[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]


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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.

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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]
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