[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Proposed Rules]
[Pages 25189-25190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11659]



-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-95-031]
RIN 2115-AA97


Safety Zone: Macy's 1995 Fourth of July Fireworks, East River, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a safety zone for the 
annual Macy's Fourth of July Fireworks program in New York Harbor. The 
event will take place on Tuesday, July 4, 1995, from 6 p.m. until 11 
p.m., on the East River. With the exception of certain vessels, which 
may enter designated portions of the safety zone, the East River will 
be temporarily closed to vessel transits. This safety zone is needed to 
protect mariners from the hazards associated with fireworks exploding 
in the area, and from the dangers associated with vessels operating 
with limited maneuverability in confined waters.

DATES: Comments must be received on or before June 12, 1995.

ADDRESSES: Comments should be mailed to U.S. Coast Guard Group, New 
York, Bldg. 108, Governors Island, New York 10004-5096, or may be 
delivered to the Planning and Readiness Division, Bldg. 108, between 
8:00 a.m. and 4:00 p.m., Monday through Friday, except Federal 
holidays. Any person wishing to visit the office must contact the 
Planning and Readiness Division at (212) 668-7934 to obtain advance 
clearance due to the fact that Governors Island is a military 
installation with limited access.

FOR FURTHER INFORMATION CONTACT:
Lieutenant R. Trabocchi, Chief, Planning and Readiness Division, Coast 
Guard Group/Captain of the Port New York (212) 668-7934.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. A 30 
day comment period is deemed to be sufficiently reasonable notice to 
all interested persons. Since this proposed rulemaking is neither 
complex nor technical, a longer comment period is deemed to be 
unnecessary and contrary to the public interest. Any delay in 
publishing a final rule will effectively cancel this annual event. 
cancellation of this annual event will be contrary to public interest.
    Persons submitting comments should include their names and 
addresses, identify this notice (CGD01-95-031) and the specific section 
of the proposal to which their comments apply, and give reasons for 
each comment. Persons wanting acknowledgment of receipt of comments 
should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing; however, persons may request a 
public hearing by writing to the Planning and Readiness Division at the 
address under ADDRESSES. If it is determined that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a public hearing at a time and place announced by a later notice in the 
Federal Register.

    Drafting Information: The drafters of this notice are LT R. 
Trabocchi, Project Manager, Coast Guard Group/Captain of the Port 
New York and LCDR J. Stieb, Project Attorney, First Coast Guard 
District, Legal Office.

Background and Purpose

    Macy's has notified the Coast Guard that it intends to sponsor a 
fireworks program on the East River, New York, on July 4, 1995. This 
proposed regulation would establish a safety zone that will temporarily 
close the East River to vessel transits from 6 p.m. until 11 p.m. on 
July 4, 1995. This safety zone includes all waters of the East River, 
shore to shore, east of a line drawn from the Fireboat Station, at 
Battery Park, Manhattan, New York (40 deg.42'16''N latitude 
074 deg.01'07''W longitude) to the Governors Island Light at the 
northwest point of Governors Island, New York (40 deg.41'35''N latitude 
074 deg.01'11''W longitude); north of a line drawn from the Brooklyn 
Battery Tunnel ventilator shaft at Governors Island, New York, to the 
northwest corner of Pier 6, Brooklyn, New York; south of a line drawn 
from Lawrence Point to Stony Point, and south of the Harlem River 
Footbridge. This safety zone also includes all waters of Newtown Creek, 
Brooklyn, New York, west of 073 deg.57'37''W longitude; and, within the 
boundaries of the safety zone, all waters inward of the pierheads and 
bulkheads south of Roosevelt Island. There will be seven (7) fireworks 
barges between the southern tip of Roosevelt Island and the southern 
boundaries of this safety zone. No vessel may enter the safety zone 
without permission of the Captain of the Port New York. Certain 
designated vessels may enter this safety zone. These designated vessels 
are defined as follows: (1) Vessels less than 20 meters (65.6 feet) in 
length, carrying persons for the sole purpose of viewing the fireworks 
may enter the zone north of the southern tip of Roosevelt Island. (2) 
Vessels greater than 20 meters (65.6 feet) in length, carrying persons 
for the sole purpose of viewing the fireworks display, may enter the 
zone and take position at least 200 yards off the west bank of the East 
River between the Williamsburg Bridge and the charted position of Buoy 
18 (LLNR 27335). These vessels may enter the zone and proceed to this 
area between 6:30 p.m. and 8 p.m., and must remain in position until 
released by the Captain of the Port New York. (3) The Staten Island and 
Coast Guard ferries may continue services to their ferry slips at the 
Battery, Manhattan, New York, but will not be permitted to transit east 
of the Coast Guard ferry slip, also known as Slip 6, at the Battery, 
Manhattan, New York. On scene patrol personnel will monitor the number 
of designated vessels entering into the viewing areas of the zone. If 
it becomes apparent that any additional spectator vessels in a specific 
viewing area will create a safety hazard, the Patrol Commander may 
prevent additional vessels from entering into that viewing area.
    Vessels not meeting this criteria have a significant potential to 
create a hazardous condition in this area of the East River, due in 
great part, to the extremely strong currents. Restricting vessels in 
the safety zone as described above will minimize the threat posed by 
vessels with limited maneuverability. Continuing ferry services in the 
[[Page 25190]] southwestern portion of the safety zone will not create 
a hazard nor be threatened by the fireworks display because Vessel 
Traffic Service New York will monitor and control the transits of these 
ferries. Failure to allow these continued ferry services will have a 
negative impact on residents of Governors Island, New York, and those 
persons traveling to and from Manhattan at the end of the business 
holiday.
    This safety zone covers the minimum area needed to ensure the 
protection of all vessels and fireworks handlers aboard the barges.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10(E) of the regulatory policies and procedures of DOT is 
unnecessary. This proposed safety zone will temporarily close the East 
River to vessel traffic. There is a regular flow of traffic through 
this area; however, due to the limited duration of the event; the 
extensive, advance advisories that will be made to allow the maritime 
community to schedule transits before and after the event; the fact 
that the event is taking place at a late hour on a Federal holiday, and 
that vessel traffic is expected to be somewhat reduced due to this 
Federal holiday falling on weekday not immediately preceeding or 
following a weekend, the impact of this regulation is expected to be 
minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under Section 3 of the Small Business Act 
(15 U.S.C. 632).
    For reasons set forth in the above Regulatory Evaluation, the Coast 
Guard expects the impact of this proposal to be minimal. The Coast 
Guard certifies under 5 U.S.C. 605(b) that this proposal will not have 
a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501).

