[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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