[Federal Register Volume 64, Number 89 (Monday, May 10, 1999)]
[Proposed Rules]
[Pages 24983-24985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11689]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-041]
RIN 2121-AA98
Safety Zone: Hastings-on-Hudson Fireworks, 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 temporary safety zone
in the Hudson River for the Hastings-on-Hudson 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 in 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
(CGD01-99-041), 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 (CGD01-99-041) 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
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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
Fireworks by Grucci has submitted an Application for Approval of a
Marine Event for a fireworks display in 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.59'44.5''N 073 deg.53'25''W (NAD 1983),
approximately 335 yards west of Hastings-on-Hudson, New York, and
approximately 500 yards west of City Hall. The proposed safety zone is
effective from 8:30 p.m. until 10 p.m. on July 3, 1999. If the event is
cancelled due to inclement weather, then this event will be held from
8:30 p.m. until 10 p.m. on July 5, 1999. 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. Marine traffic will still be able to
transit through the western 750 yards of the 1,350-yard wide river. The
Captain of the Port does not anticipate any negative impact on the
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. 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 Hastings-on-Hudson Fireworks
display held in the Hudson River, New York. This event will be held on
Saturday, July 3, 1999. If the event is cancelled due to inclement
weather, then the event will be held on July 5, 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 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 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 may safely transit to the west 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 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 (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 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
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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 the 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.T01-041 to read as follows:
Sec. 165.T01-041 Safety Zone: Hastings-on-Hudson 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.59'44.5''N 073 deg.53'25''W (NAD 1983),
approximately 335 yards west of Hastings-on-Hudson, New York and
approximately 500 yards west of City Hall.
(b) Effective period. This section is effective from 8:30 p.m.
until 10 p.m. on July 3, 1999. If the event is cancelled due to
inclement weather, then this section is effective from 8:30 p.m. until
10 p.m. on July 5, 1999.
(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: April 27, 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-11689 Filed 5-7-99; 8:45 am]
BILLING CODE 4910-15-M
