]39'18.8'' N
074[deg]04'39.1'' W (NAD
1983), approximately 350 yards
north of the Kill Van Kull
Channel. This Safety Zone is a
360-yard radius from the
barge.
2.11 Midland Beach, Staten Island Launch site: A barge
Safety Zone. located in approximate
position 40[deg]34'12'' N
074[deg]04'29.6'' W (NAD
1983), approximately 800 yards
southeast of Midland Beach.
This Safety Zone is a 500-yard
radius from the barge.
2.12 Wolfes Pond Park, Staten Island Launch site: A barge
Safety Zone. located in approximate
position 40[deg]30'52.1'' N
074[deg]10'58.8'' W (NAD
1983), approximately 540 yards
east of Wolfe's Pond Park.
This Safety Zone is a 500-yard
radius from the barge.
2.13 Ocean Breeze Fishing Pier, Staten Launch site: A barge
Island Safety Zone. located in approximate
position 40[deg]34'46.3'' N
074[deg]04'02.0'' W (NAD
1983), approximately 1150
yards west of Hoffman Island.
This Safety Zone is a 360-yard
radius from the barge.
2.14 Fort Hamilton Safety Zone......... Launch site: A barge
located in approximate
position 40[deg]36'00'' N
074[deg]01'42.5'' W (NAD
1983), approximately 1400
yards southeast of the
Verrazano-Narrows Bridge. This
Safety Zone is a 240-yard
radius from the barge.
2.15 Liberty State Park Safety Zone.... Launch site: A barge
located in approximate
position 40[deg]41'20.32'' N
074[deg]03'29.35'' W (NAD
1983), approximately 334 yards
south of Pier 7, Liberty State
Park, Jersey City, New Jersey.
This Safety Zone is a 240-yard
radius from the barge.
2.16 Rumson, NJ, Safety Zone........... Launch site: A barge
located in approximate
position 40[deg]22'39.1'' N
074[deg]01'07.3'' W (NAD
1983), approximately 600 yards
south of the Oceanic Bridge.
This Safety Zone is a 300-yard
radius from the barge.
2.17 Red Bank, NJ, Safety Zone......... Launch site: A barge
located in approximate
position 40[deg]21'20'' N
074[deg]04'10'' W (NAD 1983),
approximately 360 yards
northwest of Red Bank, NJ.
This Safety Zone is a 240-yard
radius from the barge.
------------------------------------------------------------------------
3.0 Western Long Island Sound
------------------------------------------------------------------------
3.1 Peningo Neck, Western Long Island Launch site: A barge
Sound safety zone. located in approximate
position 40[deg]56'21'' N
073[deg]41'23'' W (NAD 1983),
approximately 525 yards east
of Milton Point, Peningo Neck,
New York. This Safety Zone is
a 300-yard radius from the
barge.
3.2 Satans Toe, Western Long Island Launch Site: A barge
Sound Safety Zone. located in approximate
position 40[deg]55'21'' N
073[deg]43'41'' W (NAD 1983),
approximately 635 yards
northeast of Larchmont Harbor
(East Entrance) Light 2 (LLNR
25720). This Safety Zone is a
360-yard radius from the
barge.
3.3 Larchmont, NY, Western Long Island Launch site: A barge
Sound Safety Zone. located in approximate
position 40[deg]54'45'' N
073[deg]44'55'' W (NAD 1983),
approximately 450 yards
southwest of the entrance to
Horseshoe Harbor. This Safety
Zone is a 240-yard radius from
the barge.
3.4 Manursing Island, Western Long Launch site: A barge
Island Sound Safety Zone. located in approximate
position 40[deg]57'47'' N
073[deg]40'06'' W (NAD 1983),
approximately 380 yards north
of Rye Beach Transport Rock
Buoy 2 (LLNR 25570). This
Safety Zone is a 360-yard
radius from the barge.
3.5 Glen Island, Western Long Island Launch site: A barge
Sound Safety Zone. located in approximate
position 40[deg]53'12'' N
073[deg]46'33'' W (NAD 1983),
approximately 350 yards east
of the northeast corner of
Glen Island, New York. This
Safety Zone is a 240-yard
radius from the barge.
3.6 Twin Island, Western Long Island Launch site: A land
Sound Safety Zone. shoot located on the east end
of Orchard Beach, New York in
approximate position
40[deg]52'10'' N
073[deg]47'07'' W (NAD 1983).
This Safety Zone is a 200-yard
radius from the launch site.
