Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25189

scene patrol commander. On-scene

patrol personnel include commissioned,

warrant, and petty officers of the U.S.

Coast Guard. Upon hearing five or more

blasts from a U.S. Coast Guard vessel,

the operator of a vessel shall stop

immediately, then proceed as directed.

Members of the Coast Guard Auxiliary

will also be present to inform vessel

operators of this regulation and other

applicable laws.

(c) Effective period. This section will

be effective from 10 a.m. to 4 p.m. on

Saturday, July 22, 1995, and thereafter

annually on the third or fourth Saturday

in July, at the same prescribed times,

unless otherwise specified in the Coast

Guard Local Notice to Mariners and a

notice in the Federal Register.

Dated: May 1, 1995.

J.L. Linnon,

Rear Admiral, U.S. Coast Guard Commander,

First Coast Guard District

[FR Doc. 95–11660 Filed 5–10–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–95–031]

RIN 2115–AA97

Safety Zone: Macy’s 1995 Fourth of

July Fireworks, East River, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a safety zone for the annual

Macy’s Fourth of July Fireworks

program in New York Harbor. The event

will take place on Tuesday, July 4, 1995,

from 6 p.m. until 11 p.m., on the East

River. With the exception of certain

vessels, which may enter designated

portions of the safety zone, the East

River will be temporarily closed to

vessel transits. This safety zone is

needed to protect mariners from the

hazards associated with fireworks

exploding in the area, and from the

dangers associated with vessels

operating with limited maneuverability

in confined waters.

DATES: Comments must be received on

or before June 12, 1995.

ADDRESSES: Comments should be

mailed to U.S. Coast Guard Group, New

York, Bldg. 108, Governors Island, New

York 10004–5096, or may be delivered

to the Planning and Readiness Division,

Bldg. 108, between 8:00 a.m. and 4:00

p.m., Monday through Friday, except

Federal holidays. Any person wishing to

visit the office must contact the

Planning and Readiness Division at

(212) 668–7934 to obtain advance

clearance due to the fact that Governors

Island is a military installation with

limited access.

FOR FURTHER INFORMATION CONTACT:

Lieutenant R. Trabocchi, Chief,

Planning and Readiness Division, Coast

Guard Group/Captain of the Port New

York (212) 668–7934.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. A 30 day comment

period is deemed to be sufficiently

reasonable notice to all interested

persons. Since this proposed

rulemaking is neither complex nor

technical, a longer comment period is

deemed to be unnecessary and contrary

to the public interest. Any delay in

publishing a final rule will effectively

cancel this annual event. cancellation of

this annual event will be contrary to

public interest.

Persons submitting comments should

include their names and addresses,

identify this notice (CGD01–95–031)

and the specific section of the proposal

to which their comments apply, and

give reasons for each comment. Persons

wanting acknowledgment of receipt of

comments should enclose a stamped,

self-addressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments. The Coast Guard

plans no public hearing; however,

persons may request a public hearing by

writing to the Planning and Readiness

Division at the address under

ADDRESSES. If it is determined 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.

Drafting Information: The drafters of this

notice are LT R. Trabocchi, Project Manager,

Coast Guard Group/Captain of the Port New

York and LCDR J. Stieb, Project Attorney,

First Coast Guard District, Legal Office.

Background and Purpose

Macy’s has notified the Coast Guard

that it intends to sponsor a fireworks

program on the East River, New York,

on July 4, 1995. This proposed

regulation would establish a safety zone

that will temporarily close the East

River to vessel transits from 6 p.m. until

11 p.m. on July 4, 1995. This safety zone

includes all waters of the East River,

shore to shore, east of a line drawn from

the Fireboat Station, at Battery Park,

Manhattan, New York (40°42′16′′N

latitude 074°01′07′′W longitude) to the

Governors Island Light at the northwest

point of Governors Island, New York

(40°41′35′′N latitude 074°01′11′′W

longitude); north of a line drawn from

the Brooklyn Battery Tunnel ventilator

shaft at Governors Island, New York, to

the northwest corner of Pier 6,

Brooklyn, New York; south of a line

drawn from Lawrence Point to Stony

Point, and south of the Harlem River

Footbridge. This safety zone also

includes all waters of Newtown Creek,

Brooklyn, New York, west of

073°57′37′′W longitude; and, within the

boundaries of the safety zone, all waters

inward of the pierheads and bulkheads

south of Roosevelt Island. There will be

seven (7) fireworks barges between the

southern tip of Roosevelt Island and the

southern boundaries of this safety zone.

No vessel may enter the safety zone

without permission of the Captain of the

Port New York. Certain designated

vessels may enter this safety zone.

These designated vessels are defined as

follows: (1) Vessels less than 20 meters

(65.6 feet) in length, carrying persons for

the sole purpose of viewing the

fireworks may enter the zone north of

the southern tip of Roosevelt Island. (2)

Vessels greater than 20 meters (65.6 feet)

in length, carrying persons for the sole

purpose of viewing the fireworks

display, may enter the zone and take

position at least 200 yards off the west

bank of the East River between the

Williamsburg Bridge and the charted

position of Buoy 18 (LLNR 27335).

