Special Local Regulations and Safety Zones; Recurring Events in Captain of the Port New York Zone, 69613-69622 [2011-28847]

Download as PDF Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations summary impact statement. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this amendment. Executive Order 12866 The Department is of the opinion that controlling the import and export of defense articles and services is a foreign affairs function of the United States Government and that rules governing the conduct of this function are exempt from the requirements of Executive Order 12866. However, the Department has reviewed the proposed rule to ensure its consistency with the regulatory philosophy and principles set forth in the Executive Order. Executive Order 12988 The Department of State has reviewed the proposed amendment in light of sections 3(a) and 3(b) (2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. Executive Order 13563 The Department of State has considered this rule in light of Executive Order 13563, dated January 18, 2011, and affirms that this regulation is consistent with the guidance therein. Executive Order 13175 The Department has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not pre-empt tribal law. Accordingly, the requirements of Executive Order 13175 do not apply to this rulemaking. Paperwork Reduction Act This rule does not impose any new reporting or recordkeeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. List of Subjects in 22 CFR Part 126 Arms and munitions, Exports. Accordingly, for the reasons set forth above, Title 22, Chapter I, Subchapter M, part 126 is amended as follows: PART 126—GENERAL POLICIES AND PROVISIONS 1. The authority citation for part 126 continues to read as follows: jlentini on DSK4TPTVN1PROD with RULES ■ Authority: Secs. 2, 38, 40, 42, and 71, Pub. L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2780, 2791, and 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp., p.79; 22 U.S.C. 2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, 1994 Comp., p.899; Sec. 1225, Pub. L. 108–375; Sec. 7089, Pub. L. 111–117. VerDate Mar<15>2010 16:26 Nov 08, 2011 Jkt 226001 2. Section 126.1 is amended by revising paragraphs (c)(11) and (d), and adding paragraph (v), to read as follows: ■ § 126.1 Prohibited exports and sales to certain countries. * * * * * (c) * * * (11) The Republic of the Sudan (see also paragraph (v) of this section). (d) Terrorism. Exports to countries which the Secretary of State has determined to have repeatedly provided support for acts of international terrorism are contrary to the foreign policy of the United States and are thus subject to the policy specified in paragraph (a) of this section and the requirements of section 40 of the Arms Export Control Act (22 U.S.C. 2780) and the Omnibus Diplomatic Security and Anti-Terrorism Act of 1986 (22 U.S.C. 4801, note). The countries in this category are: Cuba, Iran, the Republic of the Sudan, and Syria. * * * * * (v) Sudan. It is the policy of the United States to deny licenses or other approvals for exports or imports of defense articles and defense services destined for or originating in the Republic of the Sudan, except a license or other approval may be issued, on a case-by-case basis, for: (1) Supplies and related technical training and assistance to monitoring, verification, or peace support operations, including those authorized by the United Nations or operating with the consent of the relevant parties; (2) Supplies of non-lethal military equipment intended solely for humanitarian, human rights monitoring, or protective uses and related technical training and assistance; (3) Personal protective gear for the personal use of United Nations personnel, human rights monitors, representatives of the media, and humanitarian and development workers and associated personnel; or (4) Assistance and supplies provided in support of implementation of the Comprehensive Peace Agreement. Note to § 126.1. On July 9, 2011, the Republic of South Sudan declared independence from Sudan and was recognized as a sovereign state by the United States. This policy does not apply to the Republic of South Sudan. Licenses or other approvals for exports or imports of defense articles and defense services destined for or originating in the Republic of the South Sudan will be considered on a case-by-case basis. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 69613 Dated: November 2, 2011. Ellen O. Tauscher, Under Secretary, Arms Control and International Security, Department of State. [FR Doc. 2011–29041 Filed 11–4–11; 8:45 am] BILLING CODE 4710–25–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 Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is removing, adding, and consolidating special local regulations and establishing 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 will restrict vessels from portions of water areas during these annual recurring events. The special local regulations and safety zones will facilitate public notification of events and help protect the public and event participants from the hazards associated with these annual recurring events. DATES: This rule is effective December 9, 2011. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2010–1001 and are available online by going to https:// www.regulations.gov, inserting USCG– 2010–1001 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ This material is also available for inspection or copying at the 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email LTJG Eunice James, Coast Guard; telephone (718) 354–4163, email Eunice.A.James@uscg.mil. If you have questions on viewing or submitting SUMMARY: E:\FR\FM\09NOR1.SGM 09NOR1 69614 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Regulatory Information On June 29, 2011, we published a notice of proposed rulemaking (NPRM) entitled Special Local Regulations and Safety Zones; Recurring Events in Captain of the Port New York Zone in the Federal Register (76 FR 125). We received no comments on the proposed rule. No public meeting was requested and none was held. jlentini on DSK4TPTVN1PROD with RULES 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 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 rule will consistently apprise the public in a timely manner through permanent publication in Title 33 of the Code of Federal Regulations. The TABLES in this 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 has removed, added, and consolidated regulations that better meet the Coast Guard’s intended purpose of ensuring safety during these events. Background The Coast Guard is adding 33 CFR 100.150 and consolidating sections 33 CFR 165.161, 165.162, 165.166, 165.168, 165.170 into a new section, 33 CFR 165.160. The rule applies to the annual VerDate Mar<15>2010 16:26 Nov 08, 2011 Jkt 226001 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 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 on land adjacent to the shoreline, in a location listed in the TABLE 1 to § 165.160. 