3.7 Davenport Neck, Western Long Island Launch site: A barge
Sound Safety Zone. located in Federal Anchorage 1-
A in approximate position
40[deg]53'46'' N
073[deg]46'04'' W (NAD 1983),
approximately 360 yards north
of Emerald Rock Buoy (LLNR
25810). This Safety Zone is a
360-yard radius from the
barge.
3.8 Glen Cove, Hempstead Harbor Safety Launch site: A barge
Zone. located in approximate
position 40[deg]51'58'' N
073[deg]39'34'' W (NAD 1983),
approximately 500 yards
northeast of Glen Cove
Breakwater Light 5 (LLNR
27065). This Safety Zone is a
360-yard radius from the
barge.
3.9 Bar Beach, Hempstead Harbor Safety Launch site: A barge
Zone. located in approximate
position 40[deg]49'50'' N
073[deg]39'12'' W (NAD 1983),
approximately 190 yards north
of Bar Beach, Hempstead
Harbor, New York. This Safety
Zone is a 180-yard radius from
the barge.
3.10 Larchmont Harbor (north), Western Launch site: A barge
Long Island Sound Safety Zone. located in approximate
position 40[deg]55'21.8'' N
073[deg]44'21.7'' W (NAD
1983), approximately 560 yards
north of Umbrella Rock. This
Safety Zone is a 240-yard
radius from the barge.
[[Page 38084]]
3.11 Orchard Beach, The Bronx Safety Launch site: All
Zone. waters of Long Island Sound in
an area bound by the following
points: 40[deg]51'43.5'' N
073[deg]47'36.3'' W; thence to
40[deg]52'12.2'' N
073[deg]47'13.6'' W; thence to
40[deg]52'02.5'' N
073[deg]46'47.8'' W; thence to
40[deg]51'32.3'' N
073[deg]47'09.9'' W (NAD
1983), thence to the point of
origin.
3.12 Larchmont Harbor (south), Western Launch site: A barge
Long Island Sound Safety Zone. located in approximate
position 40[deg]55'16'' N
073[deg]44'15'' W (NAD 1983),
approximately 440 yards north
of Umbrella Rock, Larchmont
Harbor, New York. This Safety
Zone is a 240-yard radius from
the barge.
3.13 Sands Point Western Long Island Launch site: A barge
Sound Safety Zone. located in approximate
position 40[deg]52'03'' N
073[deg]43'39'' W (NAD 1983),
northeast of Hart Island, in
the vicinity of Sands Point,
New York. This Safety Zone is
a 180-yard radius from the
barge.
3.14 Echo Bay, Western Long Island Launch site: A barge
Sound Safety Zone. located in approximate
position 40[deg]54'39.9'' N
073[deg]45'50.3'' W (NAD
1983), southeast portion of
Clifford Island, New York.
This Safety Zone is a 180-yard
radius from the barge.
------------------------------------------------------------------------
4.0 East River
------------------------------------------------------------------------
4.1 Wards Island, East River Safety Launch site: A barge
Zone. located in approximate
position 40[deg]46'57.8'' N
073[deg]55'28.6'' W (NAD
1983), approximately 330 yards
north of the Robert F. Kennedy
Bridge (Triborough Bridge)
Bridge. This Safety Zone is a
150-yard radius from the
barge.
4.2 Newtown Creek, East River Safety Launch site: A barge
Zone. located in approximate
position 40[deg]44'24'' N
073[deg]58'00'' W (NAD 1983),
approximately 785 yards south
of Belmont Island. This Safety
Zone is a 360-yard radius from
the barge.
4.3 Corlears, East River Safety Zone... Launch site: A barge
located in approximate
position 40[deg]42'34.53'' N
073[deg]58'33.37'' W (NAD
1983), approximately 570 yards
south of the Williamsburg
Bridge, 250 yards west of
Railroad Avenue, Corlears
Hook, New York. This Safety
Zone is a 180-yard radius from
the barge.
4.4 Seaport, East River Safety Zone.... Safety zone: 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 southeast
corner of Pier 6, Manhattan.
------------------------------------------------------------------------
5.0 Hudson River
------------------------------------------------------------------------
5.1 Pier 60, Hudson River Safety Zone.. Launch site: A barge
located in approximate
position 40[deg]44'49'' N
074[deg]01'02'' W (NAD 1983),
approximately 500 yards west
of Pier 60, Manhattan, New
York. This Safety Zone is a
360-yard radius from the
barge.
