[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14880]
[[Page Unknown]]
[Federal Register: June 20, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-94-001]
RIN 2115-AA97
Safety Zone; Heritage of Pride Fireworks Display, Hudson River,
NY and NJ
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Hudson River for the Heritage of Pride Fireworks program. This event
will take place from 9:30 p.m. until 11:30 p.m. on Saturday, June 25,
and Sunday, June 26, 1994, and will close all waters of the Hudson
River within a 300 yard radius from the center of two fireworks barges
anchored together 200 yards north of Pier 45, Manhattan, at a point
approximately 1000 feet off the Manhattan shoreline. This safety zone
will preclude vessel traffic from transiting a portion of the Hudson
River and is needed to protect the boating public from the hazards
associated with fireworks exploding in the area.
EFFECTIVE DATE: This rule is effective from 9:30 p.m. until 11:30 p.m.
on Saturday, June 25, and Sunday, June 26, 1994, unless terminated
sooner by the Captain of the Port, New York.
FOR FURTHER INFORMATION CONTACT:
LT. R. Trabocchi, Project Manager, Captain of the Port, New York (212)
668-7933.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this notice are LT R. Trabocchi, Project Manager,
Captain of the Port, New York, and CDR J. Astley, Project Attorney,
First Coast Guard District, Legal Office.
Regulatory History
On March 30, 1994, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register (59 FR 14815) concerning this
regulation. Interested persons were requested to submit comments by May
31, 1994. No comments were received. A public hearing was not requested
during this comment period and one was not held. The Captain of the
Port, New York is promulgating the temporary final rule as proposed.
Good cause exists for making this rule effective less than 30 days
after Federal Register publication. Due to the length of the comment
period deemed necessary to provide the public with adequate notice,
there is insufficient time to publish this rule 30 days before the
event. Making this rule effective in less than 30 days after
publication is in the public interest as any delay would effectively
cause cancellation of the event.
Background and Purpose
On December 27, 1993, Heritage of Pride Incorporated submitted a
request to hold a fireworks program in the Hudson River, New York.
following the notice and comment period described above, the Captain of
the Port, New York now promulgates this temporary final rule as
proposed. The purpose of this regulation is to establish a safety zone
in all waters of the Hudson River within a 300 yard radius from the
center of two fireworks barges anchored together 200 yards north of
Pier 45, Manhattan, at a point approximately 1000 feet off the
Manhattan shoreline at or near 40 deg.44'07''N latitude and
074 deg.01'03''W longitude. This safety zone will preclude vessel
traffic from transiting this small portion of the Hudson River and is
needed to protect the boating public from the hazards associated with
fireworks exploding in the area.
Regulatory Evaluation
This regulation is not a significant regulatory action under
section 3(f) of the 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 regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of DOT is unnecessary. Although there is a regular flow
of traffic through this area, there is not likely to be a significant
impact on recreational or commercial traffic for several reasons. Due
to the limited duration of the event, that the event is at a late hour,
that extensive, advance advisories will be made to the maritime
community so that mariners' plans may be adjusted accordingly, and that
traffic can safely transit to the west of this safety zone, the impact
of this regulation is expected to be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this regulation 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 regulation to be minimal. The Coast
Guard certifies under 5 U.S.C. 605(b) that this regulation will not
have a significant economic impact on a substantial number of small
entities
Collection of Information
This regulation 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 regulation 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
regulation and concluded that under section 2.B.2.c. of Commandant
Instruction M16475.1B, it is an action under the Coast Guard's
statutory authority to promote maritime safety and protect the
environment, and thus is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination will
be included in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulations
For reasons set out 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. A temporary Sec. 165.T01-001, is added to read as follows:
Sec. 165.T01-001 Heritage of Pride Fireworks, Hudson River, New York
and New Jersey.
(a) Location. This safety zone will include all waters of the
Hudson River within a 300 yard radius from the center of two fireworks
barges anchored together 200 yards north of Pier 45, Manhattan, at a
point approximately 1000 feet off the Manhattan shoreline at or near
40 deg.44'07'' N latitude and 074 deg. 01'03'' W longitude.
(b) Effective period. This section is effective from 9:30 p.m.
until 11:30 p.m. on Saturday, June 25, and Sunday, June 26, 1994.
(c) Regulations. (1) The general regulations contained in 33 C.F.R.
Section 165.23 apply to this safety zone.
(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: June 7, 1994.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 94-14880 Filed 6-17-94; 8:45 am]
BILLING CODE 4910-14-M
