16820 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Proposed Rules

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, 56.04–6, and 160.5;

49 CFR 1.46.

2. Section 165.161 is added to read as

follows:

§ 165.161 Safety Zone; Annual ‘‘Fireworks

on the Navesink’’ Fireworks Display,

Navesink River, Red Bank, New Jersey.

(a) Location. All waters between the

north and south shores of the Navesink

River, including Red Bank Reach,

extending approximately 300 yards east

and 300 yards west of the fireworks

platform anchored off of Red Bank, New

Jersey, at or near 42°21′20′′ N latitude,

074°04′10′′ W. The safety zone is bound

by the following points: 40°21′15′′ N

latitude, 074°03′57′′ W longitude; to

40°21′43′′ N latitude, 074°03′57′′ W

longitude; and 40°21′20′′ N latitude,

074°04′25′′ W longitude; to 40°21′30′′ N

latitude, 074°04′25′′ W longitude.

(b) Effective period. This safety zone

is in effect annually on the third of July,

from 8 p.m. until 11 p.m., unless

extended or terminated sooner by the

Captain of the Port New York. If the

fireworks display is cancelled because

of bad weather, this section is in effect

on the fourth of July, at the same times,

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: March 17, 1995.

J. Rutkovsky,

Commander, U.S. Coast Guard, Captain of

the Port, New York, Acting.

[FR Doc. 95–8127 Filed 3–31–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–95–010]

RIN 2115–AA97

Safety Zone: Annual South Street

Seaport New Year’s Eve 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 New

Year’s Eve fireworks display located in

the East River, New York. The safety

zone would be in effect annually on

December 31 at 11:30 p.m. until 12:45

a.m. on January 1, 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 June 2, 1995.

ADDRESSES: Comments should be

mailed to the 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.

Persons submitting comments should

include their names and addresses,

identify this notice (CGD01–95–010)

and the specific section of the proposal

to which their comments apply, and

give reasons for each comment. Persons

wanting acknowledgment to receipt of

comments should enclose a stamped,

self-addressed postcard or envelop.

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 New Year’s Eve fireworks

program in the waters of the East River.

This regulation would establish a safety

zone annually in the waters of the East

River at 11:30 p.m. on December 31,

until 12:45 a.m. on January 1, 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 the

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
Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Proposed Rules 16821

procedures of DOT is unnecessary. This

safety zone would close a portion of the

East River to all vessel traffic annually

at 11:30 p.m. on December 31, until

12:45 a.m. on January 1, 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 make; 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 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 proposal

and concluded that under section

2.B.2.e. of Commandant Instruction

M16475.1B, as revised by 59 FR 38654,

July 29, 1994, it is categorically

excluded from further environmental

documentation. Appropriate

environmental analysis of the South

Street Seaport New Year’s Eve fireworks

will be conducted in conjunction with

the marine event permitting process

each year. Any environmental

documentation required under the

National Environmental Policy Act for

issuance of a marine event permit will

be completed prior to the event. 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 165.174 is added to read as

follows:

§ 165.174 Safety Zone: Annual South

Street Seaport New Year’s Eve 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 section is in

effect annually at 11:30 p.m. on

December 31, until 12:45 a.m. on

January 1, 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 C.F.R.

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: March 6, 1995.

T.H. Gilmour,

Captain, U.S. Coast Guard Captain of the

Port, New York.

[FR Doc. 95–8125 Filed 3–31–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–95–011]

RIN 2115–AA97

Safety Zone: Annual Rensselaer

Festival Fireworks Display, Hudson

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 Rensselaer Festival fireworks

display located in the Hudson River,

Rensselaer, New York. The safety zone

would be in effect annually on the third

Saturday in September from 8:30 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

Hudson River, shore to shore, north of

the 42°38′12′′ N line of latitude and

south of the Dunn Memorial Bridge,

Albany, New York.

DATES: Comments must be received on

or before June 2, 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.

Persons submitting comments should

include their names and addresses,

identify this notice (GCD01–95–011)

and the specific section of the proposal

to which their comments apply, and

give reasons for each comment. Persons