[Federal Register Volume 62, Number 126 (Tuesday, July 1, 1997)]
[Rules and Regulations]
[Pages 35403-35405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17088]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-97-041]
RIN 2115-AA97
Safety Zone: Macy's 1997 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 Friday, July 4, 1997, from 7:30 p.m. until
11:30 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 11:30 p.m.
on July 4, 1997.
FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Dave Gefell,
(718) 354-4195, Waterways Management Division, Coast Guard Activities
New York, 212 Coast Guard Drive, Fort Wadsworth, Staten Island, New
York, 10305.
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 conclusive
information regarding this event was determined, 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
the event is intended for public entertainment and immediate action is
needed to protect
[[Page 35404]]
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 the Brooklyn Bridge, and south of a line drawn
from Lawrence Point at position 40 deg.47'27'' N latitude,
073 deg.54'35'' W longitude, (NAD 1983), to Stony Point at position
40 deg.47'48'' N latitude 073 deg.54'42'' W longitude (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. 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 will be allowed to take
position within the zone as follows: vessels less than 20 meters (65.6
feet) in length, carrying persons for the sole purpose of viewing the
fireworks, may take position in the northern area of the zone, north of
the southern tip of Roosevelt Island, and in the southern area of the
zone, south of the Williamsburg Bridge at least 200 yards off the
bulkhead on the west bank, and in Newtown Creek, east of the Pulaski
Bascule Bridge. 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 between the Williamsburg Bridge and a line
drawn from East 15th Street, Manhattan, to a point due east on the
Brooklyn shore north of the entrance to Bushwick Inlet.
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 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 no later than 7:30 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 the separate
viewing area as directed by patrol commander.
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 temporary 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 rule to be so minimal that a full Regulatory Evaluation
under paragraph 10e 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; that the event has
been held for twenty years in succession and is therefore anticipated
annually, that small businesses may experience an increase in revenue
due to the event, the fact that the event sponsor has established and
advertised a telephone ``hotline'' at (212) 494-5247 which waterways
users may call prior to the event for details of the safety zone, 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 small businesses, not-for-profit organizations that
are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations less than
50,000. For the reasons set forth in the Regulatory Evaluation section
above, the Coast Guard expects this rule will not have a significant
economic impact on a substantial number of small entities. If, however,
you think that the your business or organization qualifies as a small
entity and that the proposed rule will have a significant economic
impact on your business or organization, please submit a comment (see
For Further Information Contact) explaining why you think it qualifies
and in what way and to what degree this proposal will economically
affect it.
Collection of Information
This rule does not provide for a collection of information
requirement under the Paperwork Reduction Act (44 U.S.C. et seq.).
Federalism
The Coast Guard has analyzed this temporary rule under the
principles and criteria contained in Executive Order 12612 and has
determined that this proposal does not have sufficient implications for
federalism to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
regulation and concluded that under section 2.B.2.e.(34) of Commandant
Instruction M16475.1B, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under FOR FURTHER INFORMATION CONTACT.
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 1997 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 the Brooklyn Bridge, and
[[Page 35405]]
south of a line drawn from Lawrence Point (40 deg.47'27'' N latitude,
073 deg.54'35'' W longitude, NAD 1983) to Stony Point (40 deg.47'48'' N
latitude, 073 deg.54'42'' W longtitude, 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.
(b) Effective period. This section is effective from 7:30 p.m.
until 11:30 p.m. on July 4, 1997.
(c) Regulations.
(1) The general regulations contained in 33 CFR 165.23 apply to
this safety zone.
(2) No vessels will be allowed to transit the safety zone without
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 preestablished
viewing areas:
(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,
south of the Williamsburg Bridge and at least 300 yards off the
bulkhead on the west bank, and in the waters of Newtown Creek, east of
the Pulaski Bascule Bridge.
(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 the Williamsburg Bridge and 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.
(iii) Vessels must be positioned in their respective viewing areas
within the safety zone 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 19, 1997.
Richard C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 97-17088 Filed 6-30-97; 8:45 am]
BILLING CODE 4910-14-M