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 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 regulation will 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. Discussion of Comments and Changes The Coast Guard made the following changes to the published NPRM regulatory text: Safety zones listed in Table 1 to § 165.160 have been reordered and renumbered to more accurately reflect their geographical locations. In the published NPRM regulatory text, the Rumson, NJ, Safety Zone and the Red Bank, NJ, Safety Zone were listed under the heading ‘‘New York Harbor’’ in Table 1 to § 165.160 and numbered as 2.16 and 2.17. They are now listed PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 under the ‘‘Navesink River’’ heading in Table 1 to § 165.160 and numbered 7.2 and 7.3 respectively. Keyport, NJ, Safety Zone was not included in the NPRM and is now listed under the heading ‘‘Navesink River’’ and numbered as 7.1. Since The Coast Guard has previously established a temporary safety zone at this location in the past and has not received public comments or concerns regarding the impact to waterway traffic, we decided it should be included in this recurring events regulation. In the regulatory text under § 165.160(a), the existing text reads as follows: ‘‘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’’. We revised the text to help the public better understand our intentions regarding notification of enforcement of the safety zones. Regulatory Analyses We developed this 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. Executive Order 12866 and Executive Order 13563 This 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 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 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. E:\FR\FM\09NOR1.SGM 09NOR1 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations jlentini on DSK4TPTVN1PROD with RULES 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 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 or 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 rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule would affect the following entities, some of which might be small entities: Owners or operators of vessels intending to transit, fish, or anchor in the areas where the listed annual recurring events are being held. The 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 time; vessels may transit in portions of the affected waterway except for those areas covered by the 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. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), in the NPRM we offered to assist small VerDate Mar<15>2010 16:26 Nov 08, 2011 Jkt 226001 entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1–888–REG–FAIR (1–(888) 734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Federalism 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 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 69615 minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does 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 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 note) 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 rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. E:\FR\FM\09NOR1.SGM 09NOR1 69616 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations Environment We have analyzed this 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 concluded this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34) (g) and (h) of the Instruction. This rule involves establishment of special local regulations and safety zones. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. 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 amends 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–FM radio. First Coast Guard District Local Notice to Mariners can be found at: https:// www.navcen.uscg.gov/. The 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 the 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. (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 ............................................................................................................. jlentini on DSK4TPTVN1PROD with RULES 1.1 New York Super Boat Race ............................................................ VerDate Mar<15>2010 17:58 Nov 08, 2011 Jkt 226001 PO 00000 Frm 00016 Fmt 4700 Hudson River • 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, New York 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. Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations 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. 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 swim events listed in Tables 1 and 2 to § 165.160. These regulations will be enforced for the duration of each event. Notifications will be made to the local maritime community through the Local Notice to Mariners and Broadcast Notice to Mariners well in advance of the events. If the event does not have a date listed, then exact dates and times of the enforcement period will be announced through a Notice of Enforcement in the Federal Register. 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 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 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. (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. 