[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Rules and Regulations]
[Pages 34161-34163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16148]



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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: Final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the annual 
Macy*s Fourth of July Fireworks program in the East River, New York. 
The safety zone is in effect on Tuesday, July 4, 1995, from 7 p.m. 
until 11 p.m. 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.

EFFECTIVE DATE: This rule is effective on July 4, 1995, from 7 p.m. 
until 11 p.m., unless extended or terminated by the Captain of the Port 
New York.

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: 

Drafting Information

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

Regulatory History

    On May 11, 1995, the Coast Guard published a notice of proposed 
rulemaking (NPRM) in the Federal Register (60 FR 25189). Interested 
persons were requested to submit comments on or before June 12, 1995. 
Seven letters commenting on the proposed rulemaking were received. A 
public hearing was not requested and one was not held.
    Due to the NPRM comment period deemed necessary to give adequate 
public notice, there was insufficient time to publish this final rule 
30 days prior to the event. Good cause exists for making this rule 
effective less than 30 days after publication. This is a nationally 
televised event in celebration of Independence Day. Any delay in making 
this rule effective would cause cancellation of this major event. 
Adequate measures are being taken to ensure mariners are made aware of 
this regulation. This rule will be locally published in the First Guard 
District's Local Notice to Mariners, electronically transmitted to 
major port interests, and announced via Safety Marine Information 
Broadcasts.

Background and Purpose

    Macy*s notified the Coast Guard that it intends to sponsor its 
annual Independence Day fireworks program on July 4, 1995. Macy*s and 
The City of New York selected the East River as the location for this 
program. This regulation establishes a safety zone that will 
temporarily close the East River to vessel transits from 7 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 (NAD 1983)) 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 (NAD 1983)); 
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 (NAD 1983); 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 barge 
configurations 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 
display, may enter the safety zone and remain north of the southern tip 
of Roosevelt Island to view the fireworks. Such vessels may enter the 
safety zone and proceed to a position north of the southern tip of 
Roosevelt Island through the safety zone's northern boundaries at all 
times. Such vessels desiring to enter the safety zone through the 
safety zone's southern boundaries must be in a position north of the 
southern tip of Roosevelt Island prior to 7 p.m.; after 7 p.m. these 
vessels will only be permitted to enter the safety zone through the 
safety zone's 

[[Page 34162]]
northern boundaries. (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 safety zone and take position at least 200 yards 
off the west bank of the East River between the Williamsburg Bridge and 
the chartered position of Buoy 18 (LLNR 27335). These vessels may enter 
the safety zone and proceed to this area between 7 p.m. and 8 p.m. only 
through the safety zone's southern boundaries 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 the addition of 
designated vessels in either 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 
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.

Discussion of Comments and Changes

    Two comments opposed the provisions of the rule permitting vessels 
to enter designated areas of the East River in order to view the 
fireworks on the grounds that the congestion of vessels and changing 
tide would create an unsafe condition. The Coast Guard has carefully 
considered these comments in view of the tide and currents, expected 
number of spectator craft, and previous experience enforcing safety 
zones in the East River. The Coast Guard believes that this regulation 
as written, and as enforced by Coast Guard patrol craft, sufficiently 
provides for the safety of the event.
    Three comments objected to the safety zone going into effect at 6 
p.m., vice 8 p.m. as had been done last year, on the basis of financial 
hardship in having no cancel daytime commitments to allow evening 
charters and the burden of having passengers on board for an extended 
period of time. The Coast Guard considered these comments and has 
modified the final rule to specify, and make clear, the times and 
locations that designated vessels may enter into the safety zone in 
order to take position in the established viewing areas. The entry 
point for vessels over 20 meters is clarified. Vessels over 20 meters 
will be permitted to enter the safety zone and proceed to their 
preidentified viewing area only through the safety zone's southern 
boundaries. This is to avoid the unsafe and potentially hazardous 
situation that could arise should vessels over 20 meters attempt to 
transit through the viewing area preidentified for vessels less than 20 
meters. Numerous vessels less than 20 meters are expected to take 
position in their preidentified viewing area located in the channels of 
the East River on either side of Roosevelt Island. The start time of 
the safety zone was also changed from 6 p.m. to 7 p.m. The Coast Guard 
is unable to make the zone effective at 8 p.m. due to the additional 
time required to accommodate movement and set up within the safety zone 
of the seven barge configurations participating in the event this year 
as opposed to the four barge configurations that participated last 
year. For the same reason, the Coast Guard is unable to project 
termination of the zone prior to 11 p.m. The numerous fireworks barges 
will need adequate time to secure equipment and fireworks on deck, and 
move from the center of the River to safe areas along the bank of the 
River before vessels can be permitted to transit again.
    Two letters were received which did not comment on the NPRM itself, 
but requested permission from the Captain of the Port New York to enter 
and transit within the safety zone differently than that provided for 
in the NPRM. The Coast Guard will respond separately to these requests 
for entry.

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. Although this regulation prevents traffic from transiting 
this area, the effect of this regulation will not be significant for 
several reasons: the duration of the event is limited; 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 a weekday not immediately proceeding or following a weekend. 
In addition, the Coast Guard has established two viewing areas to 
accommodate vessels desiring to take position within the safety zone to 
view the fireworks display. The 7 p.m. start time of the safety zone 
allows sufficient time for those desiring to engage in daytime fishing 
trips prior to arriving for the fireworks display to do so and, for 
those dinner cruise operators desiring to carry persons to view the 
fireworks display as part of that night's cruise, to board their guests 
at a reasonable hour. The Staten Island and Governors Island ferries 
will be permitted to continue its ferry services but may operate no 
further east than Coast Guard ferry slip 6, at the Battery, Manhattan, 
New York. Accordingly, the Coast Guard expects the impact of this 
regulation 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.

[[Page 34163]]


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 M16475.1B, 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, Waterways.

Final Regulation

    For reasons set out in the preamble, the Coast Guard amends 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:


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 (NAD 1983)) 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 (NAD 1983)); 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.57'35''W longitude 
(NAD 1983); and, within the boundaries of the safety zone, all waters 
inward of the pierheads and bulkheads south of Roosevelt Island.
    (b) Effective period. This section is effective from 7 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 
section 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 display, may 
enter the safety zone and remain north of the southern tip of Roosevelt 
Island. Such vessels may enter the safety zone and proceed to a 
position north of the southern tip of Roosevelt Island through the 
safety zone's northern boundaries at all time. Such vessels desiring to 
enter the safety zone through the safety zone's southern boundaries 
must be in a position north of the southern tip of Roosevelt Island 
prior to 7 p.m.; after 7 p.m. these vessels will only be permitted to 
enter the safety zone through the safety zone's northern boundaries.
    (ii) Vessels greater than 20 meters (65.6 feet) in length, carrying 
persons for the sole purpose of viewing the fireworks display, may 
enter the safety 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 safety 
zone and proceed to this area between 7 p.m. and 8 p.m. only through 
the safety zone's southern boundaries 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 
will 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: June 21, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port of New York.
[FR Doc. 95-16148 Filed 6-29-95; 8:45 am]
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