watching fox and friends first on this tuesday morning, the last day of 2013. >> hard to believe. thank you for starting your new year's eve with us. the big crystal crystal ball at square is ready to go to ring in 2014. >> 5, 4, 3, 2, 1. happy new year. >> a final test drop went smoothly as the nearly 12,000 pound ball of 2600 waterford crystals went up and down that 441 foot pole. it will be lit by 32,000 lights. >> this is to make sure everything is working. it is all getting ready for a big show. when you have a billion people watching you want to make sure you get it right. >> here is a look at times square when 1 million people brave the cold and watch the

ball drop. >> i have never seen the ball drop in person. this will be the first time we are actually in the city for new year's eve. >> we see it on tv all of the time. figured we would come and check it out. >> just all of the excitement it is really electric. >> it will be cold but it will be worth it. >> people have traveled from all over the world to celebrate here in new york city. u.s. supreme court justice a sonia sotomayor will lead the count down. >> how cold will it be for those packed in times square tonight. >> what can we expect? >> it will be a chilly night coming up tonight if you are heading to new york city. we think the temperature at about midnight should be about 25 degrees. that's the actual temperature. there's going to be a little bit of a breeze. of course in between the buildings in new york city that funnels through so expect the windchills to possibly be in the teens coming up tonight. bundle up if you are braving the cold and standing out there for

hours. many people do that in new york city. we will be down there and live from the crystal ball for the ball drop coming up in new york city. catch that soon coming up in 30 minutes. windchills are chilly in the 20's. further west cleveland single dig get wind chills as we head out the door. colder in places like chicago and minneapolis before it feels like above zero temperatures out there. everyone wants to know what the weather will be like at midnight. it looks relatively quiet across most of the country. most of you will be dry. there will be a clipper system swinging through portions of the midwest. in chicago you could have a little bit of snow flying around. temperature will be about 10 degrees very cold a little wind and heather and ainsley keep in mind that windchill what it feels like as you head out the

door. atlanta 44. >> they have to bundle up. >> fox news channel has the all american new year's eve special. i will join the host bill hemmer and elizabeth hasselbeck. it starts on fox at 9:00 p.m. eastern time. developing story out of north dakota. a small town forced to evacuate after a train derailed carrying crude oil. residents shaken with a series of massive explosions that sent flames and black smoke into the sky. has ma has mat teams are being called in amid fears that heavy winds could increase the risk of health hazards into the town. >> logan airport, police say a 59-year-old worker died after being hit by a truck on the tarmac. the driver was backing up near a plane when it haall happened. take a look at the photo of the truck the entire windshield has

been smashed. the driver showed no signs of obvious impairment but will be tested. >> the girl declared brain dead after routine tonsil surgery a judge extending life support. th the previous order was set to expire. the deadline is now 5:00 a.m. january 5th. they have been battling the children's hospital to keep her alive. the girl's family plans to sue to keep her on life support. >> they over saw the botched launch of obamacare is retiring. michelle snyder the coo of the centers of medicare and medicaid services is stepping down from her position. cms chief marilyn tavner said a statement she planned to retire in 2012 but stayed on because of the challenges.

she is the second to depart since the launch of healthcare.gov. tomorrow is january 1st the day that coverage is supposed to begin for those who signed up for obamacare. uncertainty still looms. elizabeth prann is live in washington with the latest as we near the crucial date. >> the white house has federal exchange not state enrollment numbers right about 1 million. not only does that fall short of the original goal but it is unknown if they are actually covered. they warned of possible technical flaws that led to inaccurate penalties they may not have coverage. >> there's a difference between selecting a plan which is the number that obama administration is reporting and actually enrolling in health insurance. >> remember when he went on the road pushing the lob in november? house officials are putting together another consumer

success story kicking off onslaught of positive campaigning. he is pointing at republicans saying the quote battle will p only get easier when it comes to driving the web site due to less distractions. >> every time the house could think of nothing else to do it had a big debate on rebeali peeling obamacare. there were millions who think it was repealed. >> walgreens pharmacy will give customers month's supply of certain medications at no up front cost. this is for those who didn't get a plan but thought they signed up. >> elizabeth prann live in tv. thank you so much elizabeth. >> the new york times defending its report claiming the attack in benghazi that killed four americans was sparked by an anti islam video that had no ties to al qaeda. the editors of the times editorial page posting a blog

