Ports and waterways safety: Hudson River, NY; safety zone,
[Federal Register: June 16, 1999 (Volume 64, Number 115)]
[Rules and Regulations]
[Page 32181-32183]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn99-5]
DEPARTMENT OF TRANSPORTATION
Coast Guard
[CGD01-99-056]
RIN 2115-AA97
Safety Zone: Heritage of Price Fireworks, Hudson River, New York
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is establishing a temporary safety zone for the Heritage of Pride Fireworks Display located on the Hudson River, New York. This zone is necessary to provide for the safety of life on navigable waters during the event. It is intended to restrict vessel traffic in a portion of the Hudson River.
DATES: This temporary final rule is effective from 9:30 p.m. until 11 p.m., on Sunday, June 27, 1999. There is no rain date for this event.
ADDRESSES: Documents as indicated in this preamble are available for inspection or copying at Coast Guard Activities New York, 212 Coast Guard Drive, room 205, Staten Island, New York 10305, between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is (718) 354-4193.
FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways Oversight Branch, Coast Guard Activities New York (718) 354-4193.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, no notice of proposed rulemaking (NPRM) was published for this temporary final rule. Because of the date the Application for Approval of Marine Event was received, there was insufficient time to draft and publish an NPRM and publish the rule
[[Page 32182]]
30 days before its effective date. Good cause exists for not publishing an NPRM and for making this rule effective less than 30 days after Federal Register publication. This event is being added to the First Coast Guard District's list of annual regulated fireworks displays in 33 CFR 100.114. The final rule for this list of events will not be effective before the date of this year's Heritage of Pride Fireworks display. Any delay encountered in this rule's effective date would be contrary to public interest since immediate action is needed to close the waterway and protect the maritime public from the hazards associated with this fireworks display.
Background and Purpose
The fireworks program is being sponsored by Heritage of Pride, Inc. This temporary final rule establishes a safety zone in all waters of the Hudson River within a 360-yard radius of the fireworks barge located in approximate position 40 deg.44'31'' N 074 deg.01'00'' W (NAD 1983), about 400 yards west of Pier 54, Manhattan, New York. The safety zone is in effect from 9:30 p.m. until 11 p.m. on Sunday, June 27, 1999. There is no rain date for this event. The safety zone prevents vessels from transiting a portion of the Hudson River, and is needed to protect boaters from the hazards associated with fireworks launched from a barge in the area. Marine traffic will still be able to transit through the western 175 yards of the 925-yard wide Hudson River during the event. The Captain of the Port does not anticipate any negative impact on marine traffic due to this event. Further, vessels are not precluded from mooring at or getting underway from Piers 53-57 or from the Piers at Castle Point, New Jersey. Public notifications will be made before the event by the Local Notice to Mariners and marine- information broadcasts.
Regulatory Evaluation
This temporary final rule 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 not been reviewed 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 rule to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. This finding is based on the minimal time that vessels will be restricted from the zone; on vessels' not being precluded from getting under way from, or mooring at, Piers 53-57 the piers at Castle Point, New Jersey; on marine traffic's being able safely to transit to the west of the zone; and on the making of advance notifications.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard considered whether this temporary final rule will have a significant economic impact on a substantial number of small entities. ``Small entities'' include small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.
For reasons discussed in the Regulatory Evaluation section above, the Coast Guard certifies under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule will not have a significant economic impact on a substantial number of small entities.
Collection of Information
This temporary final rule does not provide for a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this temporary final rule under the principles and criteria contained in Executive Order 12612 and has determined that this rule does not have sufficient implications for federalism to warrant the preparation of a Federalism Assessment.
Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub. L. 104-4, 109 Stat. 48] requires Federal agencies to assess the effects of certain regulatory actions on State, local, and tribal governments, and the private sector. UMRA requires a written statement of economic and regulatory alternatives for rules that contain Federal mandates. A Federal mandate is a new or additional enforceable duty imposed on any State, local, or tribal government, or the private sector. If any Federal mandate causes those entities to spend, in the aggregate, $100 million or more in any one year, the UMRA analysis is required. This temporary final rule does not impose Federal mandates on any State, local, or tribal governments, or the private sector.
Environment
The Coast Guard considered the environmental impact of this temporary final rule and concluded that under figure 2-1, paragraph 34(g), of Commandant Instruction M16475.1C, this rule is categorically excluded from further environmental documentation. A ``Categorical Exclusion Determination'' is available in the docket for inspection or copying where indicated under ADDRESSES.
Other Executive Orders on the Regulatory Process
In addition to the statutes and Executive Orders already addressed in this preamble, the Coast Guard considered the following executive orders in developing this temporary final rule and reached the following conclusions:
E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. This rule will not effect a taking of private property or otherwise have taking implications under this Order.
E.O. 12875, Enhancing the Intergovernmental Partnership. This rule will not impose, on any State, local, or tribal government, a mandate that is not required by statute and that is not funded by the Federal government.
E.O. 12988, Civil Justice Reform. This rule meets applicable standards in sections 3(a) and 3(b)(2) of this Order to minimize litigation, eliminate ambiguity, and reduce burden.
E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not concern an environmental risk to safety disproportionately affecting children.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and recordkeeping requirements, Security measures, Waterways.
Regulation
For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:
PART 165--[AMENDED]
-
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, 160.5; 49 CFR 1.46. Section 165.100 is also issued under authority of Sec. 311, Pub. L. 105-383.
-
Add temporary Sec. 165.T01-056 to read as follows:
[[Page 32183]]
Sec. 165.T01-056 Safety Zone: Heritage of Pride Fireworks, Hudson River, New York.
(a) Location: The following area is a safety zone: All waters of the Hudson River within a 360-yard radius of the fireworks barge in approximate position 40 deg.44'31'' N 074 deg.01'00'' W (NAD 1983), about 400 yards west of Pier 54, Manhattan, New York.
(b) Effective period. This section is effective from 9:30 p.m. until 11 p.m. on Sunday, June 27, 1999. There is no rain date for this event.
(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. These personnel comprise commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. R.E. Bennis, Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-15300Filed6-15-99; 8:45 am]
BILLING CODE 4910-15-M
