[Federal Register Volume 60, Number 123 (Tuesday, June 27, 1995)]
[Rules and Regulations]
[Pages 33118-33119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15753]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-95-003]
RIN 2115-AA97
Safety Zone: Heritage of Pride Fireworks Display, Hudson River,
NY
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent safety zone for
the annual Heritage of Pride fireworks display located on the Hudson
River, New York. The safety zone is in effect annually on the last
Sunday in June from 9:30 p.m. until 11:30 p.m. The safety zone
temporarily closes all waters of the Hudson River within a 300 yard
radius of the fireworks platform anchored approximately 330 yards west
of the Manhattan pierhead line between Pier 45 and Pier 49.
EFFECTIVE DATE: This rule is effective on June 25, 1995.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief,
Coast Guard Group New York (212) 668-7934.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this notice are LTJG K. Messenger, Project Manager,
Coast Guard Group New York and LCDR J. Stieb, Project Attorney, First
Coast Guard District, Legal Office.
Regulatory History
On March 22, 1995, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register (60 FR 15101). Interested
persons were requested to submit comments on or before May 22, 1995. No
comments were received. A public hearing was not requested and one was
not held. The Coast Guard is promulgating this final rule as proposed.
Due to the NPRM comment period deemed necessary to give adequate public
notice, there was insufficient time to publish this final rule 30 days
prior to the event. Good cause exists for making this rule effective
less than 30 days after publication. Adequate measures are being taken
to ensure mariners are made aware of this regulation. This rule will be
locally published in the First Coast Guard District's Local Notice to
Mariners and announced via Safety Marine Information Broadcasts.
Background and Purpose
For the last several years, Heritage of Pride Inc., has submitted
an application to hold a fireworks program on the Hudson River. This
regulation establishes a safety zone in the waters of the Hudson River
within a 300 yard radius of the fireworks platform anchored
approximately 330 yards west of the Manhattan pierhead line between
Pier 45 and Pier 49. The safety zone 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 safety zone
precludes all vessels from transiting this area of the Hudson River and
is needed to protect mariners from the hazards associated with
fireworks exploding in the area. The effective period of the safety
zone will be announced annually via Safety Marine Information
Broadcasts and locally issued notices.
Regulatory Evaluation
This regulation 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 regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of DOT is unnecessary. The safety zone closes a portion
of the Hudson River to all vessel traffic 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. Although this regulation
prevents traffic from transiting this area located on the eastern side
of the Hudson River, the effect of this regulation is not significant
for several reasons: 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. Accordingly, 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
Coast Guard must consider whether this regulation will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include [[Page 33119]] 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 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.e. of Commandant
Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, it is
categorically excluded from further environmental documentation. A
Categorical Exclusion Determination and Environmental Analysis
Checklist are included in the docket. An appropriate environmental
analysis of the fireworks program under the National Environmental
Policy Act will be conducted in conjunction with the marine event
permitting process each year.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final Regulation
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. 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 of the Hudson River within a 300 yard
radius of a fireworks platform anchored approximately 330 yards west of
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: June 5, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-15753 Filed 6-26-95; 8:45 am]
BILLING CODE 4910-14-M
