Safety Zone; Macy's July 4th Fireworks, East River and Upper New York Bay, NY, 18343-18346 [05-7209]

Download as PDF Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Proposed Rules expanding the list of eligible activities to include the following: Painting programs and preventative maintenance for off-system structures, scour countermeasures on all bridges, safety improvements, additional sets of load posting signs, activities related to load rating and analysis, activities for development and implementation of bridge management systems, and specific preventative maintenance activities. Ionia County, Michigan, suggested the removal of historical inventory activities from eligibility. The Wyoming DOT, NACE, Ionia County and Alcona County suggested the removal or clarification of calcium magnesium acetate and other deicing chemicals from eligibility. Many State DOTs recommended that activities be made applicable for all structures irrespective of eligibility. The California and Iowa DOTs also suggested clarifying and specifically restricting HBP funds for structures carrying automobile traffic. The Virginia DOT and AASHTO suggested applicability of the funds for safety improvements irrespective of bridge eligibility. The Wyoming and Illinois DOT’s, and NACE suggested applicability of funds for load posting signs irrespective of eligibility criteria. The AASHTO and the Kansas DOT recommended that historic bridge activities should be eligible regardless of bridge eligibility status. County agencies and trade associations expressed concerns that the additional flexibility added through the alternate program favored State agencies at the expense of local agency bridge owners. Concerns focused on whether the alternate program would divert funds from localities. The NACE and IACE urged that the proposed regulation be amended to ensure that the alternate program be applicable for State and local agencies independently and that additional flexibility be given to localities independent of the policies of State bridge owning agencies. The AASHTO, Kansas DOT, and Delaware County, New York also suggested addressing issues that are not currently part of the regulation, including the tenyear rule 1 and the sufficiency rating formula.2 The California DOT, Wyoming DOT and AASHTO also suggested removing FHWA approval of bridge 1 The FHWA ‘‘10-year rule’’ policy prevents a bridge from remaining eligible for HBRRP funding for a period of 10 years after construction or major reconstruction has taken place. 2 The sufficiency rating is a method of evaluating highway bridge data considering structural condition, functionality and essentiality for public use to obtain a numeric value which is indicative of bridge sufficiency to remain in service. VerDate jul<14>2003 16:24 Apr 08, 2005 Jkt 205001 management systems and systematic processes, requirements for conformance of preventative maintenance with design standards, requirements of funds to be used on Federal-aid structures, modification of the unit cost criteria, and sufficiency rating eligibility assessment. The Advocates for Highway and Automotive Safety (AHAS) expressed concern as to whether the alternate program proposed violated the provisions of 23 U.S.C. 144, which it states ‘‘was established to ensure that funds are dedicated to improving the nation’s aging bridge infrastructure * * * [limiting] the use of funds for the replacement or rehabilitation of bridges.’’ The AHAS argued that FHWA does not have the legal authority to approve the expenditure of HBRRP funds for activities involving routine maintenance and repair, deck repaving, safety improvements and preventative maintenance activities determined using a BMS. The authority for preventive maintenance activities is set forth in 23 U.S.C.§ 116(d). Preventive maintenance activities shall be eligible for Federal assistance under title 23 if the State demonstrates that the activity is a costeffective means of extending the useful life of a Federal aid highway. The agency has interpreted that the authority of § 116(d) extends to all formula funding programs, including the HBRRP program to the extent that the activity funded extends the useful life of a Federal aid highway, including bridges, on the Federal-aid system. The alternate program applied preventive maintenance to both Federal-aid bridges and non Federal-aid bridges. The legal authority of 23 U.S.C. 116(d) does not apply to the off-system structures and the proposed rulemaking contravened current provision of law. If pursued, the alternate program would have to be constrained to Federal-aid bridges only, which constitutes roughly half of the bridges in the national inventory. The FHWA has evaluated AHAS’s concerns. The authority for preventive maintenance is clearly established in 23 U.S.C. 116(d) for highways (which by definition includes bridges) on the Federal-aid system. Permitting the application of the alternate program for these bridges does not violate the legal authority of the FHWA. The NPRM, however, proposed to apply the provisions of the alternate program to both the Federal-aid and non Federalaid system. Determination The NPRM proposed to clarify ambiguous language, incorporate longstanding FHWA policies and, through PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 18343 the alternate program, include flexibility provided to the States through the Intermodal Surface Transportation Efficiency Act (ISTEA) and the Transportation Equity Act for the 21st Century (TEA–21). While the FHWA is aware of the benefits that would result from the alternate program proposed in the NPRM, there is no quantitative information to validate this assumption. With a proven record, benefits can be clearly demonstrated. Therefore, further evaluation of the issues raised by the NPRM comments, along with the collection of quantitative information, is