Federalism

    The Coast Guard has analyzed this action in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposal does not raise sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that under section 2.B.2.e. of Commandant 
Instruction M164475.1B, revised 59 FR 38654, July 29, 1994, the 
promulgation of this regulation is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination and 
Environmental Analysis Checklist are included in the docket. An 
appropriate environmental analysis of the fireworks program will be 
conducted in conjunction with the marine event permitting process.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Vessels, Waterways.

Regulation

    For reasons set out in the preamble, the Coast Guard proposes to 
amend 33 CFR Part 165 as follows:

PART 165--[AMENDED]

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A temporary section, 165.T01-031 is added to read as follows:


Sec. 165.T01-031  Safety Zone; Macy's 1995 Fourth of July Fireworks, 
East River, New York.

    (a) Location. This safety zone includes all waters of the East 
River, shore to shore, east of a line drawn from the Fireboat Station, 
at Battery Park, Manhattan, New York (40 deg.42'16'' N latitude 
074 deg.01'07'' W longitude) to the Governors Island Light at the 
northwest point of Governors Island, New York (40 deg.41'35'' N 
latitude 074'01'11' W longitude); north of a line drawn from the 
Brooklyn Battery Tunnel ventilator shaft at Governors Island, New York, 
to the northwest corner of Pier 5, Brooklyn, New York, to the northwest 
corner of Pier 6, Brooklyn, New York; south of a line drawn from 
Lawrence Point to Stony Point, and south of the Harlem River 
Footbridge. This safety zone also includes all waters of Newtown Creek, 
Brooklyn, New York, west of 073 deg.57'37'' W longitude; and, within 
the boundaries of the safety zone, all waters inward of the pierheads 
and bulkheads south of Roosevelt Island.
    (b) Effective period. This safety zone is effective from 6 p.m. 
until 11 p.m. on July 4, 1995, unless extended or terminated sooner by 
the Captain of the Port New York.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply to this safety zone.
    (2) No vessels will be allowed to enter the safety zone without 
permission of the Captain of the Port New York.
    (3) The following vessels may enter the safety zone:
    (i) Vessels less than 20 meters (65.6 feet) in length, carrying 
persons for the sole purpose of viewing the fireworks may enter the 
zone north of the southern tip of Roosevelt Island.
    (ii) Vessels greater than 20 meters (65.6 feet) in length, carrying 
persons for the sole purposes of viewing the fireworks display may 
enter the zone and take positions at least 200 yards off the west bank 
of the East River between 6:30 p.m. and 8 p.m., and must remain in 
position until released by the Captain of the Port New York.
    (iii) The Staten Island and Coast Guard ferries may continue 
services to their ferry slips at the Battery, Manhattan, New York, but 
may not be permitted to transit east of the Coast Guard ferry slip, 
also known as Slip 6, at the Battery, Manhattan, New York.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. U.S. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the Coast Guard. Upon being hailed by a 
U.S. Coast Guard vessel via siren, radio, flashing light, or other 
means, the operator of a vessel shall proceed as directed.

    Dated: May 2, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 95-11659 Filed 5-10-95; 8:45 am]
BILLING CODE 4910-14-M