[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Rules and Regulations]
[Pages 35534-35536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12119]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-05-017]
RIN 1625-AA00


Safety Zone: Macy's July 4th Fireworks, East River and Upper New 
York Bay, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the permanent safety zone for the 
annual Macy's July 4th fireworks display found at 33 CFR 165.166 to 
accommodate an added fireworks discharge site near Liberty Island. This 
action is necessary to provide for the safety of life on navigable 
waters during the event. This will restrict vessel traffic in portions 
of the East River, Hudson River, and Upper New York Bay during the 
duration of the Macy's July 4th fireworks event.

DATES: This rule is effective June 21, 2005.

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 (CGD01-05-017) and are available for inspection or 
copying at room 203, Coast Guard Sector New York, 212 Coast Guard 
Drive, Staten Island, New York 10305 between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander E. Morton, 
Waterways Management Division, Coast Guard Sector New York (718) 354-
4191.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 11, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone: Macy's July 4th Fireworks, East River 
and Upper New York Bay, NY'' in the Federal Register (70 FR 18343). We 
received no letters commenting on the proposed rule. No public meeting 
was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for

[[Page 35535]]

making this rule effective less than 30 days after publication in the 
Federal Register. This rule governs an annual July 4th event and is 
necessary to provide for the safety of life and property on navigable 
waters during a large-scale fireworks display.

Background and Purpose

    The Coast Guard is revising 33 CFR 165.166, the permanent safety 
zone for the annual Macy's July 4th fireworks displays in the East 
River and Upper New York Bay, to protect a third fireworks discharge 
location near Liberty Island, which was not anticipated by the original 
regulation. The safety zone previously encompassed a portion of the 
East River from Roosevelt Island to Governor's Island and was defined 
as 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. The revised regulation 
increases the size of the safety zone to include all waters of the 
Upper New York Bay south of a line drawn from Pier A (Fireboat Station 
Pier), Battery Park City, in approximate position 40[deg]42'15.4'' N 
074[deg]01'06.8'' W (NAD 1983) to the easternmost corner of the Ellis 
Island Security Zone, in approximate position 40[deg]41'57.6'' N 
074[deg]02'06.7'' W (NAD 1983); and north of a line drawn from Pier 7, 
Jersey City, NJ, in approximate position 40[deg]41'26.4'' N 
074[deg]03'17.3'' W (NAD 1983) to Liberty Island Lighted Gong Buoy 29 
(LLNR 34995), in approximate position 40[deg]41'02.2'' N 
074[deg]02'24.7'' W (NAD 1983), on to Governor's Island Extension Light 
(LLNR 35000), in approximate position 40[deg]41'08.3'' N 
074[deg]01'35.4'' W (NAD 1983).
    The activation period for this expanded safety zone remains 
unchanged from the previous regulation. The expanded safety zone will 
remain effective from 6:30 p.m. until 11:30 p.m. on July 4th. If the 
event is cancelled due to inclement weather, then this safety zone will 
be effective from 6:30 p.m. until 11:30 p.m. on July 5th. The expanded 
safety zone prevents vessels from transiting these portions of the East 
River, Hudson River, and Upper New York Bay, and is needed to protect 
mariners 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 Comments and Changes

    One minor change will be made to the description of the northern 
boundary of the safety zone on the East River. The regulation text 
currently indicates the eastern reference point for this boundary as 
``46 Road, Brooklyn,'' and is changed to properly identify this 
reference point as ``46 Road, Queens.''

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland 
Security (DHS).
    This safety zone temporarily closes a major portion of the East 
River and Upper New York Bay 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 takes 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 have 
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 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 or Upper 
New York Bay 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 same reasons that the 
impact is expected to be minimal, listed under Regulatory Evaluation.

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. No such 
assistance was requested.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

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

    A rule has implications for federalism under Executive Order 13132,

[[Page 35536]]

Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph 34(g), of the Instruction, from further 
environmental documentation. This rule fits paragraph 34(g) as it 
increases the size of an existing safety zone. A final ``Environmental 
Analysis Check List'' and a final ``Categorical Exclusion 
Determination'' are 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.


0
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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Revise Sec.  165.166(a) to read as follows:


Sec.  165.166  Safety Zone: Macy's July 4th Fireworks, East River and 
Upper New York Bay, NY.

    (a) Regulated Area. The following area is a safety zone: All waters 
of the Upper New York Bay south of a line drawn from Pier A (Fireboat 
Station Pier), Battery Park City, in approximate position 
40[deg]42'15.4'' N 074[deg]01'06.8'' W (NAD 1983) to the easternmost 
corner of the Ellis Island Security Zone, in approximate position 
40[deg]41'57.6'' N 074[deg]02'06.7'' W (NAD 1983); north of a line 
drawn from Pier 7, Jersey City, NJ, in approximate position 
40[deg]41'26.4'' N 074[deg]03'17.3'' W (NAD 1983) to Liberty Island 
Lighted Gong Buoy 29 (LLNR 34995), in approximate position 
40[deg]41'02.2'' N 074[deg]02'24.7'' W (NAD 1983), on to Governor's 
Island Extension Light (LLNR 35000), in approximate position 
40[deg]41'08.3'' N 074[deg]01'35.4'' W (NAD 1983); all waters of the 
East River 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, Queens; and all waters of Newtown Creek west of the Pulaski 
Bascule Bridge.
* * * * *

    Dated: June 8, 2005.
Glenn A. Wiltshire,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 05-12119 Filed 6-20-05; 8:45 am]
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