[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33672-33673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16600]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-96-047]
RIN 2115-AA97
Safety Zone: Heritage of Pride Fireworks Display, Hudson River,
NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Heritage of Pride fireworks display located on the Hudson River,
NY. The safety zone is in effect from 9:30 p.m. until 11:30 p.m. on
Sunday, June 30, 1996. The safety zone temporarily closes all waters of
the Hudson River within a 300 yard radius of a fireworks barge anchored
approximately 330 yards west of the Manhattan pierhead line between
Pier 32 and Pier 26.
EFFECTIVE DATE: This rule is effective from 9:30 p.m. until 11:30 p.m.
on Sunday, June 30, 1996, unless extended or terminated sooner by the
Captain of the Port, New York.
FOR FURTHER INFORMATION CONTACT:
Lieutenant J. W. Green, Waterways Oversight Branch, Coast Guard
Activities New York, at (212) 668-7906.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation. Good cause exists for not
publishing an NPRM and for making this regulation effective less than
30 days after Federal Register
[[Page 33673]]
publication. Due to the date on which complete information regarding
this event was received, there was insufficient time to draft and
publish an NPRM. Any delay encountered in this regulation's effective
date would be contrary to public interest since immediate action is
needed to protect the maritime public from the hazards associated with
fireworks exploding from a barge on the waters on the Hudson River.
Background and Purpose
Heritage of Pride Inc., submitted an Application for Approval of
Marine Event to hold a fireworks program on the Hudson River. This
regulation establishes a temporary safety zone in all waters of the
Hudson River within a 300 yard radius of the fireworks barge anchored
approximately 330 yards west of the Manhattan pierhead line between
pier 32 and pier 26. The safety zone is in effect from 9:30 p.m. until
11:30 p.m. on June 30, 1996, unless extended or terminated sooner by
the Captain of the Port, New York. The safety zone prevents vessels
from transiting this portion of the Hudson River and is needed to
protect mariners 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 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. This regulation closes a portion
of the Hudson River to vessel traffic from 9:30 p.m. until 11:30 p.m.
on June 30, 1996, unless extended or terminated sooner by the Captain
of the Port, New York. Although this regulation prevents traffic from
transiting this area on the eastern side of the Hudson River, the
effect of the regulation will not be significant for several reasons:
the duration of the event is limited; the event is at a later hour;
vessel traffic may safely pass to the west of this area; the advance
advisories which will be made; and that this event has been held
annually for the past several years between pier 45 and pier 49 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'' may include (1) small businesses and not-for-profit
organizations that are not independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For reasons set forth in the Regulatory Evaluation, 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.
Therefore, the Coast Guard finds that this rule 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 rule will have significant economic impact
on your business or organization, please submit a comment explaining
why you think it qualifies and in what way and to what degree this rule
will economically affect it.
Collection of Information
This regulation contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
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 have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environment impact of this
regulation and concluded that under section 2.B.2.e. (34)(g) of
Commandant Instruction M16475.1B (as revised by 59 FR 38654, July 29,
1994), the promulgation of this regulation is categorically excluded
from further environmental documentation. A Categorical Exclusion
Determination and Environmental Analysis Checklist are included in the
docket.
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. A temporary Sec. 165.T01-047, is added to read as follows:
Sec. 165.T01-047 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 the fireworks barge anchored approximately 330 yards west of
the Manhattan pierhead line between Pier 32 and Pier 26.
(b) Effective period. This section is effective from 9:30 p.m.
until 11:30 p.m. on June 30, 1996, unless extended or terminated sooner
by the Captain of the Port, New York.
(c) Regulations. (1) The general regulations contained in 33 CFR
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 18, 1996.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 96-16600 Filed 6-27-96; 8:45 am]
BILLING CODE 4910-14-M
