[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
