[Federal Register: April 11, 2005 (Volume 70, Number 68)]
[Proposed Rules]
[Page 18343-18346]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap05-38]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-05-017]
RIN 2115-AA97
Safety Zone; Macy's July 4th Fireworks, East River and Upper New
York Bay, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the permanent safety zone
for the annual Macy's July 4 fireworks
[[Page 18344]]
display. The modification is required to accommodate an added fireworks
discharge site near Liberty Island, and necessary to provide for the
safety of life on navigable waters during the event. This action is
intended to restrict vessel traffic in portions of the East River,
Hudson River, and Upper New York Bay during the duration of the Macy's
July 4 fireworks event.
DATES: Comments and related material must reach the Coast Guard on or
before May 11, 2005.
ADDRESSES: You may mail comments and related material to Waterways
Management Division (CGD01-05-017), Coast Guard Activities New York,
212 Coast Guard Drive, room 203, Staten Island, New York 10305. The
Waterways Management Division of Coast Guard Activities New York
maintains the public docket for this rulemaking. Comments and material
received from the public, as well as documents indicated in this
preamble as being available in the docket, will become part of this
docket and will be available for inspection or copying at room 203,
Coast Guard Activities New York, between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander E. Morton,
Waterways Management Division, Coast Guard Activities New York (718)
354-4191.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-05-
017), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Waterways Management Division
at the address under ADDRESSES explaining why one would be beneficial.
If we determine that one would aid this rulemaking, we will hold one at
a time and place announced by a later notice in the Federal Register.
Background and Purpose
The Coast Guard proposes to revise 33 CFR 165.166, the permanent
safety zone for the annual Macy's July 4 fireworks displays in the East
River and Upper New York Bay. The revision is designed to protect a
third fireworks discharge location near Liberty Island, which was not
anticipated by the original regulation. The safety zone now encompasses
a portion of the East River from Roosevelt Island to Governor's Island
and is defined as all waters of the East River east of a line drawn
from the Fireboat Station Pier, Battery Park City, in approximate
position 40[deg]42'15.4'' N 074[deg]01'06.8'' W (NAD 1983) to Governors
Island Light (2) (LLNR 35010), in approximate position 40[deg]41'34.4''
N 074[deg]01'10.9'' W (NAD 1983); north of a line drawn from Governors
Island, in approximate position 40[deg]41'25.3'' N 074[deg]00'42.5'' W
(NAD 1983) to the southwest corner of Pier 9A, Brooklyn; south of a
line drawn from East 47th Street, Manhattan through the southern point
of Roosevelt Island to 46 Road, Brooklyn, and all waters of Newtown
Creek west of the Pulaski Bascule Bridge. The proposed change would
increase the size of the safety zone to include all waters of the Upper
New York Bay south of a line drawn from Pier A (Fireboat Station Pier),
Battery Park City, in approximate position 40[deg]42'15.4'' N
074[deg]01'06.8'' W (NAD 1983) to the easternmost corner of the Ellis
Island Security Zone, in approximate position 40[deg]41'57.6'' N
074[deg]02'06.7'' W (NAD 1983); and north of a line drawn from Pier 7,
Jersey City, NJ, in approximate position 40[deg]41'26.4'' N
074[deg]03'17.3'' W (NAD 1983) to Liberty Island Lighted Gong Buoy 29
(LLNR 34995), in approximate position 40[deg]41'02.2'' N
074[deg]02'24.7'' W (NAD 1983), on to Governor's Island Extension Light
(LLNR 35000), in approximate position 40[deg]41'08.3'' N
074[deg]01'35.4'' W (NAD 1983).
The proposed enforcement period for this expanded safety zone would
remain unchanged from the previous regulation. The proposed expanded
safety zone would continue to be enforced from 6:30 p.m. (e.s.t.) until
11:30 p.m. (e.s.t.) on July 4 each year. If the event is cancelled due
to inclement weather, then this proposed safety zone would be enforced
from 6:30 p.m. (e.s.t.) until 11:30 p.m. (e.s.t.) on July 5. The
proposed expanded safety zone prevents vessels from transiting these
portions of the East River, Hudson River, and Upper New York Bay, and
is needed to protect mariners from the hazards associated with
fireworks launched from 6 barges in the area. No vessel may enter the
safety zone without permission from the Captain of the Port, New York.
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.
Public notifications will be made prior to the event via the Local
Notice to Mariners, marine information broadcasts, facsimile, and
Macy's waterways telephone hotline. In previous years this telephone
hotline has been established in early June.
