[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]
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