These vessels may enter the zone and

proceed to this area between 6:30 p.m.

and 8 p.m., and must remain in position

until released by the Captain of the Port

New York. (3) The Staten Island and

Coast Guard ferries may continue

services to their ferry slips at the

Battery, Manhattan, New York, but will

not be permitted to transit east of the

Coast Guard ferry slip, also known as

Slip 6, at the Battery, Manhattan, New

York. On scene patrol personnel will

monitor the number of designated

vessels entering into the viewing areas

of the zone. If it becomes apparent that

any additional spectator vessels in a

specific viewing area will create a safety

hazard, the Patrol Commander may

prevent additional vessels from entering

into that viewing area.

Vessels not meeting this criteria 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. Restricting

vessels in the safety zone as described

above will minimize the threat posed by

vessels with limited maneuverability.

Continuing ferry services in the
25190 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

southwestern portion of the safety zone

will not create a hazard nor be

threatened by the fireworks display

because Vessel Traffic Service 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

Governors Island, New York, and those

persons traveling to and from

Manhattan at the end of the business

holiday.

This safety zone covers the minimum

area needed to ensure the protection of

all vessels and fireworks handlers

aboard the barges.

Regulatory Evaluation

This proposal 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 been exempted from review

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

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10(E) of the regulatory policies and

procedures of DOT is unnecessary. This

proposed safety zone will temporarily

close the East River to vessel traffic.

There is a regular flow of traffic through

this area; however, due to 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 fact that the event is taking

place at a late hour on a Federal

holiday, and that vessel traffic is

expected to be somewhat reduced due

to this Federal holiday falling on

weekday not immediately preceeding or

following a weekend, the impact of this

regulation is expected to be minimal.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

Section 3 of the Small Business Act (15

U.S.C. 632).

For reasons set forth in the above

Regulatory Evaluation, the Coast Guard

expects the impact of this proposal to be

minimal. The Coast Guard certifies

under 5 U.S.C. 605(b) that this proposal

will not have a significant economic

impact on a substantial number of small

entities.

Collection of Information

This proposal contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501).

Federalism

The Coast Guard has analyzed this

action in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this proposal does not raise sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that under section

2.B.2.e. of Commandant Instruction

M164475.1B, revised 59 FR 38654, July

29, 1994, the promulgation of this

regulation is categorically excluded

from further environmental

documentation. A Categorical Exclusion

Determination and Environmental

Analysis Checklist are included in the

docket. An appropriate environmental

analysis of the fireworks program will

be conducted in conjunction with the

marine event permitting process.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Vessels, Waterways.

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), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. A temporary section, 165.T01–031

is added to read as follows:

§ 165.T01–031 Safety Zone; Macy’s 1995

Fourth of July Fireworks, East River, New

York.

(a) Location. This safety zone includes

all waters of the East River, shore to

shore, east of a line drawn from the

Fireboat Station, at Battery Park,

Manhattan, New York (40°42′16′′ N

latitude 074°01′07′′ W longitude) to the

Governors Island Light at the northwest

point of Governors Island, New York

(40°41′35′′ N latitude 074′01′11′ W

longitude); north of a line drawn from

the Brooklyn Battery Tunnel ventilator

shaft at Governors Island, New York, to

the northwest corner of Pier 5,

Brooklyn, New York, to the northwest

corner of Pier 6, Brooklyn, New York;

south of a line drawn from Lawrence

Point to Stony Point, and south of the

Harlem River Footbridge. This safety

zone also includes all waters of

Newtown Creek, Brooklyn, New York,

west of 073°57′37′′ W longitude; and,

within the boundaries of the safety

zone, all waters inward of the pierheads

and bulkheads south of Roosevelt

Island.

(b) Effective period. This safety zone

is effective from 6 p.m. until 11 p.m. on

July 4, 1995, unless extended or

terminated sooner by the Captain of the

Port New York.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply to this safety zone.

(2) No vessels will be allowed to enter

the safety zone without permission of

the Captain of the Port New York.

(3) The following vessels may enter

the safety zone:

(i) Vessels less than 20 meters (65.6

feet) in length, carrying persons for the

sole purpose of viewing the fireworks

may enter the zone north of the

southern tip of Roosevelt Island.

(ii) Vessels greater than 20 meters

(65.6 feet) in length, carrying persons for

the sole purposes of viewing the

fireworks display may enter the zone

and take positions at least 200 yards off

the west bank of the East River between

6:30 p.m. and 8 p.m., and must remain

in position until released by the Captain

of the Port New York.

(iii) The Staten Island and Coast

Guard ferries may continue services to

their ferry slips at the Battery,

Manhattan, New York, but may not be

permitted to transit east of the Coast

Guard ferry slip, also known as Slip 6,

at the Battery, Manhattan, New York.

(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.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceed as directed.

Dated: May 2, 1995.

T.H. Gilmour,

Captain, U.S. Coast Guard, Captain of the

Port New York.

[FR Doc. 95–11659 Filed 5–10–95; 8:45 am]

BILLING CODE 4910–14–M