[Federal Register Volume 60, Number 80 (Wednesday, April 26, 1995)]
[Rules and Regulations]
[Pages 20429-20430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10233]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-95-004]
RIN 2115-AA97
Safety Zone: Annual South Street Seaport Memorial Day 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 Memorial Day Fireworks display located
in the East River, New York. The safety zone will be in effect annually
on the Sunday before Memorial Day from 8 p.m. until 10 p.m., unless
extended or terminated sooner by the Captain of the Port, New York. The
safety zone will 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.
EFFECTIVE DATE: This rule is effective May 26, 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 LCDR J. Stieb, Project Attorney, First
Coast Guard District, Legal Office.
Regulatory History
On March 16, 1995, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register (60 FR 14243). Interested
persons were requested to submit comments on or before April 17, 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 Memorial
Day fireworks program in the waters of the East River. This regulation
establishes a safety zone in the waters of the East River on the Sunday
before Memorial Day from 8 p.m. until 10 p.m., unless extended or
terminated sooner by the Captain of the Port, New York. This safety
zone precludes all vessels from transiting south of the Brooklyn Bridge
and north of a line drawn from Pier 9, Manhattan to Pier 3, Brooklyn.
It is needed to protect mariners from the hazards associated with
fireworks exploding in the area. The effective period of the safety
zone will be announced annually via Safety Marine Information
Broadcasts and by 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. This safety zone closes a portion
of the East River to all vessel traffic annually on the Sunday before
Memorial Day between 8 p.m. and 10 p.m., unless extended or terminated
sooner by the Captain of the Port, New York. Although this regulation
prevents 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 late hour of the event; the
extensive, advance advisories that will be made; that pleasure craft
and some commercial vessels can take an alternate route via the Hudson
and Harlem Rivers; and that this event has been held annually for the
past several years without incident or complaint, 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 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 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, 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 this
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.
[[Page 20430]] 2. Section 165.175 is added to read as follows:
Sec. 165.175 Safety Zone; Annual South Street Seaport Memorial Day
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.
(b) Effective period. This safety zone is in effect annually on the
Sunday before Memorial Day from 8 p.m. until 10 p.m., 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: April 18, 1995.
J. Rutkovsky,
Acting Commander, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-10233 Filed 4-25-95; 8:45 am]
BILLING CODE 4910-14-M
