[Federal Register Volume 60, Number 80 (Wednesday, April 26, 1995)]
[Rules and Regulations]
[Pages 20429-20430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10233]



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DEPARTMENT OF TRANSPORTATION
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.

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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.

    [[Page 20430]] 2. Section 165.175 is added to read as follows:


Sec. 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]
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