[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Proposed Rules]
[Pages 28128-28130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13240]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-051]
RIN 2115-AA97


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

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
in the East River for the Macy's Fourth of July Fireworks. Display. 
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: Comments must be received on or before June 15, 1999.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch 
(CGD01-99-051), Coast Guard Activities New York, 212 Coast Guard Drive, 
Staten Island, New York 10305, or deliver them to room 205 at the same 
address between 8 a.m. and 3 p.m., Monday through Friday, except 
federal holidays.
    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 J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4193.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD01-99-051) and the specific section of 
this document to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Waterways Oversight Branch at the 
address under ADDRESSES. The request should include the reasons why a 
hearing would be beneficial. If it determines 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.

Background and Purpose

    Macy's East, Inc. has submitted an Application for Approval of a 
Marine Event for a fireworks display in the East River. The proposed 
regulation establishes a temporary safety zone in all waters of the 
East River east of a line drawn from the Fireboat Station, at Battery 
Park, Manhattan, New York in approximate position 40 deg.42'16''N 
074 deg.01'07''W (NAD 1983) to Governors Island Light (LLNR 35010), in 
approximate position 40 deg.41'35''N 074 deg.01'11''W (NAD 1983); north 
of a line drawn from the Brooklyn Battery Tunnel ventilator shaft at 
Governors Island, New York, in approximate position 40 deg.41'35''N 
074 deg.01'11''W (NAD 1983) to the northwest corner of Pier 6, 
Brooklyn, New York; 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 
proposed safety zone is effective from 7:30 p.m. until 11:30 p.m. on 
July 4th, 1999. There is no rain date for this event. The proposed 
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 6 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 less than 20 meters (65.6 feet) in length, carrying 
persons for the purpose of viewing the fireworks, may take position in 
the following three areas: (1) All waters of the East River south of: 
(i) 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)); (ii) the Harlem River Foot Bridge, and north of the southern 
end of Roosevelt Island; (2) in Newtown Creek, east of the Pulaski 
Bascule Bridge. (3) in Buttermilk Channel, south of a line drawn from 
the Brooklyn Battery Tunnel ventilator shaft at Governors Island, New 
York, in approximate position 40 deg.41'35''N 074 deg.01'11''W (NAD 
1983) to the northwest corner of Pier 6, Brooklyn, New York;
    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

[[Page 28129]]

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 
between 6:30 p.m. and 8 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.
    The Staten Island Ferries may continue services to their ferry slip 
at Whitehall Street, The Battery, Manhattan, New York. 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 Services 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 Staten Island, New York, and 
those persons traveling to and from Manhattan at the end of the holiday 
weekend.
    Vessels not complying with these viewing area restrictions 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.
    Public notifications will be made prior to the event via Local 
Notice to Mariners, marine information broadcasts, facsimile, and 
Macy's waterways telephone ``hotline'' at 212-494-5247, which is to be 
activated approximately June 1st, 1999. The Coast Guard is limiting the 
comment period for this NPRM to 21 days because the proposed safety 
zone is only for a four hour long annual event. Final plans were not 
made for this event until May 13, 1999. There is not sufficient time to 
publish a Temporary Final Rule 30 days before the event and provide a 
60-day comment period.

Discussion of Proposed Rule

    The proposed safety zone is for the Macy's Fourth of July Fireworks 
display held in the East River, Manhattan, New York. This event is held 
annually on July 4th. This rule is being proposed to provide for the 
safety of life on navigable waters during the event and to give the 
marine community the opportunity to comment on this event.

Regulatory Evaluation

    This proposed 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 proposed 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 on a national holiday; the event has been 
held for twenty-two years in succession and is therefore anticipated 
annually, small businesses may experience an increase in revenue due to 
the event; advance notifications will be made to the local maritime 
community by the Local Notice to Mariners, marine information 
broadcasts, facsimile, and the event sponsor establishes and advertises 
a telephone ``hotline'' at 212-494-5247 which waterways users may call 
prior to the event for details of the safety zone. This telephone 
number will be published via the Local Notice to Mariners and 
facsimile. The number is to be activated approximately June 1st, 1999.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposed rule, if adopted, 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 stated in the Regulatory Evaluation section above, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule, if 
adopted, will not have a significant economic impact on a substantial 
number of small entities. If, however, you think that your business or 
organization qualifies as a small entity and that this proposed rule 
will have a significant economic impact on your business or 
organization, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and in what way and to what degree this proposed 
rule will economically affect it.

Collection of Information

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

Federalism

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

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub. 
L. 104-4, 109 Stat. 48] requires Federal agencies to assess the effects 
of certain regulatory actions on State, local, and tribal governments, 
and the private sector. UMRA requires a written statement of economic 
and regulatory alternatives for rules that contain Federal mandates. A 
``Federal mandate'' is a new or additional enforceable duty imposed on 
any State, local, or tribal government, or the private sector. If any 
Federal mandate causes those entities to spend, in the aggregate, $100 
million or more in any one year, the UMRA analysis is required. This 
proposed rule does not impose Federal mandates on any State, local, or 
tribal governments, or the private sector.

Environment

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

Other Executive Orders on the Regulatory Process

    In addition to the statutes and Executive Orders already addressed 
in this preamble, the Coast Guard considered the following executive 
orders in developing this proposed rule and reached the following 
conclusions:
    E.O. 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights. This proposed rule will not 
effect a taking of

[[Page 28130]]

private property or otherwise have taking implications under this 
Order.
    E.O. 12875, Enhancing the Intergovernmental Partnership. This 
proposed rule will not impose, on any State, local, or tribal 
government, a mandate that is not required by statute and that is not 
funded by the Federal government.
    E.O. 12988, Civil Justice Reform. This proposed rule meets 
applicable standards in sections 3(a) and 3(b)(2) of this Order to 
minimize litigation, eliminate ambiguity, and reduce burden.
    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks. This proposed rule is not an economically significant 
rule and does not concern an environmental risk to safety 
disproportionately affecting children.

List of Subjects in 33 CFR Part 165

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

Proposed 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-
6, 160.5; 49 CFR 1.46. Section 165.100 is also issued under 
authority of Sec. 311, Pub. L. 105-383.

    2. Add temporary Sec. 165.T01-051 to read as follows:


Sec. 165.T01-051  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 east of a line drawn from the Fireboat Station, at 
Battery Park, Manhattan, New York in approximate position 
40 deg.42'16''N 074 deg.01'07''W (NAD 1983) to Governors Island Light 
(LLNR 35010), in approximate position 40 deg.41'35''N 074 deg.01'11''W 
(NAD 1983); north of a line drawn from the Brooklyn Battery Tunnel 
ventilator shaft at Governors Island, New York, in approximate position 
40 deg.41'35''N 074 deg.01'11''W (NAD 1983) to the northwest corner of 
Pier 6, Brooklyn, New York; 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 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 4th, 1999. There is no rain date for this 
event.
    (c) Regulations.
    (1) The general regulations 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 accordance with the following pre-established 
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, south of the safety zone's southern area in Buttermilk Channel, 
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 between 6:30 p.m. and 8 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. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.
R. E. Bennis,
Captain, Coast Guard, Captain of the Port, New York.
[FR Doc. 99-13240 Filed 5-24-99; 8:45 am]
BILLING CODE 4910-15-M