[Federal Register Volume 62, Number 126 (Tuesday, July 1, 1997)]
[Rules and Regulations]
[Pages 35403-35405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17088]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-97-041]
RIN 2115-AA97


Safety Zone: Macy's 1997 Fourth of July Fireworks, East River, 
New York

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the annual Macy's Fourth of July Fireworks program in New York Harbor. 
The event will take place on Friday, July 4, 1997, from 7:30 p.m. until 
11:30 p.m. on the East River. This safety zone temporarily closes a 
major portion of the East River to vessel transits.

EFFECTIVE DATE: This rule is effective from 7:30 p.m. until 11:30 p.m. 
on July 4, 1997.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Dave Gefell, 
(718) 354-4195, Waterways Management Division, Coast Guard Activities 
New York, 212 Coast Guard Drive, Fort Wadsworth, Staten Island, New 
York, 10305.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing an NPRM and for making this regulation effective less than 
30 days after Federal Register publication. Due to the date conclusive 
information regarding this event was determined, there was insufficient 
time to draft and publish an NPRM. Any delay encountered in this 
regulation's effective date would be contrary to public interest since 
the event is intended for public entertainment and immediate action is 
needed to protect

[[Page 35404]]

the maritime public from the hazards associated with large amounts of 
fireworks exploding from four separate barge locations in the waters of 
the East River.

Background and Purpose

    Macy's has submitted an Application for Approval of Marine Event to 
hold a fireworks program on the waters of the East River. This 
regulation establishes a temporary safety zone in the waters of the 
East River. The safety zone includes all waters of the East River, 
shore to shore, north of the Brooklyn Bridge, and south of a line drawn 
from Lawrence Point at position 40 deg.47'27'' N latitude, 
073 deg.54'35'' W longitude, (NAD 1983), to Stony Point at position 
40 deg.47'48'' N latitude 073 deg.54'42'' W longitude (NAD 1983), and 
south of the Harlem River Foot Bridge, New York. This safety zone area 
also includes all waters of Newtown Creek west of the Pulaski Bascule 
Bridge. No vessel may enter the safety zone without permission of the 
Captain of the Port New York. In order to facilitate an orderly viewing 
of and departure after the event, vessels will be allowed to take 
position within the zone as follows: vessels less than 20 meters (65.6 
feet) in length, carrying persons for the sole purpose of viewing the 
fireworks, may take position in the northern area of the zone, north of 
the southern tip of Roosevelt Island, and in the southern area of the 
zone, south of the Williamsburg Bridge at least 200 yards off the 
bulkhead on the west bank, and in Newtown Creek, east of the Pulaski 
Bascule Bridge. Vessels equal to or greater than 20 meters (65.6 feet) 
in length, carrying persons for the sole purpose of viewing the 
fireworks display, may take position in an area at least 300 yards off 
the bulkhead on the west bank and just off the pierhead faces on the 
east bank of the East River between the Williamsburg Bridge and a line 
drawn from East 15th Street, Manhattan, to a point due east on the 
Brooklyn shore north of the entrance to Bushwick Inlet.
    Once in position within the zone, all vessels must remain in 
position until released by the Captain of the Port New York. On scene 
patrol personnel will monitor the number of designated vessels taking 
position in 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. All vessels must be in their 
respective viewing areas no later than 7:30 p.m. After the event has 
concluded, and the fireworks barges have safely relocated outside of 
the main channel, vessels will be allowed to depart by the separate 
viewing area as directed by patrol commander.
    Vessels not complying with 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.
    This safety zone covers the minimum area needed and imposes the 
minimum restrictions necessary to ensure the protection of all vessels 
and the fireworks handlers aboard the barges.

Regulatory Evaluation

    This temporary rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. It has not been reviewed 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 rule to be so minimal that a full Regulatory Evaluation 
under paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This proposed safety zone temporarily closes a major 
portion of 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; that the event has 
been held for twenty years in succession and is therefore anticipated 
annually, that small businesses may experience an increase in revenue 
due to the event, the fact that the event sponsor has established and 
advertised a telephone ``hotline'' at (212) 494-5247 which waterways 
users may call prior to the event for details of the safety zone, 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 small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations less than 
50,000. For the reasons set forth in the Regulatory Evaluation section 
above, the Coast Guard expects this rule will not have a significant 
economic impact on a substantial number of small entities. If, however, 
you think that the your business or organization qualifies as a small 
entity and that the proposed rule will have a significant economic 
impact on your business or organization, please submit a comment (see 
For Further Information Contact) explaining why you think it qualifies 
and in what way and to what degree this proposal will economically 
affect it.

Collection of Information

    This rule does not provide for a collection of information 
requirement under the Paperwork Reduction Act (44 U.S.C. et seq.).

Federalism

    The Coast Guard has analyzed this temporary rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposal does not have sufficient implications for 
federalism to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
regulation and concluded that under section 2.B.2.e.(34) of Commandant 
Instruction M16475.1B, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying where indicated 
under FOR FURTHER INFORMATION CONTACT.

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 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.T01-041 is added to read as follows:


Sec. 165.T01-041  Safety Zone: Macy's 1997 Fourth of July Fireworks, 
East River, New York.

    (a) Location. The safety zone includes all waters of the East 
River, shore to shore, north of the Brooklyn Bridge, and

[[Page 35405]]

south of a line drawn from Lawrence Point (40 deg.47'27'' N latitude, 
073 deg.54'35'' W longitude, NAD 1983) to Stony Point (40 deg.47'48'' N 
latitude, 073 deg.54'42'' W longtitude, NAD 1983), and south of the 
Harlem River Foot Bridge, New York. This safety zone area also includes 
all waters of Newtown Creek west of the Pulaski Bascule Bridge.
    (b) Effective period. This section is effective from 7:30 p.m. 
until 11:30 p.m. on July 4, 1997.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply to 
this safety zone.
    (2) No vessels will be allowed to transit the safety zone without 
permission of the Captain of the Port New York.
    (3) Vessels may remain in the safety zone for the purpose of 
viewing the event in accordance with the following preestablished 
viewing areas:
    (i) Vessels less than 20 meters (65.6 feet) in length, carrying 
persons for the sole purpose of viewing the fireworks display may take 
position within the zone north of the southern tip of Roosevelt Island, 
south of the Williamsburg Bridge and at least 300 yards off the 
bulkhead on the west bank, and in the waters of Newtown Creek, east of 
the Pulaski Bascule Bridge.
    (ii) Vessels greater than 20 meters (65.6 feet) in length, carrying 
persons for the sole purpose of viewing the fireworks display may take 
position within an area at least 300 yards off the bulkhead on the west 
bank and just off the pierhead faces on the east bank of the East River 
between the Williamsburg Bridge and a line drawn from the foot of 15th 
Street, Manhattan, to a point due east on the Brooklyn shore north of 
the entrance to Bushwick Inlet.
    (iii) Vessels must be positioned in their respective viewing areas 
within the safety zone not later than 7:30 p.m.
    (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 19, 1997.
Richard C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 97-17088 Filed 6-30-97; 8:45 am]
BILLING CODE 4910-14-M