[Federal Register Volume 60, Number 220 (Wednesday, November 15, 1995)]
[Rules and Regulations]
[Pages 57342-57343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28105]



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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: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent safety zone for 
the annual South Street Seaport New Year's Eve fireworks program 
located on the East River, New York. The safety zone is in effect 
annually from 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 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, New York.

EFFECTIVE DATE: This rule is effective on December 15, 1995.

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

    On April 3, 1995, the Coast Guard published a notice of proposed 
rulemaking (NPRM) in the Federal Register (60 FR 16820). Interested 
persons were requested to submit comments on or before June 2, 1995. No 
comments were received. A public hearing was not requested and one was 
not held. The Coast Guard is promulgating this final rule as proposed.

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 on the East River. This regulation establishes a 
permanent safety zone on 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, New York. The safety zone is in effect 
annually from 11:30 p.m. on December 31, until 12:45 a.m. on 

[[Page 57343]]
January 1, unless extended or terminated sooner by the Captain of the 
Port New York. The safety zone prevents all 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.
    This permanent regulation provides notice to mariners that this 
event occurs annually at the same location, on the same day and time, 
allowing them to plan transits accordingly. The effective period of the 
safety zone will be announced annually via Safety Marine Information 
Broadcasts and locally issued notices.

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. The safety zone closes a portion 
of the East River to vessel traffic annually from 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 prevents traffic from transiting this area of the East 
River, the effect of this regulation is not significant for several 
reasons: the duration of the event is limited; the event is at a late 
hour; pleasure craft and some commercial vessels 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 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, it is 
categorically excluded from further environmental documentation. A 
Categorical Exclusion Determination and Environmental Analysis 
Checklist are included in the docket. An appropriate environmental 
analysis of the fireworks program under the National Environmental 
Policy Act will be conducted in conjunction with the marine event 
permitting process each year.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Final 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. 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, New York.
    (b) Effective period. This section is in effect annually from 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 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: November 2, 1995.
J. Rutkovsky,
Commander, U.S. Coast Guard, Captain of the Port New York, Acting.
[FR Doc. 95-28105 Filed 11-14-95; 8:45 am]
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