Discussion of Proposed Rule
The proposed amendment to the Macy's July 4 fireworks display is
needed to reflect an additional fireworks discharge location near
Liberty Island. The sponsor has indicated that the City of Jersey City,
NJ and the State of New Jersey will continue to request this location
for future annual events. This expanded zone was delineated on July 4,
2004 as a Coast Guard Vessel Traffic Service (VTS) Measure, as
contemplated in 33 CFR 161.11.
No changes to the existing regulation 33 CFR 165.166, other than
the geographical expansion of the safety zone, are proposed in this
notice. This event is held annually on July 4. If the event is
cancelled due to inclement weather, then this event will be held on
July 5.
This rule is being proposed to provide for the safety of life on
navigable waters during the event, to give the marine community the
opportunity to comment on this expanded safety zone, and to ensure that
the permanent regulations reflect the event specifications.
The proposed size of this safety zone was determined using National
Fire Protection Association and New York City Fire Department standards
for 8 to 12 inch mortars fired from a barge, combined with the Coast
Guard's knowledge of tide and current conditions in this area.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the
[[Page 18345]]
Department of Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
This safety zone temporarily closes a major portion of the East
River and Upper New York Bay to vessel traffic. There is a regular flow
of traffic through this area; however, the impact of this regulation is
expected to be minimal for the following reasons: 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 event is taking place at a late hour on a national holiday;
the event has been held for twenty-three years in succession and is
therefore anticipated annually; small businesses may experience an
increase in revenue due to the event; advance notifications will be
made to the local maritime community by the Local Notice to Mariners,
marine information broadcasts, facsimile, and the event sponsor
establishes and advertises a telephone hotline which waterways users
may call prior to the event for details of the safety zone. This
telephone number will be published via the Local Notice to Mariners and
facsimile. The number is normally activated in early June each year.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in a portion of the East River or Upper
New York Bay during the times these zones are activated.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: 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 event is taking place at a late hour on
a national holiday; the event has been held for twenty-three years in
succession and is therefore anticipated annually; small businesses may
experience an increase in revenue due to the event; advance
notifications will be made to the local maritime community by the Local
Notice to Mariners, marine information broadcasts, facsimile, and the
event sponsor establishes and advertises a telephone hotline which
waterways users may call prior to the event for details of the safety
zone. This telephone number will be published via the Local Notice to
Mariners and facsimile. The number is normally activated in early June
each year.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Commander E. Morton,
Waterways Management Division, Coast Guard Activities New York (718)
354-4191. The Coast Guard will not retaliate against small entities
that question or complain about this rule or any policy or action of
the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
concern an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office
[[Page 18346]]
of Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph 34(g), of the
Instruction, from further environmental documentation. This proposed
rule fits paragraph 34(g) as it increases the size of an existing
safety zone. A preliminary ``Environmental Analysis Check List'' is
available in the docket where indicated under ADDRESSES. Comments on
this section will be considered before we make the final decision on
whether the rule should be categorically excluded from further
environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
2. Revise Sec. 165.166(a) to read as follows:
Sec. 165.166 Safety Zone; Macy's July 4th Fireworks, East River and
Upper New York Bay, NY.
(a) Regulated Area. The following area is a safety zone: All waters
of the Upper New York Bay south of a line drawn from Pier A (Fireboat
Station Pier), Battery Park City, in approximate position
40[deg]42'15.4'' N 074[deg]01'06.8'' W (NAD 1983) to the easternmost
corner of the Ellis Island Security Zone, in approximate position
40[deg]41'57.6'' N 074[deg]02'06.7'' W (NAD 1983); north of a line
drawn from Pier 7, Jersey City, NJ, in approximate position
40[deg]41'26.4'' N 074[deg]03'17.3'' W (NAD 1983) to Liberty Island
Lighted Gong Buoy 29 (LLNR 34995), in approximate position
40[deg]41'02.2'' N 074[deg]02'24.7'' W (NAD 1983), on to Governor's
Island Extension Light (LLNR 35000), in approximate position
40[deg]41'08.3'' N 074[deg]01'35.4'' W (NAD 1983); all waters of the
East River north of a line drawn from Governors Island, in approximate
position 40[deg]41'25.3'' N 074[deg]00'42.5'' W (NAD 1983) to the
southwest corner of Pier 9A, Brooklyn; south of a line drawn from East
47th Street, Manhattan through the southern point of Roosevelt Island
to 46 Road, Brooklyn; and all waters of Newtown Creek west of the
Pulaski Bascule Bridge.
* * * * *
Dated: March 25, 2005.
Glenn A. Wiltshire,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 05-7209 Filed 4-8-05; 8:45 am]
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