[Federal Register Volume 66, Number 78 (Monday, April 23, 2001)]
[Rules and Regulations]
[Pages 20403-20405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9990]


=======================================================================
-----------------------------------------------------------------------

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: Final rule.

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

SUMMARY: The Coast Guard is establishing 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: This rule is effective May 23, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-00-242) and are available for inspection or 
copying at Waterways Oversight Branch, Coast Guard Activities New York, 
212 Coast Guard Drive, room 204, Staten Island, New York 10305, 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:

Regulatory Information

    On December 26, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone: Macy's July 4th Fireworks, East River, NY 
in the Federal Register (65 FR 81471). We received one letter 
commenting on the proposed rule. No public hearing was requested, and 
none was held.

Background and Purpose

    The Coast Guard is establishing 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

[[Page 20404]]

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 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 safety zone is effective from 6:30 p.m. (e.s.t.) 
until 11:30 p.m. (e.s.t.) on July 5th. 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 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.
    The 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. 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.

Discussion of Comments and Changes

    The Coast Guard received one letter commenting on the proposed 
rulemaking. No changes were made to this rulemaking. The commenter 
stated that the fireworks display will: (1) Emit thousands of pounds of 
air pollutants, some of which are the toxic combustion products of 
coloring agents used for the display; (2) be a violation of the Act to 
Prevent Pollution From Ships as it is an un-permitted discharge from 
the fireworks barges, including the discharge of plastics; (3) result 
in an adverse environmental impact due to the aggregation of spectator 
boats; and (4) require the Coast Guard to review its obligations for 
consistency review under the Coastal Zone Management Act.
    The Coast Guard has determined that these matters are properly 
addressed in the determination whether to grant a marine event permit 
for the underlying fireworks event rather than in this rulemaking. It 
is the underlying event that triggers consideration of these items 
rather than this rulemaking itself. This rule, in accordance with our 
statutory authority, is limited to protecting safety of human life on 
the navigable waters during the event, which has not been approved yet. 
Prior to deciding whether to issue a marine event permit for this 
display, the Coast Guard will take these matters into account.

Regulatory Evaluation

    This 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 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 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 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will 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 will 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,

[[Page 20405]]

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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. However, 
we received no requests for assistance from small entities.

Collection of Information

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

Federalism

    We have analyzed this 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 unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will 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 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 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian Tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraph 34(g), of Commandant Instruction 
M16475.1C, this rule is categorically excluded from further 
environmental documentation. This 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 amends 
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. until 11:30 p.m. on July 4th. If the event is cancelled due to 
inclement weather then this section is in effect from 6:30 p.m. until 
11:30 p.m. on July 5th.
    (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 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.

    Dated: April 11, 2001.
R.E. Bennis,
Rear Admiral, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 01-9990 Filed 4-20-01; 8:45 am]
BILLING CODE 4910-15-U