[Federal Register Volume 60, Number 63 (Monday, April 3, 1995)]
[Proposed Rules]
[Pages 16820-16821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8125]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a permanent safety zone
for the annual South Street Seaport New Year's Eve fireworks display
located in the East River, New York. The safety zone would be in effect
annually on December 31 at 11:30 p.m. until 12:45 a.m. on January 1,
unless extended or terminated sooner by the Captain of the Port, New
York. The proposed safety zone 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.
DATES: Comments must be received on or before June 2, 1995.
ADDRESSES: Comments should be mailed to the U.S. Coast Guard Group, New
York, Bldg. 108, Governors Island, New York 10004-5096, or may be
delivered to the Maritime Planning Staff, 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 Maritime
Planning Staff 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 (Junior Grade) K. Messenger, Maritime Planning Staff Chief,
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.
Persons submitting comments should include their names and
addresses, identify this notice (CGD01-95-010) and the specific section
of the proposal to which their comments apply, and give reasons for
each comment. Persons wanting acknowledgment to receipt of comments
should enclose a stamped, self-addressed postcard or envelop.
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 Maritime Planning Staff 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 LTJG K. Messenger, Project Manager,
Captain of the Port, New York and LCDR J. Stieb, Project Attorney,
First Coast Guard District, Legal Office.
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 in the waters of the East River. This regulation
would establish a safety zone annually in the waters of the East River
at 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.
This safety zone would preclude 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.
This permanent regulation would provide notice to mariners that
this event occurs annually at the same location, on the same day and
time, allowing them to plan transits accordingly. This regulation will
be announced annually via Safety Marine Information Broadcasts and by
locally issued notices.
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 the 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
[[Page 16821]] procedures of DOT is unnecessary. This safety zone would
close a portion of the East River to all vessel traffic annually at
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 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 make;
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 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, as revised by 59 FR 38654, July 29, 1994, it is
categorically excluded from further environmental documentation.
Appropriate environmental analysis of the South Street Seaport New
Year's Eve fireworks will be conducted in conjunction with the marine
event permitting process each year. Any environmental documentation
required under the National Environmental Policy Act for issuance of a
marine event permit will be completed prior to the event. 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. 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.
(b) Effective period. This section is in effect annually at 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 C.F.R.
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: March 6, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard Captain of the Port, New York.
[FR Doc. 95-8125 Filed 3-31-95; 8:45 am]
BILLING CODE 4910-14-M
