[Federal Register Volume 64, Number 89 (Monday, May 10, 1999)]
[Proposed Rules]
[Pages 24985-24987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11688]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-037]
RIN 2121-AA98
Safety Zone: PricewaterhouseCooper LLP Fireworks, Hudson River,
Manhattan, NY
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 PricewaterhouseCooper 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 be received on or before June 9, 1999.
ADDRESSES: Comments may be mailed to the Waterways Oversight Branch
(CGD01-99-037), 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 (CGD01-99-037) 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 should enclose stamped, self-addressed postcards or
envelope.
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 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. The
proposed safety zone would be effective on Friday, June 25, 1999, from
8:30 p.m. until 10 p.m. There is no rain date for this event. The
proposed 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. 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 information broadcasts. The
Coast Guard is limiting the comment period for this NPRM to 30 days
because the proposed safety zone is only for one and a half hour long
local event and should have negligible impact on vessel transits. There
is also insufficient time to publish a Temporary final rule 30 days
before the event and provide a 60 day comment period.
Discussion of Proposed Rule
The proposed safety zone is for the PricewaterhouseCooper LLP
Fireworks
[[Page 24986]]
held on the Hudson River at Pier 60, Chelsea Piers, Manhattan, New
York. This event will be held on Friday, June 25, 1999. 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 bee reviewed by the Office of management and
Budget under the 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 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 59--62 and the Piers at Castle Point, New Jersey,
that vessels may safely transit to the east of the zone, 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 government jurisdiction with population
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
Tile 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 of 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 does 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
proposed 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.
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 proposed rule and reached the following
conclusions:
E.O. 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights. This proposed 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
proposed 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 proposed 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 proposed 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.
Proposed Regulation
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),
6.04-6, 160.5; 49 CFR 1.46. Section 165.100 is also issued under
authority of Sec. 311, Pub. L. 105-383.
2. Add temporary Sec. 165.T01-037 to read as follows:
Sec. 165.T01-037 Safety Zone: PricewaterhouseCooper LLP Fireworks,
Hudson River, Manhattan, New York
(a) Location. The following area is a safety zone: All waters of
the Hudson River within a 360-year 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 on Friday, June 25,
1999, from 8:30 p.m. until 10 p.m. 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
[[Page 24987]]
means, the operator of a vessel shall proceed as directed.
Dated: April 27, 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-11688 Filed 5-7-99; 8:45 am]
BILLING CODE 4910-15-M
