[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Proposed Rules]
[Pages 15101-15102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6949]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-95-003]
RIN 2115-AA97
Safety Zone: Heritage of Pride Fireworks Display, Hudson River,
New York
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a permanent safety zone
for the annual Heritage of Pride fireworks display located in the
Hudson River, New York. This safety zone would in effect annually on
the last Sunday in June from 9:30 p.m. until 11:30 p.m, unless extended
or terminated sooner by the Captain of the Port, New York. The safety
zone would close all waters of the Hudson River within a 300 yard
radius from the center of the fireworks platform located 330 yards off
the Manhattan pierhead line between Pier 45 and Pier 49.
DATES: Comments must be received on or before May 22, 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 Planning and Readiness Division, 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, 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 (CGD01-95-003) and the specific section
of the proposal to which their comments apply, and give reasons for
each comment. Persons wanting acknowledgment of receipt of comments
should enclose a stamped, self-addressed postcard or envelope.
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, Heritage of Pride Inc., has submitted
an Application for Approval of Marine Event for a fireworks program in
the waters of the Hudson River. This regulation would establish a
safety zone in the waters of the Hudson River on the last Sunday in
June from 9:30 p.m. until 11:30 p.m., unless extended or terminated
sooner by the Captain of the Port New York. This safety zone would
preclude all vessels from transiting within a 300 yard radius of the
fireworks platform anchored 330 yards off the Manhattan pierhead line
between Pier 45 and Pier 49. 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 [[Page 15102]] Information
Broadcasters 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 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
proposal 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 would close a portion of the Hudson River
to all vessel traffic annually on the last Sunday in June between 9:30
p.m. and 11:30 p.m., 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 made; that traffic can safely transit to the
west of this safety zone; 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
Cost 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, 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.
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 165.170 is added to read as follows:
Sec. 165.170 Safety Zone; Heritage of Pride Fireworks Display, Hudson
River, New York.
(a) Location. All waters south of the Hudson River within a 300
yard radius from the center of a fireworks platform anchored 330 yards
off the Manhattan pierhead line between Pier 45 and Pier 49.
(b) Effective period. This section is in effect annually on the
last Sunday in June from 9:30 p.m. until 11:30 p.m., 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 8, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-6949 Filed 3-21-95; 8:45 am]
BILLING CODE 4910-14-M
