[Federal Register Volume 59, Number 61 (Wednesday, March 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7550]


[[Page Unknown]]

[Federal Register: March 30, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

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: 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 Heritage of Pride Fireworks program. The 
event, sponsored by Heritage of Pride Incorporated, will take place 
from 9:30 p.m. until 11:30 p.m. on Saturday, June 25, and Sunday, June 
26, 1994. This safety zone is needed to protect the boating public from 
the hazards associated with fireworks exploding in the area.

DATES: Comments must be received on or before May 31, 1994.

ADDRESSES: Comments should be mailed to Captain of the Port, New York, 
Bldg. 108, Governors Island, New York 10004-5096, or may be delivered 
to the Waterways Management Branch, Bldg. 108, between 8 a.m. and 4:30 
p.m., Monday through Friday, except Federal holidays.
    Any person wishing to visit the office must contact the Waterways 
Management Branch at (212) 668-7933 to obtain advance clearance due to 
the fact that Governors Island is a military installation with limited 
access.

FOR FURTHER INFORMATION CONTACT:
LT. R. Trabocchi, Project Manager, Captain of the Port, New York (212) 
668-7933.

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 notice (CGD01-94-001) and the specific section of the 
proposal to which their comments apply, and give reasons for each 
comment. Persons wanting acknowledgment of receipt of comments should 
enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing; however, a public hearing may 
be requested by writing to the Project Manager at the address under 
``ADDRESSES''. If it is determined 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.

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.

Background and Purpose

    On December 27, 1993, Heritage of Pride Incorporated submitted a 
request to hold a fireworks program in the Hudson River, in the 
vicinity of Pier 45, Manhattan, New York. This proposed safety zone is 
needed to protect boaters from the hazards associated with the 
fireworks exploding in the area.

Discussion of Proposed Amendments

    The Coast Guard proposes to establish a temporary safety zone that 
will include all waters 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 in the Hudson River. This proposed safety zone will be in 
effect from 9:30 p.m. until 11:30 p.m. on June 25, and June 26, 1994. 
This proposed safety zone is needed to protect the boating public from 
the hazards that accompany a fireworks program. No vessel will be 
permitted to enter or move within this area unless authorized by the 
Coast Guard Captain of the Port, New York.

Regulatory Evaluation

    This proposal is not considered a significant regulatory action 
under Executive Order 12866 and is not significant under Department of 
Transportation Regulatory Policies and Procedures (44 FR 11034; 
February 26, 1979). Though there is a regular flow of traffic through 
this area, there is not likely to be a significant impact on business, 
recreational, or commercial traffic for several reasons. Due to the 
limited duration of the event, the late hour of the event, the 
extensive advisories that will be made to the affected maritime 
community, and that traffic can safely transit to the west of this 
safety zone 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 proposal 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 given 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 proposal, if adopted, will 
not have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This proposal 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 proposal does not raise sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of these 
regulations 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 this 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.

Proposed Regulations

    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), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A temporary Sec. 165.T01-001 will be added to read as follows:


Sec. 165.T01-001  Heritage of Pride Fireworks, Hudson River, New York 
and New Jersey.

    (a) Location. The safety zone will include all waters 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 in the Hudson River.
    (b) Effective period. This section will be effective from 9:30 p.m. 
until 11:30 p.m. on June 25, and June 26, 1994.
    (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. Coast Guard 
Auxiliary members may be present to inform vessel operators of this 
regulation and other applicable laws.

    Dated: March 2, 1994.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 94-7550 Filed 3-29-94; 8:45 am]
BILLING CODE 4910-14-M