saying republicans are determined to link the attack to al qaeda for political reasons. he writes this. quote, the republicans hope to tarnish democratic candidates that it doesn't take al qaeda seriously. they want to throw mud at hillary clinton who they fear will run for president in 2016. also appears to mockery pub can lawmaker he is attempts to attacks on al qaeda. that brings us to look who is talking. he explained on "hannity" last night there has never been evidence the anti islam video was the cause of the attack. >> i traveled to libya about 21 days after the attack. the entire time i was there in tripoli there's not a single person that brought up the video because it was a nonevent. it didn't happen. there was no spontaneous demonstration that they talk about. i talked to general ham the four

star general in charge of african who was no mention of the video whatsoever. >> congressman chavous expressed concern no one has been captured more than a year after the attack and he fears it could happen again. >> my biggest fear is they have three success stories in benghazi of killing americans and preaching the embassy. are they going to do it again? i worry they might. >> the white house wants closer cooperation with russia to ensure the safety of our olympic athletes in the wake of back-to-back terror attacks. the two bombings left 34 people dead and dozens more wounded in volograd, 400 miles from sochi. they insist it will be completely safe. the olympics begin in 45 days.

keep your eyes on the skies. the federal aviation administration selected six sites to develop and test the unmanned aircraft for commercial use, alaska, nevada, new york, virginia and texas will serve as a research site. the goal to share the friendly skies in 2016. the testing aims to address the privacy. >> part of the mandate is to look at privacy concerns as well. those that are concerns this should be something they look forward to and embrace. >> it could create as many as 70,000 dob jobs in the first three years. >> 2014 brings new laws. at midnight they will take effect. here's a sampling. in colorado residents over 21 will be able to purchase up to an ounce of pot for recreational use. >> new mothers can take

placentas home after giving birth and in delaware they are banning the sale of shark fins. >> new laws in illinois teens younger than 18 will be banned from tanning beds even if they get their parent's ff information. any one who tosses a cigarette on the ground can be fined for littering and becomes the 13th state to ban hand-held cell phones for driving. target in the wake of a massive security breech. jolene kent from the fox business network is here with that. jo? >> three u.s. senators are calling for a congressional hearing on the target data preach. they want to examine whether they are taking all actions necessary to protect consumers and whether cyber security standards are necessary. with our economy and financial becoming increasingly data reliant on companies and financial service providers with whom they do business to protect

their sensitive information, unquote. the best selling brand in america is ford. they sold 2.4 million vehicles this year and is likely to hold on to the title as the best selling car brand in america as well. ford fusion, escape and fiesta helped them stay on top. they didn't take 4.9 billion in energy cars to over hall their factory. nordstrom is north america's favorite retailer this year. the up stale seattle based retailer got the highest marks kohl's macy's and j.c. penneys and t.j. maxx rounded out the top 5. they were just on consumer preferences not financial or stock performance. back to you. >> thank you very much. nice to have you here. happy new year. >> it is 11 minutes after the top of the hour. there will weren't any lions or tigers but there was a bear.

>> oh my god. >> he's a big one. >> he's back again. the very first visit was funny but one homeowner not laughing now when the bear decides to move in. >> they didn't know she was trouble until she moved . the reason taylor swift's new neighbors are not exactly loving her. fighting constipation by eating healthier, drinking plenty of water, but still not getting relief? try dulcolax laxative tablets. dulcolax is comfort-coated

