Safety Zone: Macy's Fourth of July Fireworks, East River, NY

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

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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

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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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