[Federal Register Volume 61, Number 170 (Friday, August 30, 1996)] [Rules and Regulations] [Pages 45892-45893] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-22209] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 33 CFR Part 165 [CGD01-96-100] RIN 2115-AA97 Safety Zone: MTV Music Awards Fireworks Display, East River, New York AGENCY: Coast Guard, DOT. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for the MTV Music Awards fireworks display located in the East River, New York. The safety zone will be in effect from 10:30 p.m. until 11:45 p.m. on Wednesday, September 4, 1996. The safety zone will 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. EFFECTIVE DATE: This rule is effective from 10:30 p.m. until 11:45 p.m. on Wednesday, September 4, 1996, unless extended or terminated sooner by the Captain of the Port New York. FOR FURTHER INFORMATION CONTACT: Lieutenant J. W. Green, Waterways Oversight Branch Chief, Coast Guard Activities New York at (202) 668-7906. SUPPLEMENTARY INFORMATION: 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 a NPRM and for making this regulation effective less than 30 days after Federal Register publication. Due to the date on which complete information regarding this event was received, there was [[Page 45893]] insufficient time to draft and publish a NPRM. The delay encountered if normal rulemaking procedures were followed would effectively cancel the event. Cancellation of the event is contrary to public interest since the event is intended to provide public entertainment. Background and Purpose MTV submitted an Application for Approval of Marine Event to hold a fireworks program in the waters of the East River. This regulation establishes a safety zone in the waters of the East River from 10:30 p.m. until 11:45 p.m. on Wednesday, September 4, 1996, unless extended or terminated sooner by the Captain of the Port New York. This safety zone precludes 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. 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 closes a portion of the East River to all vessel traffic from 10:30 p.m. until 11:45 p.m. on Wednesday, September 4, 1996, unless extended or terminated sooner by the Captain of the Port New York. This section of the East River experiences moderate commercial and recreational marine traffic. Although this regulation prevents traffic from transiting this 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; pleasure craft and some commercial vessels can take an alternate route via the Hudson and Harlem Rivers; and the extensive, advance advisories that 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 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. If, however, you think that your business or organization qualifies as a small entity and that this rule will have significant economic impact on your business or organization, please submit a comment explaining why you think it qualifies and in what way and to what degree this rule will economically affect it. 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.(34)(g) of Commandant Instruction M16475.1B (as revised by 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. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. 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.T01-100, is added to read as follows: Sec. 165.T01-100 Safety Zone; MTV Music Awards 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 effective from 10:30 p.m. until 11:45 p.m. on Wednesday, September 4, 1996, unless extended or terminated sooner by the Captain of the Port New York. (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: August 23, 1996. Richard C. Vlaun, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 96-22209 Filed 8-29-96; 8:45 am] BILLING CODE 4910-14-M