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>> a live look at time's square in new york city. a little empty right now, but in

just a few hours it will start to get packed with people ready to ring in the new year. prepare operations are underway. that is where you find wnyw reporter robert moses. when do they expect all of the big crowds to come? oh my goodness. you look like you are definitely ready. >> oh, heather, i am. i am making a fashion statement unlike any other. you ask about the crowds, there will be plenty of those. we are expecting they will be coming out at some point early this afternoon. sometimes square will close the traffic at 3:00. the party planners, the planners of the biggest party in the world tested out the ball yesterday. i am happy to report it performs just fine. this is a ball that is incredible in its splendor. we are talking 6 tons. it will be performances as miley

cyrus, blondie and melissa etheridge. it will be very fight f tight f security. alcohol and backpacks not allowed in times square. a very festive atmosphere in time's square. if you are coming out bundle up. that's the latest from times square this morning. back to you. >> we love your glasses by the way. for a split second it looked like 2004 but we like them a lot. >> the one poses a logistical challenge. you can't quite see out of the one. it's a little challenging. >> robert moses joining us live. thank you. five nfl coaches were out of a job this morning fewer than 24-hours after the end of the regular season. washington redskins mike shanahan leslie frasier, tampa b

bay's greg shiano and jim schwartz are victims of black monday. the 16th combine for 24 wins 71 losses and one tie this year. flying in help. passengers on board of an ice lodged research ship will need to be rescued helicopter. >> they stomped out in the snow and ice so they can reach us when the weather improves. >> the decision was made after three ice break hers failed to etch radio the ship late christmas eve. 52 scientists and tourists will be evacuated but the ship's crew will stay and wait for the ice to break up. >> he's back for more. a big black bear brakes into a florida man's house for the second time in the last week. the first break happened the day after christmas when he smelled turkey leftovers. sunday night the same bear

returned looking for another snack. the homeowner said there wasn't any food out this time. >> no food. i only make mistakes once so i put the food up. i guess he was just checking back. >> the bear sniffed around for a few minutes and then he left. the homeowner is considering building a fence around his backyard to keep the bear out. >> it is 19 after the top of the hour. coming out it was supposed to be a smooth landing instead a plane full of passengers almost dissent greats when it touches down. what caused the destruction? then... >> flight controllers looking carefully at the situation. obviously a major malfunction. >> beyonce defending her decision to use that audio from the challenger disaster in her new song. but is her explanation an excuse? we report you decide.

>> a 7-year-old georgia girl is safe and sound after falling 50 feet into a dry well. she was playing in her grandparent's yard at the time. it took emergency responders more than an hour to get her out. >> had a hard time getting a hold of her. she was finally able to get her arms free to push up. >> you could see in the well there was very little light. >> after she was pulled out of the well she was air lifted to the hospital and is expected to make a full recovery. >> taylor swift may not be a neighbor you want to share a fence with or a wall. swift's neighbors are not happy with the construction happening right now at her rhode island home. she is rearranging the coastline

by her mansion in order to build a sea wall. machines have been lifting boulders up out of the ocean and moving them. some residents says it feels and sounds like contractors are building a mall not a wall. according to reports this massive project did not require any town permit. >> gorgeous house. >> beyonce responding to criticism this morning. she is under fire for using an audio clib from the 1986 challenger space shuttle disaster. >> family members who lost loved ones say it is incense i and inappropriate. beyonce isn't apologizing. >> carefully looking at the situation. obviously a major malfunction. >> the inclusion of the audio clib has puzzled many with ties to the disaster. one former nast sauce employees

call it inappropriate to the extreme. the widow of dick skoeb bee oneful crew members killed released a statement saying we were disappointed to learn an audio clib from the day we lost our heroic crew was in the song xo. >> my reaction was slightly taken aback. it is pretty sensitive stuff. >> negotiating post music critic first noticed the audio clib in his track by track review of bee on's cd two weeks ago and says he doesn't believe she intended to offend listeners. >> if you listen to it and read between the lines it is more a song about finding hope in dark situations. unfortunate situations. there is that to it but i think it is difficult to find that association. >> beyonce released her own statement saying in part the song xo was made with the

serious intention to help those who lost loved ones. they have hope they will never be forgotten. some are calling for her to cut out the audio from digital down loads all together. >> that brings us to "brew on this. is this a fitting tribute or should the audio be removed from that song? >> let us know on facebook, twitter or e-mail at foxx friendsfirst@foxnews.com. it is 26 minutes after the top of the hour. if you are like thousands of americans your life is stored on the iphone. why storing it means someone else may have access to the information. >> they say news is not for the faint of part. one reporter learns that lesson on live tv. what happens next the most amazing part. oh! progress-oh! [ female announcer ] with 40 delicious progresso soups

