Safety Zone; South Street Seaport, New Year's Eve Fireworks, East River, NY

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-94-153]

RIN 2115-AA97

Safety Zone; South Street Seaport, New Year's Eve Fireworks, East

River, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for

the South Street Seaport, New Year's Eve Fireworks display in the East

River, New York, on December 31, 1994, to protect the boating public

from the hazards associated with fireworks exploding in the area. This

event, sponsored by South Street Seaport, Inc., will take place from

11:30 p.m. on December 31, 1994, to 12:45 a.m. on January 1, 1995,

unless extended or terminated sooner by the Captain of the Port, New

York. This regulation will temporarily 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. This safety zone will preclude all

vessels from transiting this portion of the East River.

EFFECTIVE DATES: This rule is effective from 11:30 p.m. on December 31,

1994, to 12:45 a.m. on January 1, 1995, unless extended or terminated

sooner by the Captain of the Port, New York.

FOR FURTHER INFORMATION CONTACT: Lieutenant R. Trabocchi, Planning and

Readiness Division Officer, Coast Guard Group New York (212) 668-7934.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this notice are LT R. Trabocchi, Project Manager,

Captain of the Port, New York and LCDR J. D. Steib, Project Attorney,

First Coast Guard District, Legal Office.

Regulatory History

On November 8, 1994, the Coast Guard published a noticed of

proposed rulemaking (NPRM) in the Federal Register (59 FR 55603)

concerning this regulatory action. Interested persons were requested to

submit comments on or before December 8, 1994. No comments were

received. A public hearing was not requested and one was not held. The

Captain of the Port, New York, is promulgating this temporary final

rule as proposed. Good cause exists for making this rule effective less

than 30 days after Federal Register publication. Due to the length of

the comment period deemed necessary to provide the public with adequate

notice, there is insufficient time to publish this rule 30 days before

the event. Making this rule effective in less than 30 days after

publication is in the public interest as any delay would effectively

cause cancellation of the event.

Background and Purpose

South Street Seaport, Inc., submitted an application to hold a

fireworks program in the waters of the East River on December 31, 1994.

Following the notice and comment period described above, the Captain of

the Port, New York, now promulgates this temporary final rule as

proposed and establishes a safety zone for the annual event known as

the ``South Street Seaport New Year's Eve Fireworks'', in the waters of

the East River.

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 will close a

portion of the East River to all vessel traffic between 11:30 p.m. on

December 31, 1994, and 12:45 a.m. on January 1, 1995, unless extended

or terminated sooner by the Captain of the Port, New York. Although

this regulation will prevent 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 minimal traffic expected

due to the late hour of the event and winter season; the extensive

advance advisories that will be made to the maritime community to allow

for the scheduling of transits before and after the event; and that

pleasure craft and some commercial vessels can take an alternate route

via the Hudson and Harlem Rivers, the Coast Guard expects the economic

impac 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 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, 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.

Final Regulations

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.

2. A temporary Sec. 165.T01-153 is added to read as follows:

Sec. 165.T01-153 Safety Zone; South Street Seaport, New Year's Eve

Fireworks, East River, NY.

(a) Location. All waters of the East River, New York, 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 effective from 11:30 p.m. on

December 31, 1994, to 12:45 a.m. on January 1, 1995, unless extended or

terminated sooner by the Coast Guard, Captain of the Port, New York.

(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: December 15, 1994.

T.H. Gilmour,

Captain, U.S. Coast Guard, Captain of the Port, New York.

[FR Doc. 94-31628 Filed 12-22-94; 8:45 am]

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