[Federal Register Volume 65, Number 248 (Tuesday, December 26, 2000)]
[Proposed Rules]
[Pages 81471-81474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32826]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-242]
RIN 2115-AA97


Safety Zone: Macy's July 4th 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 permanent safety zone 
for the annual Macy's July 4th 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 and related material must reach the Coast Guard on or 
before February 9, 2001.

ADDRESSES: You may mail comments and related material to Waterways 
Oversight Branch (CGD01-00-242), Coast Guard Activities New York, 212 
Coast Guard Drive, room 204, Staten Island, New York 10305. The 
Waterways Oversight Branch of Coast Guard Activities New York maintains 
the public docket for this rulemaking. Comments and material received 
from the public, as well as documents indicated in this preamble as 
being available in the docket, will become part of this docket and will 
be available for inspection or copying at room 204, Coast Guard 
Activities New York, between 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant M. Day, Waterways Oversight 
Branch, Coast Guard Activities New York (718) 354-4012.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-00-
242), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during

[[Page 81472]]

the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Waterways Oversight Branch at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    The Coast Guard proposes to establish a permanent safety zone for 
the annual Macy's July 4th fireworks display in the East River. The 
safety zone encompasses all waters of the East River east of a line 
drawn from the Fireboat Station Pier, Battery Park City, in approximate 
position 40 deg.42'15.4"N 074 deg.01'06.8"W (NAD 1983) to Governors 
Island Light (2) (LLNR 35010), in approximate position 40 deg.41'34.4"N 
074 deg.01'10.9"W (NAD 1983); north of a line drawn from Governors 
Island, in approximate position 40 deg.41'25.3"N 074 deg.00'42.5"W (NAD 
1983) to the southwest corner of Pier 9A, Brooklyn; south of a line 
drawn from East 47th Street, Manhattan through the southern point of 
Roosevelt Island to 46 Road, Brooklyn, and all waters of Newtown Creek 
west 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 inside the safety zone, 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 North 9th 
Street, Brooklyn. This area is bound by the following points: 
40 deg.42'45.5"N 073 deg.58'07.4"W; thence to 40 deg.42'50.4"N 
073 deg.58'23.2"W; thence to 40 deg.43'23.1"N 073 deg.58'12.7"W; thence 
to 40 deg.43'21.5"N 073 deg.57'45.7"W; (NAD 1983) thence back to the 
point of beginning. All vessels must be in this location by 6:30 p.m. 
(e.s.t.) the day of the event.
    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 area of the zone. If it becomes apparent that 
any additional spectator vessels in the viewing area will create a 
safety hazard, the patrol commander may prevent additional vessels from 
entering it. After the event has concluded and the fireworks barges 
have safely relocated outside of the main channel, vessels will be 
allowed to depart the viewing area as directed by the patrol commander.
    We created the viewing area within this safety zone in order to 
reduce significant safety hazards in this area of the East River, due 
in great part, to the extremely strong currents. Based on experience 
from similar events in this area of the East River, we are concerned 
that smaller spectator craft located in between the two fireworks barge 
sites could drift into the fallout zone of either barge site. 
Additionally, experience from previous events has also shown that 
having large and small craft located in a confined area presents safety 
hazards for both sized vessels due to vessel wake, anchor swing radii, 
and restricted visibility of larger vessels in a confined area.
    One safety zone is required for this large section of the East 
River because the Coast Guard has a limited amount of assets available 
to patrol this event. If we made this zone into two zones, we could not 
adequately enforce the boundaries of both zones, and the safety of the 
port and the mariners would be unacceptably compromised because of the 
two nearby fireworks barge locations in a confined waterway with 
significant currents. Fireworks barge locations are normally south of 
Roosevelt Island and the Brooklyn Bridge.
    The Staten Island Ferries may continue services to their ferry slip 
at Whitehall Street, Manhattan. 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, NY, and those persons traveling to and from 
Manhattan at the end of a national holiday.
    The proposed safety zone is effective from 6:30 p.m. (e.s.t.) until 
11:30 p.m. (e.s.t.) on July 4th. If the event is cancelled due to 
inclement weather, then this proposed safety zone is effective from 
6:30 p.m. (e.s.t.) until 11:30 p.m. (e.s.t.) on July 5th. 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 barges in the area. No vessel may enter the 
safety zone without permission from the Captain of the Port, New York.
    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 the Local 
Notice to Mariners, marine information broadcasts, facsimile, and 
Macy's waterways telephone hotline. In previous years this telephone 
hotline has been established in early June.

