[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Rules and Regulations]
[Pages 38408-38411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16262]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0114]
RIN 1625-AA08


Special Local Regulations; Macy's Fourth of July Fireworks 
Spectator Vessels Viewing Areas, Hudson River, New York, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation on the Hudson River in the vicinity of New York, NY, for the 
Macy's July 4th fireworks display. This temporary special local 
regulation is intended to restrict certain vessels from designated 
portions of the Hudson River during the fireworks event. This 
regulation is necessary to provide for the safety of life on navigable 
waters by controlling vessel movement and establishing public viewing 
areas for the fireworks event.

DATES: This rule is effective from 7 p.m. on July 4, 2010 until 11:30 
p.m. on July 5, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0114 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0114 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail LTJG Eunice James, Sector New York 
Waterways Management Division, Marine Events Branch. Coast Guard; 
telephone (718) 354-4163, e-mail [email protected]. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because sufficient information regarding the 
event was not received in time to publish a NPRM followed by a final 
rule before the effective date, thus making the publication of a NPRM 
impractical. A delay or cancellation of the event in order to allow for 
a notice and comment period is contrary to the public interest in 
having this event occur on July 4 as scheduled.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying this rule would be 
contrary to the public interest of ensuring the safety of spectators 
and vessels during the event and immediate action is necessary to 
prevent possible loss of life or property. Also, a delay or 
cancellation of the fireworks event in order to allow for publication 
in the Federal Register is contrary to the public's interest in having 
this event occur as scheduled.

Basis and Purpose

    This temporary special local regulation is necessary to ensure the 
safety of vessels and spectators from hazards associated with fireworks 
display. Based on the inherent hazards associated with fireworks, the 
Captain of the Port New York has determined that fireworks launches 
proximate to

[[Page 38409]]

watercraft pose significant risk to public safety and property. The 
combination of increased numbers of recreation vessels, congested 
waterways, darkness punctuated by bright flashes of light, and debris 
falling into the water has the potential to result in serious injuries 
or fatalities. This special local regulation temporarily establishes a 
regulated area to restrict vessel movement around the location of the 
launch platforms to reduce the risk associated with the launch of 
fireworks.

Discussion of Rule

    MACY's is sponsoring their 34th Annual Macy's Fourth of July 
Fireworks on the waters of the Hudson River. This temporary special 
local regulation is necessary to ensure the safety of spectators and 
vessels from hazards associated with the fireworks display.
    The fireworks display will occur from 9:20 p.m. until 9:50 p.m. In 
order to coordinate the safe movement of vessels within the area and to 
ensure that the area is clear of unauthorized persons and vessels 
before and immediately after the fireworks launch, this rule is 
effective and will be enforced from 7 p.m. until 10:30 p.m. on July 4, 
2010.
    If the event is cancelled due to inclement weather, then this 
special local regulation will be effective from 7 p.m. until 11:30 p.m. 
on July 5, 2010.
    The special local regulation will encompass all waters of the 
Hudson River south of a line drawn from Pier 11A, Weehawken, NJ, to 
West 70th Street, New York, NY, and north of a line drawn from the 
northwest corner of Pier 40, New York, NY to a point at position 
40[deg]43[min]51.2[sec] N, 074[deg]01[min]41.5[sec] W, Jersey City 
Pier, NJ. All geographic coordinates are North American Datum of 1983 
(NAD 83).
    The Captain of the Port New York will establish five limited access 
areas within the boundaries of the special local regulation. Access to 
these areas will be restricted to vessels of a certain size. The five 
limited access areas are: (1) A ``buffer zone'' around the fireworks 
launch barges, designated area ALPHA, limited to all vessels tending 
the barges; (2) a ``spectator area'' designated BRAVO in which access 
is limited to vessels less than 20 meters in length (65.6ft); (3) 
``spectator area'' designated CHARLIE in which access is limited to 
vessels greater than 20 meters in length (65.6ft); (4) ``spectator 
area'' designated DELTA in which access is limited to vessels greater 
than 20 meters in length (65.6ft); and (5) a ``spectator area'' 
designated ECHO in which access is limited to vessels less than 20 
meters in length (65.6ft).
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port New York or the designated on-scene 
representative. Entry into, transiting, or anchoring within the 
regulated area is prohibited unless authorized by the Captain of the 
Port New York, or the designated on-scene representative. The Captain 
of the Port New York or the on-scene representative may be contacted 
via VHF Channel 16.
    Public notifications will be made prior to the event via the Local 
Notice to Mariners, and marine information broadcasts.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    This determination is based on the limited time that vessels will 
be restricted from the fireworks display area. The temporary safety 
zone will only be in effect for approximately four hours during the 
evening hours. The Coast Guard expects insignificant adverse impact to 
mariners from the zone's activation as the event has been extensively 
advertised in the public. Also, affected mariners may request 
authorization from the Captain of the Port New York or the designated 
on-scene representative to transit the zone.

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 rule will affect the following entities, some of which 
may be small entities: The owners and operators of vessels intending to 
transit or anchor in a portion of the Hudson River, in the vicinity of 
New York City, NY from 7 p.m. to 10:30 p.m. on July 4th, 2010.
    This temporary special local regulation will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons: This rule will be in effect for only four hours on a 
single day during the late evening for this fireworks event. Although 
the special local regulation will apply to the entire width of the 
river, traffic will be allowed to pass through the area with the 
permission of the Captain of the Port New York or the designated on-
scene representative. Before the effective period, we will issue 
maritime advisories widely available to users of the waterway.
    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 offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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, 
Federalism, if it has a substantial direct

[[Page 38410]]

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 (adjusted for 
inflation) 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 cause 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 create 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of 
the Instruction. This rule involves the promulgation of a special local 
regulation regulating vessel traffic on a portion of the lower Hudson 
River during the launching of fireworks. An environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

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


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


0
2. Add Sec.  100.35T0144 to read as follows:


Sec.  100.35T0144  Special Local Regulation; Macy's July Fourth 
Fireworks Spectator Vessel Viewing Area, Hudson River, New York, NY.

