99-3513. Safety Zone: Shlofmitz BatMitzvah Fireworks, Hudson River, Manhattan, New York  

  • [Federal Register Volume 64, Number 29 (Friday, February 12, 1999)]
    [Rules and Regulations]
    [Pages 7089-7090]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-3513]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    
    33 CFR Part 165
    
    [CGD01-99-001]
    RIN 2115-AA97
    
    
    Safety Zone: Shlofmitz BatMitzvah Fireworks, Hudson River, 
    Manhattan, New York
    
    AGENCY: Coast Guard, DOT.
    
    ACTION: Temporary final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Coast Guard is establishing a temporary safety zone for 
    the Schlofmitz BatMitzvah Fireworks program located on the Hudson 
    River, Manhattan, New York. 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: This rule is effective from 8:00 p.m. until 9:30 p.m., on 
    Saturday, March 20, 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.P. Lopez, Waterways 
    Oversight Branch, Coast Guard Activities New York, at (718) 354-4193.
    
    SUPPLEMENTARY INFORMATION: 
    
    Regulatory History
    
        Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
    was not published for this regulation. Good cause exists for not 
    publishing an NPRM and for making this regulation effective less than 
    30 days after Federal Register publication. Due to the date the 
    Application for Approval of Marine Event was received, there was 
    insufficient time to draft and publish an NPRM. Any delay encountered 
    in this regulation's effective date would be contrary to public 
    interest since immediate action is needed to close a portion of the 
    waterway and protect the maritime public from the hazards associated 
    with this fireworks display.
    
    Background and Purpose
    
        On January 8, 1999, Bay Fireworks submitted an application to hold 
    a fireworks program on the waters of the Hudson River. The fireworks 
    program is being sponsored by Dr. Richard Shlofmitz. This regulation 
    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.44'49''N 074 deg.01'02''W (NAD 1983), approximately 500 yards 
    west of Pier 60, Manhattan, New York. The safety zone is in effect from 
    8:00 p.m. until 9:30 p.m. on Saturday, March 20, 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 eastern 150 
    yards of the 850-yard wide Hudson River during the event. The Captain 
    of the Port does not anticipate any negative impact on commercial 
    traffic due to this event. Additionally, vessels are not precluded from 
    mooring at or getting underway from Piers 59-62 or from the Piers at 
    Castle Point, New Jersey. Public notifications will be made prior to 
    the event via local notice to mariners, and marine information 
    broadcasts.
    
    Regulatory Evaluation
    
        This 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 final rule to be so minimal that a full Regulatory 
    Evaluation under paragraph 10e of the regulatory policies and 
    procedures of DOT is unnecessary. This funding is based on the minimal 
    time that vessels will be restricted from the area, that vessels are 
    not precluded from getting underway, or mooring at, Piers 59-62 and the 
    Piers at Castle Point, New Jersey, that vessels may safely transit to 
    the east of the zone, and extensive advance notifications which will be 
    made.
    
    Small Entities
    
        Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
    Coast Guard considered whether this 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 above, the Coast 
    Guard certifies under section 605(b) of the Regulatory Flexibility Act 
    (5 U.S.C. 601 et seq.) that this final rule will not have a significant 
    economic impact on a substantial number of small entities.
    
    Collection of Information
    
        This 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 final rule under the principles 
    and criteria contained in Executive Order 12612 and has determined that 
    this final rule does not have sufficient implications for federalism to 
    warrant the preparation of a Federalism Assessment.
    
    Unfunded Mandates
    
        Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the 
    Coast Guard must consider whether this rule will result in an annual
    
    [[Page 7090]]
    
    expenditure by state, local, and tribal governments, in the aggregate 
    of $100 million (adjusted annually for inflation). If so, the Act 
    requires that a reasonable number of regulatory alternatives be 
    considered, and that from those alternatives, the least costly, most 
    cost-effective, or least burdensome alternative that achieves the 
    objective of the rule be selected. No state, local, or tribal 
    government entities will be effected by this rule, so this rule will 
    not result in annual or aggregate costs of $100 million or more. 
    Therefore, the Coast Guard is exempt from any further regulatory 
    requirements under the Unfunded Mandates Act.
    
    Environment
    
        The Coast Guard has considered the environmental impact of this 
    final rule and concluded that under Figure 2-1, paragraph 34(g), of 
    Commandant Instruction M16475.1C, this final 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.
    
    List of Subjects in 33 CFR Part 165
    
        Harbors, Marine safety, Navigation (water), Reporting 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]
    
        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. Add temporary Sec. 165.T01-001 to read as follows:
    
    
    Sec. 165.T01-001  Safety Zone: Shlofmitz Batmitzvah Fireworks, Hudson 
    River, Manhattan, 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.44'49''N 074 deg.01'02''W (NAD 1983), 
    approximately 500 yards west of Pier 60, Manhattan, New York.
        (b) Effective period. This section is effective from 8:00 p.m. 
    until 9:30 p.m. on Saturday, March 20, 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. 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: January 27, 1999.
    R.E. Bennis,
    Captain, U.S. Coast Guard,
    Captain of the Port, New York.
    [FR Doc. 99-3513 Filed 2-11-99; 8:45 am]
    BILLING CODE 4910-15-M
    
    
    

Document Information

Effective Date:
3/20/1999
Published:
02/12/1999
Department:
Coast Guard
Entry Type:
Rule
Action:
Temporary final rule.
Document Number:
99-3513
Dates:
This rule is effective from 8:00 p.m. until 9:30 p.m., on Saturday, March 20, 1999. There is no rain date for this event.
Pages:
7089-7090 (2 pages)
Docket Numbers:
CGD01-99-001
RINs:
2115-AA97: Safety/Security Zone Regulations
RIN Links:
https://www.federalregister.gov/regulations/2115-AA97/safety-security-zone-regulations
PDF File:
99-3513.pdf
CFR: (1)
33 CFR 165.T01-001