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>> it is tuesday december 31st. you know thwhat that means new year's eve. a live look at the ball at the top of time's square. the best view of the biggest new year's eve party in the world. >> a score clerk refuses to lose a shirt when a robber points a gun in his face. wait until you see how he turns the tables on that would be robber. >> talk about a briceless re --

priceless reaction. (cheers) >> the historic win that made this woman lose her mind with excitement. fox and friends first starts right now. ♪ >>age an appropriate song today. we are going to rock with you all night long today as the ball drops in time's square. it is tuesday december 31st the last day of the year. it is new year's eve. welcome to "fox & friends first". i am ainsley earhardt. >> i am heather childers. the big red ball is ready to ring in 2014. >> 5, 4, 3, 2, 1.

happy new year. >> a final test drop went smoothly as the nearly 12,000 ball of 2600 waterford went up and down the 130-foot bowl. the giant ball. >> when you have a billion people watching you want to make sure you get it right. >> absolutely. taking a live look now right there at time's square where 1 million people are ready to brave the cold and watch the ball drop. ainsley will be one of them from the crossroads of the world. >> i have never seen the ball drop in person. this will be the first time we are actually in the city for new year's eve. >> we see it on tv all of the time. figured we might as welcome and check it out. >> all of the excitement it is really electric.

>> it will be cold but it will be worth it. >> people traveled from all over the world to celebrate in new york city. >> sonia sotomayor a bronx native will lead the count down. >> i am working at night but you are working during the day tomorrow filling in for some of the anchors here. working over time. >> the thousands of people about to pack into time's square. take your hats, scarfs and hand warmers. listen to what you said and bundle up. >> maria molina is live on top of one times square that is where the ball will drop. maria, that looks like fun. >> a lot of fun out here. one times square is the name of the building the address of the building where the waterford crystal ball is located. this is it right here behind me. this is what so many travel very far to be able to see. the icon iqbal on top of time's square. 1907 was the first new year's

eve ball lowering in time's square. has 2600 waterford crystal triangles. it is beautiful and cannot wait. we will be here live through out the entire morning on "fox & friends." we will have a couple more interviews as well. >> the locations and celebrating tonight. it will be a chilly one. right now it is still chilly. talking windchill temperatures in the 70s and teens. windchill temperatures are at sub zero. tonight at midnight the temperatures forecast in the 20's here in new york city. you have to factor in the wind and the chinnwindchill could be the teens. that's something you have to keep in mind across the entire country. the only spots that are relatively mild are florida and also california at midnight during the ball drop or during your new year's eve as you ring

in the new year and it will be mild as we head into the first day of the new year. so again looking very mild across florida, california, but most of the country, though, looking at relatively chilly temperatures. very december january like out there feeling like winter. otherwise make sure to tune in tonight at 9:00 p.m. when the show starts with bill hemmer and also elizabeth hasselbeck. we will be ringing in the new year out here. a little climatology for the ball drop. i know you will be out here. the warmest was back in 1965 and 1972 at 58 degrees. we are not expecting that unfortunately. the coldest, though, to make you feel a little better was one degree back in 1917. it cont be that cold but somewhere in between. bundle up and have fun tonight. >> no rain just cold weather. >> no rain no snow just chilly. >> we can handle that. >> thanks maria. >> happy new year. >> a developing story out of

north dakota. a small town forced to evacuate after a train carrying crude oil derails. a series of massive explosions sending those flames and that black smoke into the sky. right now hazmat teams are there from as far as texas. they are being called in because of the fear that the heavy winds could blow the toxic fumes and increase the risk of health hazards. >> the white house wants closer cooperation with russia to ensure the safety. the two bombings left 34 beam de -- 34 people dead and others wounded. russian officials insist it will be completely safe. the olympics begin in 45 days. the health officials saw the botched launch of obamacare is retiring. michelle schneider the coo of

medicare and medicaid services is stepping down. she planned to retire at the end of 2012 but asked to stay on to help with challenges facing the administration this year. schneider is the second official to depart after the launch of healthcare.gov. coverage is set to begin for those who signed up for obamacare but uncertainty still looms. doug luzader is live for us from washington with the latest. good morning, doug. >> for the 12 million people who signed up for obamacare plans through either the federal web site or the state web sites they expect that coverage to kick in at midnight. there could be sticking points. for starters picking a plan is a big difference. >> there's a difference between selecting a plan and enrolling in health insurance. to actually enroll in health insurance you have to pay that first month's premium.