    (a) Regulated Area. The regulated area includes all waters of the 
Hudson River within the following points (NAD 83): all navigable waters 
of the Hudson River bounded by a line drawn east from approximate 
position 40[deg]46'35.43'' N, 074[deg]00'7.53'' W in New Jersey, to a 
point in approximate position 40[deg]46'16.98'' N, 073[deg]59'52.34'' W 
in New York, thence south along the Manhattan shoreline to approximate 
position 40[deg]44'48.98'' N, 074[deg]00'41.06'' W, then west to 
approximate position 40[deg]44'55.91'' N, 074[deg]01'24.94'' W, then 
north along the New Jersey shoreline and back to the point of origin.
    (1) Area ALPHA: all navigable waters of the Hudson River bounded by 
a line drawn east from approximate position 40[deg]46'35.43'' N, 
074[deg]00'7.53'' W in New Jersey, to a point in approximate position 
40[deg]46'16.98'' N, 073[deg]59'52.34'' W in New York, thence south 
along the Manhattan shoreline to approximate position 40[deg]44'48.98'' 
N, 074[deg]00'41.06'' W, then west to approximate position 
40[deg]44'55.91'' N, 074[deg]01'24.94'' W; then north along the New 
Jersey shoreline and back to the point of origin. (NAD 83).
    (2) Area BRAVO: All navigable waters of the Hudson River bounded by 
a line drawn east from approximate position 40[deg]46'35.43'' N, 
074[deg]00'37.53'' W in New Jersey, across the Hudson River to a point 
in approximate position 40[deg]46'16.98'' N, 073[deg]59'52.34'' W in 
New York, thence north along the Manhattan shoreline to approximate 
position 40[deg]46'31.38'' N, 073[deg]59' 37.46'' W, then west to 
approximate position 40[deg]46'47.71'' N, 074[deg]00'19.73'' W, then 
south along the New Jersey shoreline and back to the point of 
origin.(NAD 83).
    (3) Area CHARLIE: All navigable waters of the Hudson River bounded 
by a line drawn east from a point in New Jersey in approximate position 
40[deg]46'47.71'' N, 074[deg]00'19.73'' W in New Jersey to approximate 
position 40[deg]46'31.38'' N, 073[deg]59'37.46'' W in New York, thence 
north along the Manhattan shoreline to approximate position 
40[deg]46'47.60'' N, 073[deg]59'22.26'' W, then west to a point in New 
Jersey in

[[Page 38411]]

approximate position 40[deg]47'03.39'' N, 074[deg] 00'00.19'' W, then 
south along the New Jersey shoreline back to the point of origin.(NAD 
83).
    (4) Area DELTA: All navigable waters of the Hudson River bounded by 
a line drawn east from approximate position 40[deg]44' 55.56'' N, 
074[deg]01' 21.18'' W in New Jersey, to a point in New York in 
approximate position 40[deg]44' 48.98'' N, 074[deg]00'41.06'' W, then 
south along the Manhattan shoreline to approximate position 
40[deg]44'21.84'' N, 074[deg]00'41.78'' N, then west to a point in 
approximate position 40[deg]44'23.91'' N, 074[deg]01'29.05'' W in 
Hoboken, NJ, then north along the New Jersey shoreline back to the 
point of origin.(NAD 83).
    (5) Area ECHO: All navigable waters of the Hudson River bounded by 
a line drawn east from a point in New Jersey in approximate position 
40[deg]44'23.91'' N, 074[deg]01'29.05'' W; to approximate position 
40[deg]44'21.84'' N, 074[deg]00'41.78'' W; then south along the 
Manhattan shoreline to approximate position 40[deg]43'49.63'' N, 
074[deg]00'49.65'' W; then west to a point in 40[deg]43'50.60'' N, 
074[deg]01'51.00'' W in Hoboken New Jersey, then north along the New 
Jersey shoreline back to the point of origin.(NAD 83).
    (b) Special local regulations. (1) In accordance with the general 
regulations is Sec.  100.35 of this part, entry into, transiting, or 
anchoring within the regulated areas is prohibited unless the vessel is 
in an area designated for vessels of that size or entry is otherwise 
authorized by the Captain of the Port New York, or the designated on-
scene representative.
    (2) Vessels are authorized by the Captain of the Port New York to 
enter areas of this special location regulation in accordance with the 
following restrictions:
    (i) Area ALPHA is restricted to vessels engaged in conducting the 
fireworks display and tending to the launch barges.
    (ii) Area BRAVO access is limited to vessels greater than 20 meters 
(65.6ft) in length.
    (iii) Area CHARLIE access is limited to vessels less than 20 meters 
(65.6ft) in length.
    (iv) Area DELTA access is limited to vessels greater than 20 meters 
(65.6ft) in length.
    (v) Area ECHO access is limited to vessels less than 20 meters 
(65.6ft) in length.
    (3) All persons and vessels in the regulated areas shall comply 
with the instructions of the Coast Guard Captain of the Port New York 
or the designated on-scene representative. On-scene representatives 
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.
    (c) Enforcement Period: This section will be enforced from 7 p.m. 
to 10:30 p.m. on July 4, 2010, and if the fireworks display is 
postponed, it will be effective from 7 p.m. until 11:30 p.m. on July 5, 
2010.

    Dated: June 14, 2010.
R.R. O'Brien, Jr.,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2010-16262 Filed 6-30-10; 11:15 am]
BILLING CODE 9110-04-P