[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Proposed Rules]
[Pages 14243-14245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6429]



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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: Notice of proposed rulemaking.

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summary: The Coast Guard proposes to establish a permanent safety zone 
for the annual South Street Seaport Memorial Day Fireworks display 
located in the East River, New York. The safety zone would 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 proposed safety zone would 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.

dates: Comments must be received on or before April 17, 1995.

addresses: Comments should be mailed to U.S. Coast Guard Group, New 
York, Bldg. 108, Governors Island, New York 10004-5096, or may be 
delivered to the Maritime Planning Staff, Bldg. 108, between 8 a.m. and 
4 p.m., Monday through Friday, except Federal holidays.
    Any person wishing to visit the office must contact the Maritime 
Planning Staff at (212) 668-7934 to obtain advance clearance due to the 
fact that Governors Island is a military installation with limited 
access.

for further information contact: Lieutenant (Junior Grade) K. 
Messenger, Maritime Planning Staff Chief, Coast Guard Group, New York, 
(212) 668-7934.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. A 30 
day comment period is deemed to be sufficiently reasonable notice to 
all interested persons. Since this proposed rulemaking is neither 
complex nor technical, a longer comment period is [[Page 14244]] deemed 
to be unnecessary and contrary to the public interest. Any delay in 
publishing a final rule would effectively cancel this event. 
Cancellation of this event would be contrary to public interest.
    Persons submitting comments should include their names and 
addresses, identify this notice (CGD01-95-004) and the specific section 
of the proposal to which their comments apply, and give reasons for 
each comment. Persons wanting acknowledgment of receipt of comments 
should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing; however, persons may request a 
public hearing by writing to the Maritime Planning Staff at the address 
under ADDRESSES. If it is determined that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The drafters of this notice are LTJG K. Messenger, Project Manager, 
Captain of the Port, New York and LCDR J. Stieb, Project Attorney, 
First Coast Guard District, Legal Office.

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 
would establish 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 would preclude 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.
    This permanent regulation would provide notice to mariners that 
this event occurs annually at the same location, on the same day and 
time, allowing them to plan transits accordingly. This regulation will 
be announced annually via Safety Marine Information Broadcasts and by 
locally issued notices.

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 safety zone would close 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 would prevent 
traffic from transiting this area, the effect of this regulation would 
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 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 other wise 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 certifius 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 
proposal and concluded that under section 2.B.2.e. of Commandant 
Instruction M16475.1B, it 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.

Proposed Regulations

    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. 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. The 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 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.

    [[Page 14245]] Dated: March 6, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-6429 Filed 3-15-95; 8:45 am]
BILLING CODE 4910-14-M