Discussion of Proposed Rule

    The proposed safety zone is for the Macy's July 4th fireworks 
display held in the East River, NY. This event is held annually on July 
4th. If the event is cancelled due to inclement weather, then this 
event will be held on July 5th. This rule is being proposed to provide 
for the safety of life on navigable waters during the event, to give 
the marine community the opportunity to comment on this event, and to 
decrease the amount of annual paperwork required for this event.
    The proposed size of this safety zone was determined using National 
Fire Protection Association and New York City Fire Department standards 
for 8 to 12 inch mortars fired from a barge, combined with the Coast 
Guard's knowledge of tide and current conditions in this area.

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. The Office of Management and Budget has not reviewed it 
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).
    We expect 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-three 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

[[Page 81473]]

maritime community by the Local Notice to Mariners, marine information 
broadcasts, facsimile, and the event sponsor establishes and advertises 
a telephone hotline 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 normally 
activated in early June each year.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit or anchor in a portion of the East River during 
the times these zones are activated.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities 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-three 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 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 normally activated in early June 
each year.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant M. Day, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4012.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this rule does not have implications for 
federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We 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. This proposed rule fits 
paragraph 34(g) as it establishes a safety zone. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 165 as follows:

Part 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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, 160.5; 49 CFR 1.46.
    2. Add Sec. 165.166 to read as follows:


Sec. 165.166  Safety Zone: Macy's July 4th Fireworks, East River, NY.

    (a) Regulated Area. The following area is a safety zone: All waters 
of the East River east of a line drawn from the Fireboat Station Pier, 
Battery Park City, in approximate position 40 deg.42'15.4"N 
074 deg.01'06.8"W (NAD 1983) to Governors Island Light (2) (LLNR 
35010), in approximate position 40 deg.41'34.4"N 074 deg.01'10.9"W (NAD 
1983); north of a line drawn from Governors Island, in approximate 
position 40 deg.41'25.3"N 074 deg.00'42.5"W (NAD 1983) to the southwest 
corner of Pier 9A, Brooklyn; south of a line drawn from East 47th 
Street, Manhattan through the southern point of Roosevelt Island to 46 
Road, Brooklyn, and all waters of Newtown Creek west of the Pulaski 
Bascule Bridge.
    (b) Activation Period. This section is activated annually from 6:30 
p.m. (e.s.t.) until 11:30 p.m. (e.s.t.) on July 4th. If the event is 
cancelled due to inclement weather then this section is in effect from 
6:30 p.m. (e.s.t.) until 11:30 p.m. (e.s.t.) on July 5th.

[[Page 81474]]

    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) No vessels, except the Staten Island Ferries, will be allowed 
to transit the safety zone without the permission of the Captain of the 
Port, New York.
    (3) 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.
    (4) Vessels equal to or greater than 20 meters (65.6 feet) in 
length carrying persons for the purpose of viewing the firework may 
take position in an area inside the safety zone, at least 200 yards off 
the bulkhead on the west bank just off the pierhead faces on the east 
bank of the East River between the Williamsburg Bridge and North 9th 
Street, Brooklyn. This area is bound by the following points: 
40 deg.42'45.5"N 073 deg.58'07.4"W; thence to 40 deg.42'50.4"N 
073 deg.58'23.2"W; thence to 40 deg.43'23.1"N 073 deg.58'12.7"W; thence 
to 40 deg.43'21.5"N 073 deg.57'45.7"W; (NAD 1983) thence back to the 
point of beginning. All vessels must be in this location by 6:30 p.m. 
(e.s.t.) the day of the event.

    Dated: November 3, 2000.
P.A. Harris,
Captain, U. S. Coast Guard, Captain of the Port, New York, Acting.
[FR Doc. 00-32826 Filed 12-22-00; 8:45 am]
BILLING CODE 4910-15-U