[Federal Register Volume 63, Number 108 (Friday, June 5, 1998)]
[Rules and Regulations]
[Pages 30633-30634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15033]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-014]
RIN 2115-AA97


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

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Macy's Fourth of July fireworks program located on the East River. 
The safety zone is in effect from 7:30 p.m. until 11:30 p.m. on 
Saturday, July 4, 1998. This action is necessary to provide for the 
safety of life on navigable waters during the event. This action is 
intended to restrict vessel traffic in a portion of the East River.

DATES: This rule is effective from 7:30 p.m. until 11:30 on Saturday, 
July 4, 1998.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch 
(CGD01-98-014), Coast Guard Activities New York, 212 Coast Guard Drive, 
Staten Island, New York 10305, or may be delivered to room 205 at the 
same address between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (718) 354-4195.
    The Waterways Oversight Branch of Coast Guard Activities New York 
maintains the public docket for this rulemaking. Comments, and 
documents as indicated in this preamble, will become part of this 
docket and will be available for inspection or copying at room 205, 
Coast Guard Activities New York, between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) A. 
Kenneally, Waterways Oversight Branch, Coast Guard Activities New York, 
at (718) 354-4195.

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 this 
application was received, there was insufficient time to draft and 
publish an NPRM. Final plans for the event were not made until May 4, 
1998. Any delay encountered in this regulation's effective date would 
be contrary to public interest since immediate action is needed to 
close a portion of the waterway and protect the maritime public from 
the hazards associated with this fireworks display, which is intended 
for pubic entertainment.

Background and Purpose

    Macy's East, Inc. has submitted an Application for Approval of 
Marine Event to hold a fireworks program on the waters of the East 
River at Manhattan, New York. This regulation establishes a safety zone 
in all waters of the East River, north of the Brooklyn Bridge, and 
south of a line drawn from Lawrence Point (40 deg.47'27''N 
073 deg.54'35''W NAD 1983) to Stony Point (40 deg.47'48''N 
073 deg.54'42''W 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. The safety zone is in effect 
from 7:30 p.m. until 11:30 p.m. on Saturday, July 4, 1998. The safety 
zone prevents vessels from transiting this portion of the East River 
and is needed to protect boaters from the hazards associated with 
fireworks launched from 4 separate barges in the area. 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 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, 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 purpose of viewing the fireworks, may take 
position in an area at least 200 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 at the north 
corner of the Bushwick Inlet entrance.
    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 separate viewing 
area as directed by the 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

[[Page 30634]]

protection of all vessels and the fireworks handlers aboard the barges.

Regulatory Evaluation

    This final 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 final rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. This 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, the impact of this 
regulation is expected to be minimal for the following reasons: 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 event is taking place at a late hour; 
the event has been held for twenty-one years in succession and is 
therefore anticipated annually, small businesses may experience an 
increase in revenue due to the event, the event sponsor has established 
and advertised a telephone ``hotline'' at (212) 494-3558 which 
waterways users may call prior to the event for details of the safety 
zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq,), the 
Coast Guard considered whether this rule 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 of less than 
50,000.
    For reasons discussed in the Regulatory Evaluation above, the Coast 
Guard certifies under section 605(b) of the Regulatory Flexibility Act 
(5 U.S.C. et seq.) that this final rule will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

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

Environment

    The Coast Guard has considered the environmental impact of this 
final rule and concluded that under Figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1C, this final rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket for inspection or 
copying where indicted under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

Regulation

    For the reasons discussed in the preamble, the Coast Guard amends 
33 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. Add temporary Sec. 165.T01-014 to read as follows:


Sec. 165.T01-014  Safety Zone: Macy's Fourth of July Fireworks, East 
River, New York.

    (a) Location. The following area is a safety zone: all waters of 
the East River, north of the Brooklyn Bridge, and south of a line drawn 
from Lawrence Point (40 deg.47'27'' N 073 deg.54'35'' W NAD 1983) to 
Stony Point (40 deg.47'48'' N 073 deg.54'42'' W NAD 1983), and south of 
the Harlem River Foot Bridge, New York. This safety zone area also 
inlcudes 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 Saturday July 4, 1998.
    (c) Regulations. (1) the general regulations contained in 33 CFR 
165.23 apply.
    (2) No vessels will be allowed to transit the safety zone without 
the 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 acordance with the following preestablished 
viewing areas:
    (i) Vessels less than 20 meters (65.6 feet) in length, carrying 
persons for the 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, and in Newtown Creek, east of the Pulaski Bascule Bridge.
    (ii) Vessels equal to or greater than 20 meters (65.6 feet) in 
length, carrying persons for the purpose of viewing the fireworks, may 
take position in an area at least 200 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 at the 
north corner of the Bushwick Inlet entrance.
    (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 proceeed as directed.

    Dated: May 29, 1998.
Richard C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 98-15033 Filed 6-4-98; 8:45 am]
BILLING CODE 4910-15-M