[Federal Register Volume 60, Number 220 (Wednesday, November 15, 1995)]
[Rules and Regulations]
[Pages 57342-57343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28105]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-95-010]
RIN 2115-AA97
Safety Zone: Annual South Street Seaport New Year's Eve
Fireworks, East River, NY
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent safety zone for
the annual South Street Seaport New Year's Eve fireworks program
located on the East River, New York. The safety zone is in effect
annually from 11:30 p.m. on December 31, until 12:45 a.m. on January 1,
unless extended or terminated sooner by the Captain of the Port New
York. The safety zone temporarily closes all waters of the East River,
shore to shore, south of the Brooklyn Bridge and north of a line drawn
from Pier 9, Manhattan to Pier 3, Brooklyn, New York.
EFFECTIVE DATE: This rule is effective on December 15, 1995.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief,
Coast Guard Group New York (212) 668-7934.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this notice are LTJG K. Messenger, Project Manager,
Coast Guard Group New York and CDR J. Stieb, Project Attorney, First
Coast Guard District, Legal Office.
Regulatory History
On April 3, 1995, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register (60 FR 16820). Interested
persons were requested to submit comments on or before June 2, 1995. No
comments were received. A public hearing was not requested and one was
not held. The Coast Guard is promulgating this final rule as proposed.
Background and Purpose
For the last several years, South Street Seaport, Inc. has
submitted an Application for Approval of Marine Event for a New Year's
Eve fireworks program on the East River. This regulation establishes a
permanent safety zone on all waters of the East River, shore to shore,
south of the Brooklyn Bridge and north of a line drawn from Pier 9,
Manhattan to Pier 3, Brooklyn, New York. The safety zone is in effect
annually from 11:30 p.m. on December 31, until 12:45 a.m. on
[[Page 57343]]
January 1, unless extended or terminated sooner by the Captain of the
Port New York. The safety zone prevents all vessels from transiting
this area of the East River and is needed to protect mariners from the
hazards associated with fireworks exploding in the area.
This permanent regulation provides notice to mariners that this
event occurs annually at the same location, on the same day and time,
allowing them to plan transits accordingly. The effective period of the
safety zone will be announced annually via Safety Marine Information
Broadcasts and locally issued notices.
Regulatory Evaluation
This regulation is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has been exempted from review by the Office of
Management and Budget under that order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the
economic impact of this regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of DOT is unnecessary. The safety zone closes a portion
of the East River to vessel traffic annually from 11:30 p.m. on
December 31, until 12:45 a.m. on January 1, unless extended or
terminated sooner by the Captain of the Port New York. Although this
regulation prevents traffic from transiting this area of the East
River, the effect of this regulation is not significant for several
reasons: the duration of the event is limited; the event is at a late
hour; pleasure craft and some commercial vessels can take an alternate
route via the Hudson and Harlem Rivers; the event has been held
annually for the past several years without incident or complaint; and
the extensive, advance advisories which will be made. Accordingly, the
Coast Guard expects the economic impact of this regulation to be so
minimal that a Regulatory Evaluation is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this regulation will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include independently owned and operated small
businesses that are not dominant in their field and that otherwise
qualify as ``small business concerns'' under Section 3 of the Small
Business Act (15 U.S.C. 632).
For reasons set forth in the Regulatory Evaluation, the Coast Guard
expects the impact of this regulation to be minimal. The Coast Guard
certifies under 5 U.S.C. 605(b) that this regulation will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This regulation contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501).
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this regulation does not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that under section 2.B.2.e. of Commandant
Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, it is
categorically excluded from further environmental documentation. A
Categorical Exclusion Determination and Environmental Analysis
Checklist are included in the docket. An appropriate environmental
analysis of the fireworks program under the National Environmental
Policy Act will be conducted in conjunction with the marine event
permitting process each year.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final Regulation
For reasons set out in the preamble, the Coast Guard amends 33 CFR
Part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. Section 165.174, is added to read as follows: Sec. 165.174
Safety Zone; Annual South Street Seaport New Year's Eve Fireworks
Display, East River, New York.
(a) Location. All waters of the East River south of the Brooklyn
Bridge and north of a line drawn from Pier 9, Manhattan to Pier 3,
Brooklyn, New York.
(b) Effective period. This section is in effect annually from 11:30
p.m. on December 31, until 12:45 a.m. on January 1, unless extended or
terminated sooner by the Captain of the Port New York. The effective
period will be announced annually via Safety Marine Information
Broadcasts and locally issued notices.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. U.S. Coast Guard patrol personnel include commissioned,
warrant, and petty officers of the Coast Guard. Upon being hailed by a
U.S. Coast Guard vessel via siren, radio, flashing light, or other
means, the operator of a vessel shall proceed as directed.
Dated: November 2, 1995.
J. Rutkovsky,
Commander, U.S. Coast Guard, Captain of the Port New York, Acting.
[FR Doc. 95-28105 Filed 11-14-95; 8:45 am]
BILLING CODE 4910-14-M
