[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Rules and Regulations]
[Pages 38408-38411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16262]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-0114]
RIN 1625-AA08
Special Local Regulations; Macy's Fourth of July Fireworks
Spectator Vessels Viewing Areas, Hudson River, New York, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation on the Hudson River in the vicinity of New York, NY, for the
Macy's July 4th fireworks display. This temporary special local
regulation is intended to restrict certain vessels from designated
portions of the Hudson River during the fireworks event. This
regulation is necessary to provide for the safety of life on navigable
waters by controlling vessel movement and establishing public viewing
areas for the fireworks event.
DATES: This rule is effective from 7 p.m. on July 4, 2010 until 11:30
p.m. on July 5, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0114 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0114 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LTJG Eunice James, Sector New York
Waterways Management Division, Marine Events Branch. Coast Guard;
telephone (718) 354-4163, e-mail [email protected]. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because sufficient information regarding the
event was not received in time to publish a NPRM followed by a final
rule before the effective date, thus making the publication of a NPRM
impractical. A delay or cancellation of the event in order to allow for
a notice and comment period is contrary to the public interest in
having this event occur on July 4 as scheduled.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during the event and immediate action is necessary to
prevent possible loss of life or property. Also, a delay or
cancellation of the fireworks event in order to allow for publication
in the Federal Register is contrary to the public's interest in having
this event occur as scheduled.
Basis and Purpose
This temporary special local regulation is necessary to ensure the
safety of vessels and spectators from hazards associated with fireworks
display. Based on the inherent hazards associated with fireworks, the
Captain of the Port New York has determined that fireworks launches
proximate to
[[Page 38409]]
watercraft pose significant risk to public safety and property. The
combination of increased numbers of recreation vessels, congested
waterways, darkness punctuated by bright flashes of light, and debris
falling into the water has the potential to result in serious injuries
or fatalities. This special local regulation temporarily establishes a
regulated area to restrict vessel movement around the location of the
launch platforms to reduce the risk associated with the launch of
fireworks.
Discussion of Rule
MACY's is sponsoring their 34th Annual Macy's Fourth of July
Fireworks on the waters of the Hudson River. This temporary special
local regulation is necessary to ensure the safety of spectators and
vessels from hazards associated with the fireworks display.
The fireworks display will occur from 9:20 p.m. until 9:50 p.m. In
order to coordinate the safe movement of vessels within the area and to
ensure that the area is clear of unauthorized persons and vessels
before and immediately after the fireworks launch, this rule is
effective and will be enforced from 7 p.m. until 10:30 p.m. on July 4,
2010.
If the event is cancelled due to inclement weather, then this
special local regulation will be effective from 7 p.m. until 11:30 p.m.
on July 5, 2010.
The special local regulation will encompass all waters of the
Hudson River south of a line drawn from Pier 11A, Weehawken, NJ, to
West 70th Street, New York, NY, and north of a line drawn from the
northwest corner of Pier 40, New York, NY to a point at position
40[deg]43[min]51.2[sec] N, 074[deg]01[min]41.5[sec] W, Jersey City
Pier, NJ. All geographic coordinates are North American Datum of 1983
(NAD 83).
The Captain of the Port New York will establish five limited access
areas within the boundaries of the special local regulation. Access to
these areas will be restricted to vessels of a certain size. The five
limited access areas are: (1) A ``buffer zone'' around the fireworks
launch barges, designated area ALPHA, limited to all vessels tending
the barges; (2) a ``spectator area'' designated BRAVO in which access
is limited to vessels less than 20 meters in length (65.6ft); (3)
``spectator area'' designated CHARLIE in which access is limited to
vessels greater than 20 meters in length (65.6ft); (4) ``spectator
area'' designated DELTA in which access is limited to vessels greater
than 20 meters in length (65.6ft); and (5) a ``spectator area''
designated ECHO in which access is limited to vessels less than 20
meters in length (65.6ft).
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port New York or the designated on-scene
representative. Entry into, transiting, or anchoring within the
regulated area is prohibited unless authorized by the Captain of the
Port New York, or the designated on-scene representative. The Captain
of the Port New York or the on-scene representative may be contacted
via VHF Channel 16.
Public notifications will be made prior to the event via the Local
Notice to Mariners, and marine information broadcasts.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This 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.
This determination is based on the limited time that vessels will
be restricted from the fireworks display area. The temporary safety
zone will only be in effect for approximately four hours during the
evening hours. The Coast Guard expects insignificant adverse impact to
mariners from the zone's activation as the event has been extensively
advertised in the public. Also, affected mariners may request
authorization from the Captain of the Port New York or the designated
on-scene representative to transit the zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners and operators of vessels intending to
transit or anchor in a portion of the Hudson River, in the vicinity of
New York City, NY from 7 p.m. to 10:30 p.m. on July 4th, 2010.
This temporary special local regulation will not have a significant
economic impact on a substantial number of small entities for the
following reasons: This rule will be in effect for only four hours on a
single day during the late evening for this fireworks event. Although
the special local regulation will apply to the entire width of the
river, traffic will be allowed to pass through the area with the
permission of the Captain of the Port New York or the designated on-
scene representative. Before the effective period, we will issue
maritime advisories widely available to users of the waterway.
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 offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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 rule calls 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
[[Page 38410]]
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 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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause 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 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 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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves the promulgation of a special local
regulation regulating vessel traffic on a portion of the lower Hudson
River during the launching of fireworks. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.35T0144 to read as follows:
Sec. 100.35T0144 Special Local Regulation; Macy's July Fourth
Fireworks Spectator Vessel Viewing Area, Hudson River, New York, NY.
