[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12405]
[[Page Unknown]]
[Federal Register: May 20, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-94-043]
RIN 2115-AA97
Safety Zone; South Street Seaport Memorial Day 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 a
Memorial Day fireworks program located in the East River. This event is
sponsored by South Street Seaport, Inc., and will take place on May 29,
1994, from 8 p.m. until 10 p.m. This safety zone is needed to protect
the boating public from the hazards associated with fireworks exploding
in the area.
EFFECTIVE DATE: This rule is effective from 8 p.m. until 10 p.m. on May
29, 1994.
FOR FURTHER INFORMATION CONTACT:
LT R. Trabocchi, Project Manager, Captain of the Port, New York (212)
668-7933.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this notice are LT R. Trabocchi, Project Manager,
Captain of the Port, New York and CDR J. Astley, Project Attorney,
First Coast Guard District, Legal Office.
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking was not
published for this regulation and good cause exists for making it
effective less than 30 days after Federal Register publication. Due to
the date this application was received, there was not sufficient time
to publish a proposed rule in advance of the event. Publishing an NPRM
and delaying the event would be contrary to public interest since the
fireworks display is for public viewing.
Background and Purpose
On April 18, 1994, South Street Seaport, Inc. submitted an
application to hold a fireworks program in the East River off of South
Street Seaport, Manhattan, New York. This regulation establishes a
temporary safety zone in 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 is being established to protect
boaters from the hazards associated with fireworks exploding in the
area. No vessel will be permitted to enter or move within this safety
zone unless authorized to do so by the Coast Guard Captain of the Port,
New York.
Regulatory Evaluation
This rule is not a significant regulatory action under Executive
Order 12866 and is not significant under Department of Transportation
Regulatory Policies and Procedures (44 FR 11040; February 26, 1979). No
vessel traffic will be permitted to transit the East River between the
Brooklyn Bridge and a line drawn from Pier 9, Manhattan to Pier 3
Brooklyn at any time the safety zone is in effect. Although there is a
regular flow of traffic through this area, there is not likely to be a
significant impact on recreational or commercial traffic 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 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 the reasons given 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 these
regulations and concluded that under section 2.B.2.c. of Commandant
Instruction M16475.1B, it is an action under the Coast Guard's
statutory authority to promote maritime safety and protect the
environment, and thus 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.
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 section, 165.T01-043 is added to read as follows:
Sec. 165.T01-043 South Street Seaport Memorial Day Fireworks, East
River, New York.
(a) Location. This temporary safety zone includes 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 effective from 8 p.m. until
10 p.m. on May 29, 1994.
(c) Regulations.
(1) The general regulations contained in 33 CFR 165.23 apply to
this safety zone.
(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: May 5, 1994.
T.H. Gilmour,
Captain, U. S. Coast Guard, Captain of the Port, New York.
[FR Doc. 94-12405 Filed 5-19-94; 8:45 am]
BILLING CODE 4910-14-M
