[Federal Register Volume 60, Number 186 (Tuesday, September 26, 1995)]
[Rules and Regulations]
[Pages 49509-49511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23801]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-95-147]
RIN 2115-AA97
Safety Zone: Deepavali Fireworks Festival, East River, NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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[[Page 49510]]
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Deepavali Fireworks Festival Program located in the East River, New
York. The safety zone is in effect from 6:45 p.m. until 8:15 p.m. on
Sunday, October 15, 1995, unless extended or terminated sooner by the
Captain of the Port New York. The safety zone temporarily closes all
waters of the East River, shore to shore, south of the Brooklyn Bridge
and north of a line drawn from Pier 9, Manhattan to Pier 3, Brooklyn.
EFFECTIVE DATE: This rule is in effect from 6:45 p.m. until 8:15 p.m.
on October 15, 1995, unless extended or terminated sooner by the
Captain of the Port New York.
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 CDR J. Stieb, Project Attorney, First
Coast Guard District, Legal Office.
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation. Good cause exists for not
publishing an NPRM, and for making this regulation effective less than
30 days after Federal Register publication. Due to the date this
application was received, there was insufficient time to draft and
publish a notice of proposed rulemaking that allows for a reasonable
comment period prior to the event. The delay encountered if normal
rulemaking procedures were followed would effectively cancel this
event. Cancellation of this event is contrary to the public interest.
Adequate measures are being taken to ensure mariners are aware of
this regulation. Notification of this rule will be published locally in
the First Coast Guard District's Local Notice to Mariners, and
announced via Safety Marine Information Broadcasts.
Background and Purpose
On September 5, 1995, the Coast Guard received an Application for
Approval of Marine Event from Garden State Fireworks to hold a
fireworks program in the waters of the East River. The fireworks
program is being sponsored by the Association of Indians in America
Inc. This regulation establishes a temporary safety zone in all waters
of the East River, shore to shore, south of the Brooklyn Bridge and
north of a line drawn from Pier 9, Manhattan to Pier 3, Brooklyn. The
safety zone is in effect from 6:45 p.m. until 8:15 p.m. on October 15,
1995, unless extended or terminated sooner by the Captain of the Port
New York. The safety zone prevents vessels from transiting this area of
the East River, and is needed to protect mariners from the hazards
associated with fireworks exploding in the area.
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 regulation closes a portion
of the East River, to vessel traffic from 6:45 p.m. until 8:15 p.m. on
October 15, 1995, unless extended or terminated sooner by the Captain
of the Port New York. The East River is subjected to moderate
commercial vessel traffic. Although this regulation prevents traffic
from transiting the safety zone area, the effect of this regulation
will not be significant for several reasons: the duration of the event
is limited; the event is at a late hour; recreational traffic and some
commercial traffic can take an alternate route via the Hudson and
Harlem Rivers; the event has been held annually for the past several
years without incident or complaint; and the extensive, advance
advisories which will be made. Accordingly, 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 set forth 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 this
regulation and concluded that under section 2.B.2.e. of Commandant
Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, the
promulgation of this regulation is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination and
Environmental Analysis Checklist are included in the docket. Under the
National Environmental Policy Act, the approval of the permit for
marine event for this event is a federal action which is categorically
excluded in accordance with section 2.B.2.e(35)(h) of Commandant
Instruction M16475.1B. This fireworks display lasts 30 minutes and is
expected to involve less than 200 spectator craft.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Temporary 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.
2. A temporary Sec. 165.T01-147 is added to read as follows:
[[Page 49511]]
Sec. 165.T01-147 Safety Zone; Deepavali Fireworks Festival, East
River, New York.
(a) Location. The safety zone includes all waters of the East
River, shore to shore, 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 from 6:45 p.m.
until 8:15 p.m. on October 15, 1995, unless extended or terminated
sooner by the 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: September 15, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 95-23801 Filed 9-25-95; 8:45 am]
BILLING CODE 4910-14-M
