[Federal Register Volume 64, Number 209 (Friday, October 29, 1999)]
[Proposed Rules]
[Pages 58366-58368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28381]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-180]
RIN 2115-AA97
Safety Zone: Ambassador Construction Fireworks, Hudson River,
Anchorage Channel
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the Hudson River for the Ambassador Construction Fireworks display.
This action is necessary to provide for the safety of life on navigable
waters during the event. This action is intended to restrict vessel
traffic on a portion of the Hudson River.
DATES: Comments must reach the Coast Guard on or before November 29,
1999.
ADDRESSES: Comments may be mailed to the Waterways Oversight Branch
(CGD01-99-180), Coast Guard Activities New York, 212 Coast Guard Drive,
Staten Island, New York 10305, or deliver them to room 205 at the same
address between 8 a.m. and 3 p.m., Monday through Friday, except
federal holidays.
The Waterways Oversight Branch of Coast Guard Activities New York
maintains the public docket for this rulemaking. Comments, and
documents as indicated in this preamble, will become part of this
docket and will be available for inspection or copying at room 205,
Coast Guard Activities New York, between 8 a.m. and 3 p.m., Monday
through Friday, except federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways
Oversight Branch, Coast Guard Activities New York (718) 354-4193.
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 rulemaking (CGD01-99-180) and the specific section of
this document to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments
[[Page 58367]]
should enclose stamped, self-addressed postcards or envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposed rule in view of the
comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Waterways Oversight Branch at the
address under ADDRESSES. The request should include the reasons why a
hearing would be beneficial. If it determines 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.
Background and Purpose
Bay Fireworks has submitted an Application for Approval of a Marine
Event for a fireworks display on the Hudson River. This proposed
regulation establishes a temporary safety zone in all waters of the
Hudson River and Anchorage Channel within a 360-yard radius of the
fireworks barge in approximate position 40 deg.42'00'' N
074 deg.01'17'' W (NAD 1983), about 340 yards south of The Battery,
Manhattan, New York. The proposed safety zone would be effective from
8:30 p.m. until 10 p.m. on December 17, 1999. There is no rain date for
this event. The proposed safety zone prevents vessels from transiting a
portion of the Hudson River and Anchorage Channel, 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 780 yards of the 1400-yard wide Hudson River, the
eastern 300 yards of the 730-yard wide Anchorage Channel, and the East
River during the event. The Captain of the Port does not anticipate any
negative impact on vessel traffic due to this event. Public
notifications will be made prior to the event via local notice to
mariners, and marine information broadcasts. The Coast Guard is
limiting the comment period for this NPRM to 30 days because the
proposed safety zone is only for a one and a half hour long local event
and it should have negligible impact on vessel transits. The Coast
Guard expects to receive no comments on this NPRM due to the limited
duration of the event and the fact that it should not interfere with
vessel transits.
Discussion of Proposed Rule
The proposed safety zone is for the Ambassador Construction
Fireworks display held on the Hudson River at The Battery, Manhattan,
New York. This event will be held on Friday, December 17, 1999. There
is no rain date for this event. This rule is being proposed to provide
for the safety of life on navigable waters during the event and to give
the marine community the opportunity to comment on this event.
Regulatory Evaluation
This proposed 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 proposed rule to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary. Although this regulation prevents
traffic from transiting a portion of the Lower Hudson River and
Anchorage Channel during the event, the effect of this regulation will
not be significant for several reasons: the minimal time that vessels
will be restricted from the area, that vessels are not precluded from
getting underway, or mooring at, piers at The Battery, Manhattan, that
vessels may safely transit through the Hudson River and Anchorage
Channel during the event, and advance notifications which will be made
to the local maritime community by the Local Notice to Mariners, and
marine information broadcasts.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposed rule, if adopted, 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 stated in the Regulatory Evaluation section above, the
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule, if
adopted, will not have a significant economic impact on a substantial
number of small entities. If, however, you think that your business or
organization qualifies as a small entity and that this proposed rule
will have a significant economic impact on your business or
organization, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and in what way and to what degree this proposed
rule will economically affect it.
Collection of Information
This proposed 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 proposed rule under the
principles and criteria contained in Executive Order 12612 and has
determined that this proposed 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
proposed rule would not impose Federal mandates on any State, local, or
tribal governments, or the private sector.
Environment
The Coast Guard has considered the environmental impact of this
proposed 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 written Categorical
Exclusion Determination is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulation
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR Part 165 as follows:
[[Page 58368]]
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, 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T01-180 to read as follows:
Sec. 165.T01-180 Safety Zone: Ambassador Construction Fireworks,
Hudson River, Anchorage Channel.
(a) Location. The following area is a safety zone: All waters of
the Hudson River and Anchorage Channel within a 360-yard radius of the
fireworks barge in approximate position 40 deg.42'00'' N
074 deg.01'17'' W (NAD 1983), about 340 yards south of The Battery,
Manhattan, New York.
(b) Effective Period. This section is effective from 8:30 p.m. to
10 p.m. on December 17, 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.
Dated: October 21, 1999.
R. E. Bennis,
Captain, U. S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-28381 Filed 10-28-99; 8:45 am]
BILLING CODE 4910-15-U