the most recent feedback we have from insurers is 5-15 percent of people who selected a plan have actually paid that first month's premium. because of the potential for so much confusion in the weeks ahead walgreens announced it will provide up front prescription coverage who think they have an obamacare plan but can't prove it. in the white house aggressive pr campaign to try to highlight what they say are observe care employees. >> doug luzader joining us live. the count down is on. we will see what happens.

>> oo a chilling new report reporting nsa has access to your iphone. according to the leaked documents the spy agency claims a 100 percent success rate when it comes to spy ware. it allows them to intercept your text messages and activate your iphone's microphone and camera. >> new year, new laws. there are regulations hitting the books at midnight. they include mandatory registration of assault weapons and large capacity ammunition. rhode island becoming the 8th state to enact the ban the box law. they are no longer able to ask employees about the criminal history on jobs. drivers will see a new annual $100 fee for plug in electric cars. in illinois someone cauglled a lemon pet law. it allows them to return drivers

who pass them and tough new laws r prohibiting unmanned drones. and tonight we do ring in the new year and it is not just the big ball in time's square that will drop from towns all across the country. they have some whack key ways to celebrate. >> a 80 pound fiberglas peek is dropped. >> over in atlanta thousands gather to see an 800 pound fiberglas and foam peach drop down from the sky. >> folks are shaking things up by dropping down an olive down into a martini glass. >> and real get that real watermelons reign down at midnight. they drop on to a splat form

into a $500 pound watermelon. >> in north carolina a live opossum is lowered down to the ground. >> that sounds mean for that opossum. hopefully he makes it down. >> the time is 20 minutes to the top of the hour. coming up a store clerk refuses to lose his shirt when a robber pulls the gun in his face. >> there's a healthy reason to toast another glass of bubbly. @g

>> an investigation is underway. the plane landed on debris when the road washed up from the storm. it caused substantial damage to the landing gear. the pilot said they were given

no warning of the storm as they were preparing to land. >> look at this, caught on camera a would be robber loses his gun and his shirt on a roadway. he flashed a gun and demanded cash but the worker refused. that is when the robber jumped the counter and began to fight with the worker off camera after some time he emerges but without his gun or his shirt. he ran away without getting any cash. he's still on the lose: >> businesses might be hit the hardest in 2014 because of a tax burden. >> diane mass is heed do i joins us with that. >> 2014 will be a year of tough decisions for companies trying to afford employee health coverage especially mid-sized companies. all businesses with 50 employees will have to provide health

insurance for workers. finding an insurer will be increasingly hard because as premiums and deductibles rise they also require is certain level of participation to take on the companies. those companies that get full coverage will get a $8 billion tax to add to premiums for employees in 2014. it has $63 for every person under the new plan. increases to the premiums themselves which one expert says they will be for many companies this year. the company covers employees claims while insurance companies just help administer the plans. but while that approach could help lower healthcare costs it could raise them significantly if several employees at smaller

firms develop costly health insurance. companies have choices to make, ladies. and unfortunately, it seems all of them at least have a potential to put a big dent in the bottom line. >> diane macedo. happy new year, by the way. >> happy new year to you. >> 13 minutes to the top of the hour. alec baldwin had a banner year when it comes to em baring himself. b -- embarrassing himself. might not be the biggest scandal of the year. one reporter learns a lesson on live tv. what happens next? the most amazing part. now steve doocy on what is coming up on "fox & friends." >> coming up on "fox & friends" 13 minutes from right now. it is the last day of 2013 and we are here to celebrate with you. we are going to take you live around the world as midnight strikes. 1 million people expected at times square a block from where

we are. maria molina is life talking to coordinators behind the scenes. we have the medical tests and the ones you need to get and the ones you need to avoid. six months after her lung transplant we are checking in on her road to recovery. 12 minutes from now right here on your channel for news. [ male announcer ] thisecember, experience the gift of unsurpassed craftsmanship and some of the best offers of the year at the lexus december to remember sales evt. this is the pursuit oferfection. [ male announcer ] campbell's homestyle soup with farm grown veggies. just like yours. huh.

