Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Rules and Regulations 20429

§ 117.821 Atlantic Intracoastal Waterway,

Albermarle Sound to Sunset Beach.

* * * * *

(b) * * *

(4) Figure Eight Swing Bridge, mile

278.1, at Scotts Hill, NC, must open, if

signaled, on the hour and half hour.

* * * * *

Dated: April 14, 1995.

W.J. Ecker,

Rear Admiral, U.S. Coast Guard, Commander,

Fifth Coast Guard District.

[FR Doc. 95–10232 Filed 4–25–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–95–004]

RIN 2115–AA97

Safety Zone: Annual South Street

Seaport Memorial Day Fireworks, East

River, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing a permanent safety zone for

the annual South Street Seaport

Memorial Day Fireworks display located

in the East River, New York. The safety

zone will be in effect annually on the

Sunday before Memorial Day from 8

p.m. until 10 p.m., unless extended or

terminated sooner by the Captain of the

Port, New York. 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

May 26, 1995.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) K. Messenger,

Maritime Planning Staff Chief, Coast

Guard Group New York (212) 668–7934.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this notice are LTJG K.

Messenger, Project Manager, Coast

Guard Group New York and LCDR J.

Stieb, Project Attorney, First Coast

Guard District, Legal Office.

Regulatory History

On March 16, 1995, the Coast Guard

published a notice of proposed

rulemaking (NPRM) in the Federal

Register (60 FR 14243). Interested

persons were requested to submit

comments on or before April 17, 1995.

No comments were received. A public

hearing was not requested and one was

not held. The Coast Guard is

promulgating this final rule as

proposed.

Background and Purpose

For the last several years, South Street

Seaport, Inc. has submitted an

Application for Approval of Marine

Event for a Memorial Day fireworks

program in the waters of the East River.

This regulation establishes a safety zone

in the waters of the East River on the

Sunday before Memorial Day from 8

p.m. until 10 p.m., 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. The effective period of the

safety zone will be announced annually

via Safety Marine Information

Broadcasts and by locally issued

notices.

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 annually on the

Sunday before Memorial Day between 8

p.m. and 10 p.m., unless extended or

terminated sooner by the Captain of the

Port, New York. Although this

regulation prevents traffic from

transiting this area, the effect of this

regulation will not be significant 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; that

pleasure craft and some commercial

vessels can take an alternate route via

the Hudson and Harlem Rivers; and that

this event has been held annually for

the past several years without incident

or complaint, 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 above

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 this regulation

and concluded that under section

2.B.2.e. of Commandant Instruction

M16475.1B, revised 59 FR 38654, it 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

this fireworks program under the

National Environmental Policy Act will

be conducted in conjunction with the

marine event permitting process each

year.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Final 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.
20430 Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Rules and Regulations

2. Section 165.175 is added to read as

follows:

§ 165.175 Safety Zone; Annual South

Street Seaport Memorial Day 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 safety zone

is in effect annually on the Sunday

before Memorial Day from 8 p.m. until

10 p.m., unless extended or terminated

sooner by the Captain of the Port, New

York. The effective period will be

announced annually via Safety Marine

Information Broadcasts and locally

issued notices.

(c) Regulations. (1) The general

regulations contained in 33 CFR 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: April 18, 1995.

J. Rutkovsky,

Acting Commander, U.S. Coast Guard,

Captain of the Port, New York.

[FR Doc. 95–10233 Filed 4–25–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–95–013]

RIN 2115–AA97

Safety Zone: Annual North Hempstead

Memorial Day Fireworks Display,

Hempstead Harbor, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing a permanent safety zone for

the annual North Hempstead Memorial

Day fireworks display located in

Hempstead Harbor, New York. The

safety zone will be in effect annually on

the Friday before Memorial Day from 8

p.m. until 10 p.m., with a rain date on

the following Saturday during the same

times, unless extended or terminated

sooner by the Captain of the Port New

York. The safety zone closes all waters

of Hempstead Harbor within a 300 yard

radius of the fireworks platform located

approximately 300 yards north of Bar

Beach, North Hempstead, New York.

EFFECTIVE DATE: This rule is effective

May 26, 1995.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) K. Messenger,

Maritime Planning Staff Chief, Coast

Guard Group New York (212) 668-7934.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this notice are LTJG K.

Messenger, Project Manager, Coast

Guard Group New York and LCDR J.

Stieb, Project Attorney, First Coast

Guard District, Legal Office.

Regulatory History

On March 16, 1995, the Coast Guard

published a notice of proposed

rulemaking (NPRM) in the Federal

Register (60 FR 14245). Interested

persons were requested to submit

comments on or before April 17, 1995.

No comments were received. A public

hearing was not requested and one was

not held. The Coast Guard is

promulgating this final rule as

proposed.

Background and Purpose

For the last several years, the Town of

North Hempstead has submitted an

Application for Approval of Marine

Event for a fireworks program in the

waters of Hempstead Harbor. This

regulation establishes an annual safety

zone in the waters of Hempstead Harbor

on the Friday before Memorial Day from

8 p.m. until 10 p.m., with a rain date on

the following Saturday during the same

times, unless extended or terminated

sooner by the Captain of the Port New

York. This safety zone precludes all

vessels from transiting within a 300

yard radius of the fireworks platform

located approximately 300 yards north

of Bar Beach, North Hempstead, New

York. It is needed to protect mariners

from the hazards associated with

fireworks exploding in the area. The

effective period of the safety zone will

be announced annually via Safety

Marine Information Broadcasts and by

locally issued notices.

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

Hempstead Harbor to all vessel traffic

annually on the Friday before Memorial

Day from 8 p.m. until 10 p.m., with a

rain date on the following Saturday at

the same times, unless extended or

terminated sooner by the Captain of the

Port New York. Although this regulation

prevents traffic from transiting this area,

the effect of this regulation will not be

significant 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;

that the amount of traffic in this area is

minimal; and that this event has been

held annually for the past several years

without incident or complaint, 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 above

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 this regulation

and concluded that under section

2.B.2.e. of Commandant Instruction

M16475.1B, revised 59 FR 38654, it is