[Federal Register Volume 59, Number 246 (Friday, December 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31628]
[[Page Unknown]]
[Federal Register: December 23, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-94-153]
RIN 2115-AA97
Safety Zone; South Street Seaport, New Year's Eve Fireworks, East
River, NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the South Street Seaport, New Year's Eve Fireworks display in the East
River, New York, on December 31, 1994, to protect the boating public
from the hazards associated with fireworks exploding in the area. This
event, sponsored by South Street Seaport, Inc., will take place 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 Captain of the Port, New
York. This regulation will temporarily 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 will preclude all
vessels from transiting this portion of the East River.
EFFECTIVE DATES: This rule 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 Captain of the Port, New York.
FOR FURTHER INFORMATION CONTACT: Lieutenant R. Trabocchi, Planning and
Readiness Division Officer, Coast Guard Group New York (212) 668-7934.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this notice are LT R. Trabocchi, Project Manager,
Captain of the Port, New York and LCDR J. D. Steib, Project Attorney,
First Coast Guard District, Legal Office.
Regulatory History
On November 8, 1994, the Coast Guard published a noticed of
proposed rulemaking (NPRM) in the Federal Register (59 FR 55603)
concerning this regulatory action. Interested persons were requested to
submit comments on or before December 8, 1994. No comments were
received. A public hearing was not requested and one was not held. The
Captain of the Port, New York, is promulgating this temporary final
rule as proposed. Good cause exists for making this rule effective less
than 30 days after Federal Register publication. Due to the length of
the comment period deemed necessary to provide the public with adequate
notice, there is insufficient time to publish this rule 30 days before
the event. Making this rule effective in less than 30 days after
publication is in the public interest as any delay would effectively
cause cancellation of the event.
Background and Purpose
South Street Seaport, Inc., submitted an application to hold a
fireworks program in the waters of the East River on December 31, 1994.
Following the notice and comment period described above, the Captain of
the Port, New York, now promulgates this temporary final rule as
proposed and establishes a safety zone for the annual event known as
the ``South Street Seaport New Year's Eve Fireworks'', in the waters of
the East River.
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. 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 will prevent traffic from transiting this area, the
effect of this regulation will not be significant for several reasons.
Due to the limited duration of the event; the minimal traffic expected
due to the late hour of the event and winter season; the extensive
advance advisories that will be made to the 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
impac 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 above 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 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, 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.
Final Regulations
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. A temporary Sec. 165.T01-153 is added to read as follows:
Sec. 165.T01-153 Safety Zone; South Street Seaport, New Year's 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: December 15, 1994.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 94-31628 Filed 12-22-94; 8:45 am]
BILLING CODE 4910-14-M