69617 (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. Rain Date: 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. jlentini on DSK4TPTVN1PROD with RULES 2.0 2.1 New York Harbor Liberty Island Safety Zone ............................................................... VerDate Mar<15>2010 17:58 Nov 08, 2011 Jkt 226001 PO 00000 Frm 00017 Fmt 4700 • 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. Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1 69618 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations TABLE 1 TO § 165.160—Continued 2.2 Ellis Island Safety Zone ................................................................... • 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. 2.3 South Ellis Island Safety Zone ........................................................ • 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. 2.4 South Beach, Staten Island Safety Zone ........................................ • 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. 2.5 Raritan Bay Safety Zone ................................................................. • 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. 2.6 Coney Island Safety Zone ............................................................... • 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. 2.7 Arthur Kill, Elizabeth, NJ Safety Zone ............................................. • 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. 2.8 Rockaway Beach Safety Zone ........................................................ • 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. 2.9 Rockaway Inlet Safety Zone ............................................................ • 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. 2.10 Pierhead Channel, 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. 2.11 Midland Beach, Staten Island Safety Zone ................................... • 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. 2.12 Wolfes Pond Park, Staten Island Safety Zone .............................. • 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. 2.13 Ocean Breeze Fishing Pier, Staten Island Safety Zone ............... • 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. 2.14 Fort Hamilton Safety Zone ............................................................. • 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. 2.15 Liberty State Park Safety Zone ..................................................... • 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. jlentini on DSK4TPTVN1PROD with RULES 3.0 3.1 Western Long Island Sound Peningo Neck, Western Long Island Sound safety zone ................ VerDate Mar<15>2010 16:26 Nov 08, 2011 Jkt 226001 PO 00000 Frm 00018 Fmt 4700 • 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. Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations 69619 TABLE 1 TO § 165.160—Continued 3.2 Satans Toe, Western Long Island Sound Safety Zone ................... • 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. 3.3 Larchmont, NY, Western Long Island Sound Safety Zone ............. • 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. 3.4 Manursing Island, Western Long Island Sound Safety Zone .......... • 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. 3.5 Glen Island, Western Long Island Sound Safety Zone ................... • 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. 3.6 Twin Island, Western Long Island Sound Safety Zone ................... • 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. 3.7 Davenport Neck, Western Long Island Sound Safety Zone ........... • 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. 3.8 Glen Cove, Hempstead Harbor Safety Zone .................................. • 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. 3.9 Bar Beach, Hempstead Harbor Safety Zone ................................... • 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. 3.10 Larchmont Harbor (north), Western Long Island Sound Safety Zone. • 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. 3.11 Orchard Beach, The Bronx 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. 3.12 Larchmont Harbor (south), Western Long Island Sound Safety Zone. • 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. 3.13 Sands Point Western Long Island Sound Safety Zone ................. • 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. 3.14 Echo Bay, Western Long Island Sound Safety Zone .................... • Launch site: A shore launch located in approximate position 40°54′34.41″ N 073°45′56.61″ W (NAD 1983), southeast portion of Harrison Island, New York. This Safety Zone is a 180-yard radius from the barge. 4.0 East River jlentini on DSK4TPTVN1PROD with RULES 4.1 Wards Island, 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. 4.2 Newtown Creek, East River Safety Zone ........................................ • 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. VerDate Mar<15>2010 17:58 Nov 08, 2011 Jkt 226001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1 69620 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations TABLE 1 TO § 165.160—Continued 4.3 Corlears, East River Safety Zone .................................................... • 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. 4.4 Seaport, East River Safety Zone ..................................................... • Launch site: 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 ................................................. • 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. 5.2 The Battery, Hudson River Safety Zone ......................................... • 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. 5.3 Battery Park City, Hudson River Safety Zone ................................. • Launch site: A barge located in approximate position 40°42′39″ N 074°01′21″ W (NAD 1983), approximately 480 yard 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°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. 5.5 Yonkers, NY, Hudson River Safety Zone ........................................ • 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. 5.6 Hastings-on-Hudson, Hudson River Safety Zone ........................... • 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. 5.7 Pier D, Hudson River Safety Zone .................................................. • 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. 5.8 Pier 54, Hudson River Safety Zone ................................................. • 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. 5.9 Pier 84, Hudson River Safety Zone ................................................. • 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. 5.10 Peekskill Bay, 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. 5.11 jlentini on DSK4TPTVN1PROD with RULES 5.1 Jersey City, NJ, Hudson River Safety Zone .................................. • 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. 5.12 Newburgh, NY, Hudson River Safety Zone ................................... • 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. VerDate Mar<15>2010 16:26 Nov 08, 2011 Jkt 226001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations 69621 TABLE 1 TO § 165.160—Continued 5.13 Poughkeepsie, NY, Hudson River Safety Zone ............................ • 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. 5.14 Pier 40, Hudson River Safety Zone ............................................... • 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. 5.15 Fort Tryon Park, Hudson River Safety Zone ................................. • 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. 7.0 Navesink River 7.1 Keyport, NJ, Safety Zone ................................................................ Launch site: A barge located in approximate position 40°26′24″ N 074°12′18″ W (NAD 1983), approximately 200 yards north of Keyport, NJ. This Safety Zone is a 150-yard radius from the barge. 7.2 Rumson, NJ, Safety Zone ............................................................... • 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. 7.3 Red Bank, NJ, Safety Zone ............................................................. 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 300-yard radius from the barge. TABLE 2 TO § 165.160 1.0 Hudson River Hudson Valley 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′43.1″ 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. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer. 1.2 Newburgh Beacon Swim ................................................................. • • • • 1.3 jlentini on DSK4TPTVN1PROD with RULES 1.1 Hudson River Swim for Life ............................................................. • 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. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer. 1.4 Toughman Half Triathlon ................................................................. • 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. VerDate Mar<15>2010 17:58 Nov 08, 2011 Jkt 226001 PO 00000 Frm 00021 Fmt 4700 Event Type: Swim Event. Date: Last weekend in July. Rain Date: 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. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer. Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1 69622 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations TABLE 2 TO § 165.160—Continued • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer. 2.0 2.1 East River Brooklyn Bridge Swim ...................................................................... • Event Type: Swim Event. • Date: 2nd or 3rd weekend in September. • Location: Participants will swim between Brooklyn and Manhattan, New York crossing the East River along the Brooklyn Bridge. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer. 3.0 3.1 Western Long Island Sound Swim Across America ...................................................................... • Event Type: Swim Event. • Date: 4th weekend in July and 2nd weekend in August. • 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. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer. 4.0 Upper New York Bay, Lower New York Bay 4.1 Ederle Swim ..................................................................................... 4.2 Rose Pitonof Swim. §§ 165.161 and 165.162 • 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. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer. [Removed] 33 CFR Parts 100 and 165 ■ 6. Section 165.168 is removed. § 165.170 ■ [Removed] [Removed] 7. Section 165.170 is removed. Dated: September 27, 2011. L.L. Fagan, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2011–28847 Filed 11–8–11; 8:45 am] jlentini on DSK4TPTVN1PROD with RULES BILLING CODE 9110–04–P VerDate Mar<15>2010 16:26 Nov 08, 2011 Jkt 226001 expedite public notification of events, and to ensure the protection of the maritime public and event participants from the hazards associated with firework displays, boat races, and other marine events. [Docket No. USCG–2011–0109] DATES: RIN 1625–AA08; AA00 5. Sections 165.161 and 165.162 are removed. ■ § 165.168 • Event Type: Swim Event. • Date: 2nd or 3rd weekend in 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. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer. 2011. DEPARTMENT OF HOMELAND SECURITY Coast Guard Special Local Regulations and Safety Zones; Recurring Events in Captain of the Port Boston Zone Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is amending special local regulations (SLR) and establishing permanent safety zones in the Coast Guard Sector Boston Captain of the Port (COTP) Zone for annually recurring marine events. The revised SLRs and safety zones are implemented to reduce administrative overhead, SUMMARY: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 This rule is effective December 9, Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2011–0109 and are available online by going to https:// www.regulations.gov, inserting USCG– 2011–0109 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ This material is also available for inspection or copying at the 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, between 9 a.m. ADDRESSES: E:\FR\FM\09NOR1.SGM 09NOR1

