[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12405]


[[Page Unknown]]

[Federal Register: May 20, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-94-043]
RIN 2115-AA97

 

Safety Zone; South Street Seaport Memorial Day Fireworks, East 
River, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
Memorial Day fireworks program located in the East River. This event is 
sponsored by South Street Seaport, Inc., and will take place on May 29, 
1994, from 8 p.m. until 10 p.m. This safety zone is needed to protect 
the boating public from the hazards associated with fireworks exploding 
in the area.

EFFECTIVE DATE: This rule is effective from 8 p.m. until 10 p.m. on May 
29, 1994.

FOR FURTHER INFORMATION CONTACT:
LT R. Trabocchi, Project Manager, Captain of the Port, New York (212) 
668-7933.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this notice are LT R. Trabocchi, Project Manager, 
Captain of the Port, New York and CDR J. Astley, Project Attorney, 
First Coast Guard District, Legal Office.

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking was not 
published for this regulation and good cause exists for making it 
effective less than 30 days after Federal Register publication. Due to 
the date this application was received, there was not sufficient time 
to publish a proposed rule in advance of the event. Publishing an NPRM 
and delaying the event would be contrary to public interest since the 
fireworks display is for public viewing.

Background and Purpose

    On April 18, 1994, South Street Seaport, Inc. submitted an 
application to hold a fireworks program in the East River off of South 
Street Seaport, Manhattan, New York. This regulation establishes a 
temporary safety zone in 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. This safety zone is being established to protect 
boaters from the hazards associated with fireworks exploding in the 
area. No vessel will be permitted to enter or move within this safety 
zone unless authorized to do so by the Coast Guard Captain of the Port, 
New York.

Regulatory Evaluation

    This rule is not a significant regulatory action under Executive 
Order 12866 and is not significant under Department of Transportation 
Regulatory Policies and Procedures (44 FR 11040; February 26, 1979). No 
vessel traffic will be permitted to transit the East River between the 
Brooklyn Bridge and a line drawn from Pier 9, Manhattan to Pier 3 
Brooklyn at any time the safety zone is in effect. Although there is a 
regular flow of traffic through this area, there is not likely to be a 
significant impact on recreational or commercial traffic for several 
reasons. Due to the limited duration of the event, the late hour of the 
event, the extensive, advance advisories that will be made to the 
affected maritime community to allow for the scheduling of transits 
before and after the event, and that pleasure craft and some commercial 
vessels can take an alternate route via the Hudson and Harlem Rivers, 
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 given 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 these 
regulations and concluded that under section 2.B.2.c. of Commandant 
Instruction M16475.1B, it is an action under the Coast Guard's 
statutory authority to promote maritime safety and protect the 
environment, and thus is categorically excluded from further 
environmental documentation. 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.

Regulations

    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 section, 165.T01-043 is added to read as follows:


Sec. 165.T01-043  South Street Seaport Memorial Day Fireworks, East 
River, New York.

    (a) Location. This temporary safety zone includes 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 8 p.m. until 
10 p.m. on May 29, 1994.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply to 
this safety zone.
    (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: May 5, 1994.
T.H. Gilmour,
Captain, U. S. Coast Guard, Captain of the Port, New York.
[FR Doc. 94-12405 Filed 5-19-94; 8:45 am]
BILLING CODE 4910-14-M