Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Proposed Rules 14243

Port of New York and New Jersey on

May 24, 1995, from 9:15 a.m. until 3

p.m., and on May 31, 1995, from 7:30

a.m. until 1 p.m., unless extended or

terminated sooner by the Coast Guard

Captain of the Port, New York. 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 moving nature of the safety

zone, no single location would be

affected for a prolonged period of time.

This safety zone prevents vessels from

approaching within 500 yards fore and

aft and 200 yards on either side of the

aircraft carrier USS AMERICA. These

distances are less than the typical safe

passage distances normally required for

large vessels and aircraft carriers.

Additionally, recreational traffic can

transit on either side of the safety zone

on most major waterbodies and

waterways within the Port. Alternate

routes are also available to commercial

and recreational vessels traffic that can

safely transit the Harlem and East

Rivers, Kill Van Kull, Arthur Kill, and

Buttermilk Channel. Similar safety

zones have been established for arrivals

and departures of large naval vessels

with minimal or no disruption to vessel

traffic or other interests in the port. In

addition extensive, advance advisories

will be made to the maritime

community so that they can adjust their

plans accordingly. For all the above

reasons, the Coast Guard expects the

economic impact of this proposal 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 otherwise qualify

as ‘‘small business concerns’’ under

Section 3 of the Small Business Act (15

U.S.C. 632).

For reasons given in the 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 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,

Vessels, 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. A temporary section, 165.T01–023

is added to read as follows:

§ 165.T01–023 USS AMERICA, Fleet Week

’95, Port of New York and New Jersey.

(a) Location. This moving safety zone

includes all waters within 500 yards

fore and aft and 200 yards to each side

of the USS AMERICA, as it transits the

Port of New York and New Jersey

between Ambrose Channel Lighted

Whistle Buoy ‘‘A’’, at or near 40°28.8′ N

latitude, 73°53.7′ W longitude, and its

berth.

(b) Effective period. This section is

effective on May 24, 1995, from 9:15

a.m. until 3 p.m., and on May 31, 1995,

from 7:30 a.m. until 1 p.m., unless

extended or terminated sooner by the

Captain of the Port, New York.

(c) Regulations. (1) 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: March 9, 1995.

T.H. Gilmour,

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

Port, New York.

[FR Doc. 95–6430 Filed 3–15–95; 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: Notice of proposed rulemaking.

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
14244 Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Proposed Rules

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:

§ 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.
Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Proposed Rules 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

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: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a permanent safety zone for

the annual North Hempstead Memorial

Day fireworks display located in

Hempstead Harbor, New York. The

safety zone would 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 proposed safety zone could

close all waters of Hempstead Harbor

within a 300 yard radius from the center

of the fireworks platform located

approximately 300 yards north of Bar

Beach, North Hempstead, New York.

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 face 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

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 (CGD01–95–013)

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 their 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, the Town of

North Hempstead has submitted an

Application of Approval of Marine

Event for a fireworks program in the

waters of Hempstead Harbor. This

regulation would establish 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

would preclude 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.

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

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

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 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 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).