[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Rules and Regulations]
[Pages 35130-35132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16894]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-96-041]
RIN 2115-AA97


Safety Zone: Macy's 1996 Fourth of July Fireworks, East River, 
New York

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the annual Macy's Fourth of July Fireworks program in New York Harbor. 
The event will take place on Thursday, July 4, 1996, from 7:30 p.m. 
until 11 p.m. on the East River. This safety zone temporarily closes a 
major portion of the East River to vessel transits.

EFFECTIVE DATE: This rule is effective from 7:30 p.m. until 11 p.m. on 
July 4, 1996, unless extended or terminated sooner by the Captain of 
the Port New York.

FOR FURTHER INFORMATION CONTACT: Lieutenant J. W. Green, Chief, 
Waterways Oversight Branch, Waterways Management Division, Coast Guard 
Activities New York (212) 668-7906.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing an NPRM and for making this regulation effective less than 
30 days after Federal Register publication. Due to the date complete 
information regarding this event was received, there was insufficient 
time to draft and publish an NPRM. Any delay encountered in this 
regulation's effective date would be contrary to public interest since 
immediate action is needed protect the maritime public from the hazards 
associated with large amounts of fireworks exploding from four separate 
barge locations in the waters of the East River.

Background and Purpose

    Macy's has submitted an Application for Approval of Marine Event to 
hold a fireworks program on the waters of the East River. This 
regulation establishes a temporary safety zone in the waters of the 
East River. The safety zone includes all waters of the East River, 
shore to shore, north of a line drawn from the foot of East 10th 
Street, Manhattan, east through the chartered position of Buoy 18 (LLNR 
27335) to the foot of North 8th Street, Brooklyn, New York, and south 
of a line drawn from Lawrence Point (40 deg.47'27''N latitude 
073 deg.54'35''W longitude) to Stony Point (40 deg.47'48''N latitude 
073 deg.54'42''W longitude), and south of the Harlem River Foot Bridge, 
New York. This safety zone area also includes all waters of Newtown 
Creek west of the 073 deg.57'37''W line of longitude and all waters 
inward of the pierheads and bulkheads between the Queensboro Bridge, 
Roosevelt Island, and the southern boundary of this safety zone. No 
vessel may enter the safety zone without permission of the Captain of 
the Port New York. Certain designated vessels will be allowed to take 
position within the zone as follows: (1) vessels less than 20 meters 
(65.6 feet) in length, carrying persons for the sole purpose of viewing 
the fireworks may take position north of the southern tip of Roosevelt 
Island; and (2) vessels equal to or greater than 20 meters (65.6 feet) 
in length, carrying persons for the sole purpose of viewing the 
fireworks display, may take position in an area at least 300 yards off 
the bulkhead on the west bank and just off the pierhead faces on the 
east bank of the East River

[[Page 35131]]

between a line drawn from East 15th Street, Manhattan, to a point due 
east on the Brooklyn shore north of the entrance to Bushwick Inlet and 
a line drawn from the foot of East 10th Street, Manhattan, east through 
the chartered position of Buoy 18 (LLNR 27335) to the foot of North 8th 
Street, Brooklyn.
    All vessels must be in their respective viewing areas not later 
than 7:30 p.m. These vessels once in position within the zone 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 a specific viewing 
area will create a safety hazard, the patrol commander may prevent 
additional vessels from entering into that viewing area.
    Vessels not complying with 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.
    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.

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 temporarily closes a major 
portion of 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 a weekday not immediately proceeding 
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.
    Therefore, the Coast Guard finds that this rule 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 rule will have significant economic impact 
on your business or organization, please submit a comment explaining 
why you think it qualifies and in what way and to what degree this rule 
will economically affect it.

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 M16475.1B, 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.

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 amends 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.T01-041 is added to read as follows:


Sec. 165.T01-041  Safety Zone: Macy's 1996 Fourth of July Fireworks, 
East River, New York.

    (a) Location. The safety zone includes all waters of the East 
River, shore to shore, north of a line drawn from the foot of East 10th 
Street, Manhattan, east through the charted position of Buoy 18 (LLNR 
27335) to the foot of North 8th Street, Brooklyn, and south of a line 
drawn from Lawrence Point (40 deg.47'27''N latitude 073 deg.54'35''W 
longitude) to Stony Point (40 deg.47'48''N latitude 073 deg.54'42''W 
longitude), and south of the Harlem River Foot Bridge, New York. This 
safety zone area also includes all waters of Newtown Creek west of the 
073 deg.57'37''W line of longitude and all waters inward of the 
pierheads and bulkheads between the Queensboro Bridge, Roosevelt Island 
and the southern boundaries of this safety zone.
    (b) Effective period. This section is effective from 7:30 p.m. 
until 11 p.m. on July 4, 1996, 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 remain within the safety zone:
    (i) Vessels less than 20 meters (65.6 feet) in length, carrying 
persons for the sole purpose of viewing the fireworks display may take 
position within 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 purpose of viewing the fireworks display may take 
position within an area at least 300 yards off the bulkhead on the west 
bank and just off the pierhead faces on the east bank of the East River 
between a line drawn from the foot of 15th Street, Manhattan, to a 
point due east on the Brooklyn shore north of the entrance to Bushwick 
Inlet and a line drawn from the foot of

[[Page 35132]]

East 10th Street, Manhattan, east through the charter position of Buoy 
18 (LLNR 27335) to the foot of North 8th Street, Brooklyn.
    (iii) Vessels taking position within the safety zone in either of 
these viewing areas must be in their respective viewing area not later 
than 7:30 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. 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: June 20, 1996.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port of New York.
[FR Doc. 96-16894 Filed 7-3-96; 8:45 am]
BILLING CODE 4910-14-M