warranted. Conclusion For the reasons stated above, the FHWA withdraws the NPRM and closes the docket for this rulemaking. The FHWA intends to consider the establishment of a special experimental program to document the benefits of the alternative program. The program will likely evaluate a small sample of States participating on a voluntary, experimental basis in order to gather data necessary to determine the success and need for innovative bridge management solutions, such as the alternate bridge program. The FHWA plans to initiate a separate rulemaking to include language that would eliminate ambiguities and incorporate long-standing policies after the reauthorization of the surface transportation program. Authority: 23 U.S.C. 144 and 315; 49 CFR 1.48. Issued on: March 31, 2005. Mary E. Peters, Federal Highway Administrator. [FR Doc. 05–7210 Filed 4–8–05; 8:45 am] BILLING CODE 4910–22–P 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 Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Coast Guard proposes to modify the permanent safety zone for the annual Macy’s July 4 fireworks E:\FR\FM\11APP1.SGM 11APP1 18344 Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Proposed Rules 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 81⁄2 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 VerDate jul<14>2003 16:24 Apr 08, 2005 Jkt 205001 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°42′15.4″ N 074°01′06.8″ W (NAD 1983) to Governors Island Light (2) (LLNR 35010), in approximate position 40°41′34.4″ N 074°01′10.9″ W (NAD 1983); north of a line drawn from Governors Island, in approximate position 40°41′25.3″ N 074°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°42′15.4″ N 074°01′06.8″ W (NAD 1983) to the easternmost corner of the Ellis Island Security Zone, in approximate position 40°41′57.6″ N 074°02′06.7″ W (NAD 1983); and north of a line drawn from Pier 7, Jersey City, NJ, in approximate position 40°41′26.4″ N 074°03′17.3″ W (NAD 1983) to Liberty Island Lighted Gong Buoy 29 (LLNR 34995), in approximate position 40°41′02.2″ N 074°02′24.7″ W (NAD 1983), on to Governor’s Island Extension Light (LLNR 35000), in approximate position 40°41′08.3″ N 074°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 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 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 E:\FR\FM\11APP1.SGM 11APP1 Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Proposed Rules 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 VerDate jul<14>2003 16:24 Apr 08, 2005 Jkt 205001 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. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 18345 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 E:\FR\FM\11APP1.SGM 11APP1 18346 Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Proposed Rules 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. 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: 16:24 Apr 08, 2005 Jkt 205001 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 § 165.166(a) to read as follows: § 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°42′15.4″ N 074°01′06.8″ W (NAD 1983) to the easternmost corner of the Ellis Island Security Zone, in approximate position 40°41′57.6″ N 074°02′06.7″ W (NAD 1983); north of a line drawn from Pier 7, Jersey City, NJ, in approximate position 40°41′26.4″ N 074°03′17.3″ W (NAD 1983) to Liberty Island Lighted Gong Buoy 29 (LLNR 34995), in approximate position 40°41′02.2″ N 074°02′24.7″ W (NAD 1983), on to Governor’s Island Extension Light (LLNR 35000), in approximate position 40°41′08.3″ N 074°01′35.4″ W (NAD 1983); all waters of the East River north of a line drawn from Governors Island, in approximate position 40°41′25.3″ N 074°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] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 List of Subjects in 33 CFR Part 165 VerDate jul<14>2003 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS [R06–OAR–2005–TX–0007; FRL–7896–6] Approval and Promulgation of Air Quality Implementation Plans; Texas; Locally Enforced Idling Prohibition Rule Environmental Protection Agency (EPA). AGENCY: PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 ACTION: Proposed rule. SUMMARY: The EPA is proposing to approve a State Implementation Plan (SIP) revision for the state of Texas. This revision adds new Division 2, Locally Enforced Motor Vehicle Idling Limitations, in Subchapter J, Operational Controls For Motor Vehicles. The rule allows local governments to voluntarily enter into an agreement with the State to enforce vehicle idling restrictions on vehicles over 14,000 pounds within their jurisdiction, with some exceptions. Written comments must be received on or before May 11, 2005. DATES: Comments may be mailed to Mr. Thomas Diggs, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Comments may also be submitted electronically or through hand delivery/ courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Sandra Rennie, Air Planning Section (6PD–L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733, telephone (214) 665–7367; fax number 214–665–7263; e-mail address rennie.sandra@epa.gov. Alternate contact: Bill Deese (214) 665–7253, deese.william@epa.gov. In the final rules section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. SUPPLEMENTARY INFORMATION: E:\FR\FM\11APP1.SGM 11APP1

Agencies

[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Proposed Rules]
[Pages 18343-18346]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7209]


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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

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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

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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]
BILLING CODE 4910-15-P