[Federal Register Volume 59, Number 215 (Tuesday, November 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27670]
[[Page Unknown]]
[Federal Register: November 8, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-94-153]
RIN 2115-AA97
Safety Zone; South Street Seaport, New Years Eve Fireworks, East
River, NY
agency: Coast Guard, DOT.
action: Notice of proposed rulemaking.
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summary: The Coast Guard proposed to establish a temporary safety zone
for a fireworks program located in the East River, New York. If
adopted, this event will take place from 11:30 p.m. on December 31,
1994, to 12:45 a.m. on January 1, 1995. This proposed regulation would
close 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. This
safety zone would preclude all vessels from transiting this portion of
the East River and is needed to protect the boating public from the
hazards associated with fireworks exploding in the area.
dates: Comments must be received on or before December 8, 1994.
addresses: Comments should be mailed to U.S. Coast Guard Group, New
York, Bldg. 108, Governors Island, New York 10004-5096, or may be
delivered to the Planning and Readiness Division, Bldg. 108, between 8
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
Any person wishing to visit the office must contact the Planning
and Readiness Division at (212) 668-7934 to obtain advance clearance
due to the fact that Governors Island is a military installation with
limited access.
for further information contact: Lieutenant R. Trabocchi, Planning and
Readiness Division Officer, Coast Guard Group New York (212) 668-7934.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments. A 30-
day comment period is deemed to be sufficiently reasonable, notice to
all interested persons. Since this proposed rulemaking is neither
complex nor technical, a longer comment period is deemed to be
unnecessary and contrary to the public interest. Any delay in
publishing a final rule would effectively cancel this event.
Cancellation of this event would be contrary to public interest.
Persons submitting comments should include their names and
addresses, identify this notice (CGD01-94-153) and the specific section
of the proposal to which their comments apply, and given reasons for
each comment. Persons wanting acknowledgement of receipt of comments
should enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing; however, persons may request a
public hearing by writing to the Planning and Readiness Division at the
address under ADDRESSES. If it is determined that the opportunity for
oral presentations will aid this rulemaking, the Coast Guard will hold
a public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting Information
The drafters of this notice are LT R. Trabocchi, Project Manager,
Captain of the Port, New York and LCDR J. Stieb, Project Attorney,
First Coast Guard District, Legal Office.
Background and Purpose
South Street Seaport, Inc., submitted an application to hold a
fireworks program in the waters of the East River, New York, between
Pier 16, Manhattan and Pier 1, Brooklyn. If adopted, this regulation
would establish a temporary safety zone in the waters of the East River
south of the Brooklyn Bridge and north of a line drawn from Pier 9,
Manhattan to Pier 3, Brooklyn from 11:30 p.m. on December 31, 1994, to
12:45 a.m. on January 1, 1995. This safety zone would preclude all
vessels from transiting this portion of the East River and is needed to
protect boaters from the hazards associated with fireworks exploding in
the area.
Regulatory Evaluation
This proposal 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
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10(e) of the regulatory policies and procedures of DOT is
unnecessary. If adopted, this safety zone will close a portion of the
East River to all vessel traffic between 11:30 p.m. on December 31,
1994, and 12:45 a.m. on January 1, 1995, unless extended or terminated
sooner by the Captain of the Port, New York. Although this regulation
would prevent traffic from transiting this area, the effect of this
regulation would not be significant for several reasons. Due to the
limited duration of the event; the late hour of the event; the
extensive, advance advisories that will be made to the affected
maritime community to allow for the scheduling of transits before and
after the event; and that pleasure craft and some commercial vessels
can take an alternate route via the Hudson and Harlem Rivers, 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 proposal 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 above Regulatory Evaluation, the Coast
Guard expects the impact of this proposal to be minimal. The Coast
Guard certifies under 5 U.S.C. 605(b) that this proposal will not have
a significant economic impact on a substantial number of small
entities.
Collection of Information
This proposal 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 proposal 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
proposal and concluded that under section 2.B.2.e. of Commandant
Instruction M16475.1B, it is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination is
included in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulations
For reasons set out in the preamble, the Coast Guard proposes to
amend 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. A temporary section, 165.T01-153, is added to read as follows:
Sec. 165.T01-153 Safety Zone; South Street Seaport, New Years Eve
Fireworks, East River, NY.
(a) Location. All waters of the East River, New York, south of the
Brooklyn Bridge and north of a line drawn from Pier 9, Manhattan to
Pier 3, Brooklyn.
(b) Effective period. This section is effective from 11:30 p.m. on
December 31, 1994, to 12:45 a.m. on January 1, 1995, unless extended or
terminated sooner by the Coast Guard, Captain of the Port, New York.
(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: October 27, 1994.
T. H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 94-27670 Filed 11-7-94; 8:45 am]
BILLING CODE 4910-14-M