(a) Regulated Area. The regulated area includes all waters of the
Hudson River within the following points (NAD 83): all navigable waters
of the Hudson River bounded by a line drawn east from approximate
position 40[deg]46'35.43'' N, 074[deg]00'7.53'' W in New Jersey, to a
point in approximate position 40[deg]46'16.98'' N, 073[deg]59'52.34'' W
in New York, thence south along the Manhattan shoreline to approximate
position 40[deg]44'48.98'' N, 074[deg]00'41.06'' W, then west to
approximate position 40[deg]44'55.91'' N, 074[deg]01'24.94'' W, then
north along the New Jersey shoreline and back to the point of origin.
(1) Area ALPHA: all navigable waters of the Hudson River bounded by
a line drawn east from approximate position 40[deg]46'35.43'' N,
074[deg]00'7.53'' W in New Jersey, to a point in approximate position
40[deg]46'16.98'' N, 073[deg]59'52.34'' W in New York, thence south
along the Manhattan shoreline to approximate position 40[deg]44'48.98''
N, 074[deg]00'41.06'' W, then west to approximate position
40[deg]44'55.91'' N, 074[deg]01'24.94'' W; then north along the New
Jersey shoreline and back to the point of origin. (NAD 83).
(2) Area BRAVO: All navigable waters of the Hudson River bounded by
a line drawn east from approximate position 40[deg]46'35.43'' N,
074[deg]00'37.53'' W in New Jersey, across the Hudson River to a point
in approximate position 40[deg]46'16.98'' N, 073[deg]59'52.34'' W in
New York, thence north along the Manhattan shoreline to approximate
position 40[deg]46'31.38'' N, 073[deg]59' 37.46'' W, then west to
approximate position 40[deg]46'47.71'' N, 074[deg]00'19.73'' W, then
south along the New Jersey shoreline and back to the point of
origin.(NAD 83).
(3) Area CHARLIE: All navigable waters of the Hudson River bounded
by a line drawn east from a point in New Jersey in approximate position
40[deg]46'47.71'' N, 074[deg]00'19.73'' W in New Jersey to approximate
position 40[deg]46'31.38'' N, 073[deg]59'37.46'' W in New York, thence
north along the Manhattan shoreline to approximate position
40[deg]46'47.60'' N, 073[deg]59'22.26'' W, then west to a point in New
Jersey in
[[Page 38411]]
approximate position 40[deg]47'03.39'' N, 074[deg] 00'00.19'' W, then
south along the New Jersey shoreline back to the point of origin.(NAD
83).
(4) Area DELTA: All navigable waters of the Hudson River bounded by
a line drawn east from approximate position 40[deg]44' 55.56'' N,
074[deg]01' 21.18'' W in New Jersey, to a point in New York in
approximate position 40[deg]44' 48.98'' N, 074[deg]00'41.06'' W, then
south along the Manhattan shoreline to approximate position
40[deg]44'21.84'' N, 074[deg]00'41.78'' N, then west to a point in
approximate position 40[deg]44'23.91'' N, 074[deg]01'29.05'' W in
Hoboken, NJ, then north along the New Jersey shoreline back to the
point of origin.(NAD 83).
(5) Area ECHO: All navigable waters of the Hudson River bounded by
a line drawn east from a point in New Jersey in approximate position
40[deg]44'23.91'' N, 074[deg]01'29.05'' W; to approximate position
40[deg]44'21.84'' N, 074[deg]00'41.78'' W; then south along the
Manhattan shoreline to approximate position 40[deg]43'49.63'' N,
074[deg]00'49.65'' W; then west to a point in 40[deg]43'50.60'' N,
074[deg]01'51.00'' W in Hoboken New Jersey, then north along the New
Jersey shoreline back to the point of origin.(NAD 83).
(b) Special local regulations. (1) In accordance with the general
regulations is Sec. 100.35 of this part, entry into, transiting, or
anchoring within the regulated areas is prohibited unless the vessel is
in an area designated for vessels of that size or entry is otherwise
authorized by the Captain of the Port New York, or the designated on-
scene representative.
(2) Vessels are authorized by the Captain of the Port New York to
enter areas of this special location regulation in accordance with the
following restrictions:
(i) Area ALPHA is restricted to vessels engaged in conducting the
fireworks display and tending to the launch barges.
(ii) Area BRAVO access is limited to vessels greater than 20 meters
(65.6ft) in length.
(iii) Area CHARLIE access is limited to vessels less than 20 meters
(65.6ft) in length.
(iv) Area DELTA access is limited to vessels greater than 20 meters
(65.6ft) in length.
(v) Area ECHO access is limited to vessels less than 20 meters
(65.6ft) in length.
(3) All persons and vessels in the regulated areas shall comply
with the instructions of the Coast Guard Captain of the Port New York
or the designated on-scene representative. On-scene representatives
comprise commissioned, warrant, and petty officers of the Coast Guard.
Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of a vessel shall proceed
as directed.
(c) Enforcement Period: This section will be enforced from 7 p.m.
to 10:30 p.m. on July 4, 2010, and if the fireworks display is
postponed, it will be effective from 7 p.m. until 11:30 p.m. on July 5,
2010.
Dated: June 14, 2010.
R.R. O'Brien, Jr.,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2010-16262 Filed 6-30-10; 11:15 am]
BILLING CODE 9110-04-P