[Federal Register Volume 60, Number 63 (Monday, April 3, 1995)]
[Proposed Rules]
[Pages 16820-16821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8125]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-95-010]
RIN 2115-AA97


Safety Zone: Annual South Street Seaport New Year's Eve 
Fireworks, East River, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent safety zone 
for the annual South Street Seaport New Year's Eve fireworks display 
located in the East River, New York. The safety zone would be in effect 
annually on December 31 at 11:30 p.m. until 12:45 a.m. on January 1, 
unless extended or terminated sooner by the Captain of the Port, New 
York. The proposed safety zone 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.

DATES: Comments must be received on or before June 2, 1995.

ADDRESSES: Comments should be mailed to the U.S. Coast Guard Group, New 
York, Bldg. 108, Governors Island, New York 10004-5096, or may be 
delivered to the Maritime Planning Staff, 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 Maritime 
Planning Staff 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 (Junior Grade) K. Messenger, Maritime Planning Staff Chief, 
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.
    Persons submitting comments should include their names and 
addresses, identify this notice (CGD01-95-010) and the specific section 
of the proposal to which their comments apply, and give reasons for 
each comment. Persons wanting acknowledgment to receipt of comments 
should enclose a stamped, self-addressed postcard or envelop.
    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 Maritime Planning Staff 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 LTJG K. Messenger, Project Manager, 
Captain of the Port, New York and LCDR J. Stieb, Project Attorney, 
First Coast Guard District, Legal Office.

Background and Purpose

    For the last several years, South Street Seaport, Inc. has 
submitted an Application for Approval of Marine Event for a New Year's 
Eve fireworks program in the waters of the East River. This regulation 
would establish a safety zone annually in the waters of the East River 
at 11:30 p.m. on December 31, until 12:45 a.m. on January 1, unless 
extended or terminated sooner by the Captain of the Port, New York. 
This safety zone would preclude all vessels from transiting south of 
the Brooklyn Bridge and north of a line drawn from Pier 9, Manhattan to 
Pier 3, Brooklyn. It is needed to protect mariners from the hazards 
associated with fireworks exploding in the area.
    This permanent regulation would provide notice to mariners that 
this event occurs annually at the same location, on the same day and 
time, allowing them to plan transits accordingly. This regulation will 
be announced annually via Safety Marine Information Broadcasts and by 
locally issued notices.

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 the 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 
[[Page 16821]] procedures of DOT is unnecessary. This safety zone would 
close a portion of the East River to all vessel traffic annually at 
11:30 p.m. on December 31, until 12:45 a.m. on January 1, 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 make; 
that pleasure craft and some commercial vessels can take an alternate 
route via the Hudson and Harlem Rivers; and that this event has been 
held annually for the past several years without incident or complaint, 
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, as revised by 59 FR 38654, July 29, 1994, it is 
categorically excluded from further environmental documentation. 
Appropriate environmental analysis of the South Street Seaport New 
Year's Eve fireworks will be conducted in conjunction with the marine 
event permitting process each year. Any environmental documentation 
required under the National Environmental Policy Act for issuance of a 
marine event permit will be completed prior to the event. 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. Section 165.174 is added to read as follows:


Sec. 165.174  Safety Zone: Annual South Street Seaport New Year's Eve 
Fireworks Display, East River, New York.

    (a) Location. 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 in effect annually at 11:30 
p.m. on December 31, until 12:45 a.m. on January 1, unless extended or 
terminated sooner by the Captain of the Port New York. The effective 
period will be announced annually via Safety Marine Information 
Broadcasts and locally issued notices.
    (c) Regulations. (1) The general regulations contained in 33 C.F.R. 
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: March 6, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard Captain of the Port, New York.
[FR Doc. 95-8125 Filed 3-31-95; 8:45 am]
BILLING CODE 4910-14-M