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talk about a hard worker. a salt lake city reporter doesn't miss a beat after passing out on live tv. >> how to cross country ski. whoa! okay. yes. no. i just slipped and fell so

we'll have more about the basics coming up here and paying $7. you come up, you pay $7. they're teaching me -- >> she keeps going. good for her. she's okay. the reporter was on that mountain doing a story on ski lessons when she passed out. she said she is known to faint when she gets to high altitudes and the weather is cold but she's going to see a doctor to make sure she is okay. >> raise a glass because drinking alcohol in moderation boosts your immune system. researchers focused on monkeys and found those who drink alcohol in moderation fared better health-wise than others who drank sugar water. >> before we welcome in 2014, let's look at the people who shocked us in 2013. >> they're known for their super human accomplishments but some sports figures making headlines for their

unbelievable antics. a coach berating his team. yankees slugger alex rodriguez appealed his 211 game suspension over his alleged violation of drug and labor contract. a football star rich incognito allegedly bullied another player off the gridiron. >> richie is a guy having his past haunt him. >> for politicians the past has a way of sneaking up behind you. >> there is no doubt about it, i dishonored myself, dishonored her. >> how do you plead? guilty or not guilty? >> guilty. >> guilty or not guilty? >> i let down our country. i've let down our constituents. i've let down my family.

>> i do not use crack cocaine nor am i an addict of crack cocaine. >> yes, i have smoked crack cocaine. but am i an addict? no. >> while celebrities proved actions and words speak loud and clear. >> i beg you, my children, my team, my fans, my partners, i beg for your forgiveness. >> some young stars couldn't stay out of the headlines. miley cyrus twerks her way into the gossip pages and justin bieber goes gangster on the paparazzi. even some older ones had us scratching our heads. simon cowell fathering a love child with his friend's wife and alec baldwin using not so nice words with the paparazzi.

>> that's the year in review. >> talk about a priceless reaction. >> the historic win that made this woman lose her mind with excitement. >> plus beyonce backing her decision to use a clip from the challenger disaster. we asked you what you thought and your responses vol are next. awarded j.d. power's most appealing midsize car, two years in a row. and right now you can drive one home for practically just your signature. get zero due at signing, zero down, zero deposit, and zero first month's payment on any new 2014 volkswagen. hurry, this offer ends january 2nd. fodetails, visit vwdealer.c today

time to look at the good, the bad, and the ugly. up first, the good. the price was definitely right for this contestant. the game show's biggest winner yet. >> she won an audi sports car among other prizes, her

winning totaling over $170,000. a car crashing into a home for the 11th time in 30 years. this time an saoefrb went through the dining room wall. buying in the buff in a pay-call poll, 30% of shoppers admit they do it in their birthday suit. >> beyonce under fire for using an audio clip from the 1986 challenger space shuttle disaster in her new song. >> is this a fitting tribute or should it be removed from the song? >> one person says removed. she didn't ask permission. >> susan said using the audio from such a tragedy is disrespectful for those who lost loved ones. it should be removed. >> that e-mail saying this could only be a tribute if

beyonce chose to not receive profits from the song or contributed to the family. >> fox news tonight at 9:00. >> and we will see you there. lots of people. we'll see you tonight. >> have a good one. "fox & friends" starts now. bye. hey, hey. good morning. it is tuesday, the 31st of december, 2013, the last day of 2013. i'm anna kooiman in for elisabeth hasselbeck. welcome to 2014. here is a live look at auckland, new zealand, the first place in the world to bring in the new year. in america we're live in times square where the preparations for new york's biggest night well underway. >> a course of outrage is reputed against "the new york times" report on the benghazi terror attacks. how does the "times" respond? they go