Agencies

[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Rules and Regulations]
[Pages 69613-69622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28847]


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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.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing, adding, and consolidating special 
local regulations and establishing 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 will restrict vessels from 
portions of water areas during these annual recurring events. The 
special local regulations and safety zones will facilitate public 
notification of events and help protect the public and event 
participants from the hazards associated with these annual recurring 
events.

DATES: This rule is effective December 9, 2011.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-1001 and are available online by going to 
https://www.regulations.gov, inserting USCG-2010-1001 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the 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, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email LTJG Eunice James, Coast Guard; telephone (718) 
354-4163, email Eunice.A.James@uscg.mil. If you have questions on 
viewing or submitting

[[Page 69614]]

material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 29, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations and Safety Zones; Recurring 
Events in Captain of the Port New York Zone in the Federal Register (76 
FR 125). We received no comments on the proposed rule. No public 
meeting was requested and none was held.

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 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 rule will consistently apprise the public in a timely manner 
through permanent publication in Title 33 of the Code of Federal 
Regulations. The TABLES in this 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 has removed, added, and consolidated regulations 
that better meet the Coast Guard's intended purpose of ensuring safety 
during these events.

Background

    The Coast Guard is adding 33 CFR 100.150 and consolidating sections 
33 CFR 165.161, 165.162, 165.166, 165.168, 165.170 into a new section, 
33 CFR 165.160. The rule applies 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 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 on land adjacent to 
the shoreline, in a location listed in the TABLE 1 to Sec.  165.160. 
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 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 regulation will 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.

Discussion of Comments and Changes

    The Coast Guard made the following changes to the published NPRM 
regulatory text:
    Safety zones listed in Table 1 to Sec.  165.160 have been reordered 
and renumbered to more accurately reflect their geographical locations. 
In the published NPRM regulatory text, the Rumson, NJ, Safety Zone and 
the Red Bank, NJ, Safety Zone were listed under the heading ``New York 
Harbor'' in Table 1 to Sec.  165.160 and numbered as 2.16 and 2.17. 
They are now listed under the ``Navesink River'' heading in Table 1 to 
Sec.  165.160 and numbered 7.2 and 7.3 respectively.
    Keyport, NJ, Safety Zone was not included in the NPRM and is now 
listed under the heading ``Navesink River'' and numbered as 7.1. Since 
The Coast Guard has previously established a temporary safety zone at 
this location in the past and has not received public comments or 
concerns regarding the impact to waterway traffic, we decided it should 
be included in this recurring events regulation.
    In the regulatory text under Sec.  165.160(a), the existing text 
reads as follows: ``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''. We revised the text to help the public better 
understand our intentions regarding notification of enforcement of the 
safety zones.

Regulatory Analyses

    We developed this 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.

Executive Order 12866 and Executive Order 13563

    This 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 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 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.

[[Page 69615]]

    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 
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 or 
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 rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule would affect the following entities, some of which 
might be small entities: Owners or operators of vessels intending to 
transit, fish, or anchor in the areas where the listed annual recurring 
events are being held.
    The 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 time; vessels may transit in portions of the affected 
waterway except for those areas covered by the 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-(888) 734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

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

Federalism

    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 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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 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 note) 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

[[Page 69616]]

Environment

    We have analyzed this 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 concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34) (g) 
and (h) of the Instruction. This rule involves establishment of special 
local regulations and safety zones. An environmental analysis checklist 
and a categorical exclusion determination are available in the docket 
where indicated under ADDRESSES.

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 amends 
33 CFR Parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for Part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


0
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-FM radio. First Coast Guard District 
Local Notice to Mariners can be found at: https://www.navcen.uscg.gov/. 
The 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 the 
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, New York 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.
------------------------------------------------------------------------


[[Page 69617]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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.


0
4. 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 will be made to the local maritime community through the 
Local Notice to Mariners and Broadcast Notice to Mariners well in 
advance of the events. If the event does not have a date listed, then 
exact dates and times of the enforcement period will be announced 
through a Notice of Enforcement in the Federal Register. 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 
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.
    (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.
                                          Rain Date: 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.
------------------------------------------------------------------------

[[Page 69618]]

 
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.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

[[Page 69619]]

 
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.
------------------------------------------------------------------------
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 shore
 Sound Safety Zone.                       launch located in approximate
                                          position 40[deg]54'34.41'' N
                                          073[deg]45'56.61'' W (NAD
                                          1983), southeast portion of
                                          Harrison 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.
------------------------------------------------------------------------

[[Page 69620]]

 
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....   Launch site: 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 yard
                                          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.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

[[Page 69621]]

 
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 from the
                                          barge.
------------------------------------------------------------------------
6.0                                              Hutchinson River
------------------------------------------------------------------------
6.1 Bronx, NY Hutchinson River Safety     Launch site: A barge
 Zone.                                    located in approximate
                                          position 40[deg]52'31'' N
                                          073[deg]49'24'' W (NAD 1983).
                                          This Safety Zone is a 120-yard
                                          radius from the barge.
------------------------------------------------------------------------
7.0                                               Navesink River
------------------------------------------------------------------------
7.1 Keyport, NJ, Safety Zone...........  Launch site: A barge located in
                                          approximate position
                                          40[deg]26'24'' N
                                          074[deg]12'18'' W (NAD 1983),
                                          approxi