[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14879]


[[Page Unknown]]

[Federal Register: June 20, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-94-060]
RIN 2115-AA97

 

Safety Zone; Edward Arrigoni 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 
fireworks program located in the East River. This event will take place 
on June 24, 1994, from 10:30 p.m. until 11:30 p.m. and will close all 
waters of the East River within a 300 yard radius of two fireworks 
barges anchored together approximately 300 yards off of East 30th 
Street, Manhattan, New York. This safety zone will preclude vessel 
traffic from transiting a portion of the East River and is needed to 
protect the boating public from the hazards associated with fireworks 
exploding in the area.

EFFECTIVE DATE: This rule is effective from 10:30 p.m. until 11:30 p.m. 
on June 24, 1994, unless terminated sooner by the Captain of the Port, 
New York.

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 (NPRM) 
was not published for this regulation and good cause exists for not 
publishing an NPRM as well as making it 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. There was also insufficient time for publication of 
this temporary final rule 30 days 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 public interest.

Background and Purpose

    Mary Jane Voute submitted an application to hold a fireworks 
program in the East River off of 30th Street, Manhattan, New York. This 
regulation establishes a temporary safety zone in all waters of the 
East River within a 300 yard radius of two fireworks barges anchored 
together approximately 300 yards off of East 30th Street, Manhattan, 
New York, at or near 40 deg.44'19''N latitude and 073 deg.58'09''W 
longitude. This safety zone will preclude vessel traffic from 
transiting a portion of the East River and is needed to protect the 
boating public 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. No vessel traffic will be 
permitted to transit the East River within a 300 yard radius of two 
fireworks barges anchored together approximately 300 yards off of East 
30th Street, Manhattan, at any time this 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 maritime community, and that traffic can safely transit 
to the east of this safety zone, the impact of this regulation is 
expected to be minimal.

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 above Regulatory Evaluation, 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.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 Sec. 165.T01-060, is added to read as follows:


Sec. 165.T01-060  Edward Arrigoni Fireworks, East River, New York.

    (a) Location. This temporary safety zone includes all waters of the 
East River within a 300 yard radius of two fireworks barges anchored 
together approximately 300 yards off of East 30th Street, Manhattan, 
New York, at or near 40 deg.44'19'' N latitude and 073 deg.58'09'' W 
longitude.
    (b) Effective period. This section is effective from 10:30 p.m. 
until 11:30 p.m. on June 24, 1994.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR Section 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: June 7, 1994.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 94-14879 Filed 6-17-94; 8:45 am]
BILLING CODE 4910-14-M