[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]
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