25190 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

southwestern portion of the safety zone

will not create a hazard nor be

threatened by the fireworks display

because Vessel Traffic Service New

York will monitor and control the

transits of these ferries. Failure to allow

these continued ferry services will have

a negative impact on residents of

Governors Island, New York, and those

persons traveling to and from

Manhattan at the end of the business

holiday.

This safety zone covers the minimum

area needed to ensure the protection of

all vessels and fireworks handlers

aboard the barges.

Regulatory Evaluation

This proposal 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

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10(E) of the regulatory policies and

procedures of DOT is unnecessary. This

proposed safety zone will temporarily

close the East River to vessel traffic.

There is a regular flow of traffic through

this area; however, due to the limited

duration of the event; the extensive,

advance advisories that will be made to

allow the maritime community to

schedule transits before and after the

event; the fact that the event is taking

place at a late hour on a Federal

holiday, and that vessel traffic is

expected to be somewhat reduced due

to this Federal holiday falling on

weekday not immediately preceeding or

following a weekend, the impact of this

regulation is expected to be minimal.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal

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 above

Regulatory Evaluation, the Coast Guard

expects the impact of this proposal to be

minimal. The Coast Guard certifies

under 5 U.S.C. 605(b) that this proposal

will not have a significant economic

impact on a substantial number of small

entities.

Collection of Information

This proposal 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 proposal 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

M164475.1B, revised 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. An appropriate environmental

analysis of the fireworks program will

be conducted in conjunction with the

marine event permitting process.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Vessels, Waterways.

Regulation

For reasons set out in the preamble,

the Coast Guard proposes to amend 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.T01–031

is added to read as follows:

§ 165.T01–031 Safety Zone; Macy’s 1995

Fourth of July Fireworks, East River, New

York.

(a) Location. This safety zone includes

all waters of the East River, shore to

shore, east of a line drawn from the

Fireboat Station, at Battery Park,

Manhattan, New York (40°42′16′′ N

latitude 074°01′07′′ W longitude) to the

Governors Island Light at the northwest

point of Governors Island, New York

(40°41′35′′ N latitude 074′01′11′ W

longitude); north of a line drawn from

the Brooklyn Battery Tunnel ventilator

shaft at Governors Island, New York, to

the northwest corner of Pier 5,

Brooklyn, New York, to the northwest

corner of Pier 6, Brooklyn, New York;

south of a line drawn from Lawrence

Point to Stony Point, and south of the

Harlem River Footbridge. This safety

zone also includes all waters of

Newtown Creek, Brooklyn, New York,

west of 073°57′37′′ W longitude; and,

within the boundaries of the safety

zone, all waters inward of the pierheads

and bulkheads south of Roosevelt

Island.

(b) Effective period. This safety zone

is effective from 6 p.m. until 11 p.m. on

July 4, 1995, unless extended or

terminated sooner by the Captain of the

Port New York.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply to this safety zone.

(2) No vessels will be allowed to enter

the safety zone without permission of

the Captain of the Port New York.

(3) The following vessels may enter

the safety zone:

(i) Vessels less than 20 meters (65.6

feet) in length, carrying persons for the

sole purpose of viewing the fireworks

may enter the zone north of the

southern tip of Roosevelt Island.

(ii) Vessels greater than 20 meters

(65.6 feet) in length, carrying persons for

the sole purposes of viewing the

fireworks display may enter the zone

and take positions at least 200 yards off

the west bank of the East River between

6:30 p.m. and 8 p.m., and must remain

in position until released by the Captain

of the Port New York.

(iii) The Staten Island and Coast

Guard ferries may continue services to

their ferry slips at the Battery,

Manhattan, New York, but may not be

permitted to transit east of the Coast

Guard ferry slip, also known as Slip 6,

at the Battery, Manhattan, New York.

(4) 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 2, 1995.

T.H. Gilmour,

Captain, U.S. Coast Guard, Captain of the

Port New York.

[FR Doc. 95–11659 Filed 5–10–95; 8:45 am]

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