5.2 The Battery, Hudson River Safety Launch site: A barge
Zone. located in approximate
position 40[deg]42'00'' N
074[deg]01'17'' W (NAD 1983),
approximately 500 yards south
of The Battery, Manhattan, New
York. This Safety Zone is a
360-yard radius from the
barge.
5.3 Battery Park City, Hudson River Launch site: A barge
Safety Zone. located in approximate
position 40[deg]42'39'' N
074[deg]01'21'' W (NAD 1983),
approximately 480 yards
southwest of North Cove Yacht
Harbor, Manhattan, New York.
This Safety Zone is a 360-yard
radius from the barge.
5.4 Pier 90, Hudson River Safety Zone.. Launch site: A barge
located in approximate
position 40[deg]46'11.8'' N
074[deg]00'14.8'' W (NAD
1983), approximately 375 yards
west of Pier 90, Manhattan,
New York. This Safety Zone is
a 360-yard radius from the
barge.
5.5 Yonkers, NY, Hudson River Safety Launch site: A barge
Zone. located in approximate
position 40[deg]56'14.5'' N
073[deg]54'33'' W (NAD 1983),
approximately 475 yards
northwest of the Yonkers
Municipal Pier, New York. This
Safety Zone is a 360-yard
radius from the barge.
5.6 Hastings-on-Hudson, Hudson River Launch site: A barge
Safety Zone. located in approximate
position 40[deg]59'44.5'' N
073[deg]53'28'' W (NAD 1983),
approximately 425 yards west
of Hastings-on-Hudson, New
York. This Safety Zone is a
360-yard radius from the
barge.
5.7 Pier D, Hudson River Safety Zone... Launch site: A barge
located in approximate
position 40[deg]42'57.5'' N
074[deg]01'34'' W (NAD 1983),
approximately 375 yards
southeast of Pier D, Jersey
City, New Jersey. This Safety
Zone is a 360-yard radius from
the barge.
5.8 Pier 54, Hudson River Safety Zone.. Launch site: A barge
located in approximate
position 40[deg]44'31'' N
074[deg]01'00'' W (NAD 1983),
approximately 380 yards west
of Pier 54, Manhattan, New
York. This Safety Zone is a
360-yard radius from the
barge.
5.9 Pier 84, Hudson River Safety Zone.. Launch site: A barge
located in approximate
position 40[deg]45'56.9'' N
074[deg]00'25.4'' W (NAD
1983), approximately 380 yards
west of Pier 84, Manhattan,
New York. This Safety Zone is
a 360-yard radius from the
barge.
[[Page 38085]]
5.10 Peekskill Bay, Hudson River Safety Launch site: A barge
Zone. located in approximate
position 41[deg]17'16'' N
073[deg]56'18'' W (NAD 1983),
approximately 670 yards north
of Travis Point. This Safety
Zone is a 360-yard radius from
the barge.
5.11 Jersey City, NJ, Hudson River Launch site: A barge
Safety Zone. located in approximate
position 40[deg]42'37.3'' N
074[deg]01'41.6'' W (NAD
1983), approximately 420 yards
east of Morris Canal Little
Basin. This Safety Zone is a
360-yard radius from the
barge.
5.12 Newburgh, NY, Hudson River Safety Launch site: A barge
Zone. located in approximate
position 41[deg]30'01.2'' N
073[deg]59'42.5'' W (NAD
1983), approximately 930 yards
east of Newburgh, New York.
This Safety Zone is a 360-yard
radius from the barge.
5.13 Poughkeepsie, NY, Hudson River Launch site: A barge
Safety Zone. located in approximate
position 41[deg]42'24.50'' N
073[deg]56'44.16'' W (NAD
1983), approximately 420 yards
north of the Mid Hudson
Bridge. This Safety Zone is a
300-yard radius from the
barge.
5.14 Pier 40, Hudson River Safety Zone. Launch site: A barge
located in approximate
position 40[deg]43'30'' N
074[deg]01'06.7'' W (NAD
1983), in the vicinity of the
Holland Tunnel Ventilator, 530
yards south of Pier 40,
Manhattan, New York. This
Safety Zone is a 240-yard
radius from the barge.
5.15 Fort Tryon Park, Hudson River Launch site: A barge
Safety Zone. located in approximate
position 40[deg]51'52'' N
073[deg]56'24'' W (NAD 1983),
approximately 1750 yards north
of the George Washington
Bridge. This Safety Zone is a
180-yard radius
