[Federal Register Volume 59, Number 215 (Tuesday, November 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27670]


[[Page Unknown]]

[Federal Register: November 8, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-94-153]
RIN 2115-AA97

 

Safety Zone; South Street Seaport, New Years Eve Fireworks, East 
River, NY

agency: Coast Guard, DOT.

action: Notice of proposed rulemaking.

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summary: The Coast Guard proposed to establish a temporary safety zone 
for a fireworks program located in the East River, New York. If 
adopted, this event will take place from 11:30 p.m. on December 31, 
1994, to 12:45 a.m. on January 1, 1995. This proposed regulation 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. This 
safety zone would preclude all vessels from transiting this portion of 
the East River and is needed to protect the boating public from the 
hazards associated with fireworks exploding in the area.

dates: Comments must be received on or before December 8, 1994.

addresses: Comments should be mailed to U.S. Coast Guard Group, New 
York, Bldg. 108, Governors Island, New York 10004-5096, or may be 
delivered to the Planning and Readiness Division, 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 Planning 
and Readiness Division 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 R. Trabocchi, Planning and 
Readiness Division Officer, 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. A 30-
day comment period is deemed to be sufficiently reasonable, notice to 
all interested persons. Since this proposed rulemaking is neither 
complex nor technical, a longer comment period is deemed to be 
unnecessary and contrary to the public interest. Any delay in 
publishing a final rule would effectively cancel this event. 
Cancellation of this event would be contrary to public interest.
    Persons submitting comments should include their names and 
addresses, identify this notice (CGD01-94-153) and the specific section 
of the proposal to which their comments apply, and given reasons for 
each comment. Persons wanting acknowledgement of receipt of comments 
should enclose a stamped, self-addressed postcard or envelope.
    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 Planning and Readiness Division 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 LT R. Trabocchi, Project Manager, 
Captain of the Port, New York and LCDR J. Stieb, Project Attorney, 
First Coast Guard District, Legal Office.

Background and Purpose

    South Street Seaport, Inc., submitted an application to hold a 
fireworks program in the waters of the East River, New York, between 
Pier 16, Manhattan and Pier 1, Brooklyn. If adopted, this regulation 
would establish a temporary safety zone in the waters of the East River 
south of the Brooklyn Bridge and north of a line drawn from Pier 9, 
Manhattan to Pier 3, Brooklyn from 11:30 p.m. on December 31, 1994, to 
12:45 a.m. on January 1, 1995. This safety zone would preclude all 
vessels from transiting this portion of the East River and is needed to 
protect boaters from the hazards associated with fireworks exploding in 
the area.

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 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 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. If adopted, this safety zone will close a portion of the 
East River to all vessel traffic between 11:30 p.m. on December 31, 
1994, and 12:45 a.m. on January 1, 1995, 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 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 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, it 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.

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. A temporary section, 165.T01-153, is added to read as follows:


Sec. 165.T01-153  Safety Zone; South Street Seaport, New Years Eve 
Fireworks, East River, NY.

    (a) Location. All waters of the East River, New York, 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 11:30 p.m. on 
December 31, 1994, to 12:45 a.m. on January 1, 1995, unless extended or 
terminated sooner by the Coast Guard, 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: October 27, 1994.
T. H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 94-27670 Filed 11-7-94; 8:45 am]
BILLING CODE 4910-14-M