[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Proposed Rules]
[Pages 25189-25190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11659]
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DEPARTMENT OF TRANSPORTATION
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.
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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 deg.42'16''N latitude
074 deg.01'07''W longitude) to the Governors Island Light at the
northwest point of Governors Island, New York (40 deg.41'35''N latitude
074 deg.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 deg.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
[[Page 25190]] 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:
Sec. 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 deg.42'16'' N latitude
074 deg.01'07'' W longitude) to the Governors Island Light at the
northwest point of Governors Island, New York (40 deg.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 deg.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
