[Federal Register Volume 59, Number 246 (Friday, December 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31628]


[[Page Unknown]]

[Federal Register: December 23, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-94-153]
RIN 2115-AA97

 

Safety Zone; South Street Seaport, New Year's Eve 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 
the South Street Seaport, New Year's Eve Fireworks display in the East 
River, New York, on December 31, 1994, to protect the boating public 
from the hazards associated with fireworks exploding in the area. This 
event, sponsored by South Street Seaport, Inc., will take place 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 Captain of the Port, New 
York. This regulation will temporarily 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 will preclude all 
vessels from transiting this portion of the East River.

EFFECTIVE DATES: This rule 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 Captain of the Port, New York.

FOR FURTHER INFORMATION CONTACT: Lieutenant R. Trabocchi, Planning and 
Readiness Division Officer, Coast Guard Group New York (212) 668-7934.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this notice are LT R. Trabocchi, Project Manager, 
Captain of the Port, New York and LCDR J. D. Steib, Project Attorney, 
First Coast Guard District, Legal Office.

Regulatory History

    On November 8, 1994, the Coast Guard published a noticed of 
proposed rulemaking (NPRM) in the Federal Register (59 FR 55603) 
concerning this regulatory action. Interested persons were requested to 
submit comments on or before December 8, 1994. No comments were 
received. A public hearing was not requested and one was not held. The 
Captain of the Port, New York, is promulgating this temporary final 
rule as proposed. Good cause exists for making this rule effective less 
than 30 days after Federal Register publication. Due to the length of 
the comment period deemed necessary to provide the public with adequate 
notice, there is insufficient time to publish this rule 30 days before 
the event. Making this rule effective in less than 30 days after 
publication is in the public interest as any delay would effectively 
cause cancellation of the event.

Background and Purpose

    South Street Seaport, Inc., submitted an application to hold a 
fireworks program in the waters of the East River on December 31, 1994. 
Following the notice and comment period described above, the Captain of 
the Port, New York, now promulgates this temporary final rule as 
proposed and establishes a safety zone for the annual event known as 
the ``South Street Seaport New Year's Eve Fireworks'', in the waters of 
the East River.

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 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 will prevent traffic from transiting this area, the 
effect of this regulation will not be significant for several reasons. 
Due to the limited duration of the event; the minimal traffic expected 
due to the late hour of the event and winter season; the extensive 
advance advisories that will be made to the 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 
impac 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 reasons set forth in the above 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 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, 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.

Final 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.T01-153 is added to read as follows:


Sec. 165.T01-153  Safety Zone; South Street Seaport, New Year's 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: December 15, 1994.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 94-31628 Filed 12-22-94; 8:45 am]
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