[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: 94-14872]


[[Page Unknown]]

[Federal Register: June 20, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-94-061]
RIN 2115-AA97

 

Safety Zone; City of Yonkers, Fourth of July Fireworks, 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 for 
the City of Yonkers Fourth of July fireworks program located northwest 
of Yonkers Municipal Pier in the Hudson River. This event will take 
place on July 4, 1994, from 9 p.m. until 10:30 p.m. with a rain date of 
July 5, 1994, from 9 p.m. until 10:30 p.m., and will temporarily close 
all waters of the Hudson River within a 300 yard radius of two 
fireworks barges anchored together approximately 350 yards northwest of 
Yonkers Municipal Pier in Yonkers, New York. This safety zone will 
preclude all vessels from transiting this portion of the Hudson River, 
and is needed to protect the boating public from the hazards associated 
with fireworks exploding in the area.

EFFECTIVE DATES: This rule is effective from 9 p.m. until 10:30 p.m. on 
July 4, 1994 with a rain date of July 5, 1994 from 9 p.m. until 10:30 
p.m., 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

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking was not 
published for this regulation and good cause exists for making it 
effective less than 30 days after Federal Register publication. Due to 
the date this application was received, there was insufficient time to 
draft and publish a notice of proposed rulemaking that allows for a 
reasonable comment period prior to the event. There was also 
insufficient time for publication of this temporary final rule 30 days 
prior to the event. The delay encountered if normal rulemaking 
procedures were followed would effectively cancel this event. 
Cancellation of this event is contrary to public interest.

Background and Purpose

    The City of Yonkers submitted an application to hold a fireworks 
program in the Hudson River. This regulation establishes a temporary 
safety zone in all waters of the Hudson River within a 300 yard radius 
of two fireworks barges anchored together approximately 350 yards 
northwest of Yonkers Municipal Pier in Yonkers, New York at or near 
40 deg.56'14'' N latitude, 73 deg.54'28'' W longitude. This safety zone 
will preclude all vessels from transiting this portion of the Hudson 
River and is needed to protect boaters 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. Although this regulation will 
prevent traffic from transiting a portion of the Hudson River, the 
effect of this regulation will not be significant for several reasons. 
Due to the fact that the event is limited in duration, that the event 
is at a late hour, that extensive, advance advisories will be made to 
the maritime community, and that vessels may safely transit to the west 
of the 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 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 thus is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination is 
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.T01-061 is added to read as follows:


Sec. 165.T01-061  City of Yonkers Fourth of July Fireworks, Hudson 
River, New York and New Jersey.

    (a) Location. All waters of the Hudson River within a 300 yard 
radius of two fireworks barges anchored together approximately 350 
yards northwest of Yonkers Municipal Pier in Yonkers, New York, at or 
near 40 deg.56'14'' N latitude, 73 deg.54'28'' W longitude.
    (b) Effective period. This section is effective from 9 p.m. until 
10:30 p.m. on July 4, 1994, with a rain date of July 5, 1994 from 9 
p.m. until 10:30 p.m., unless terminated sooner by the Captain of the 
Port, New York.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 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. 94-14872 Filed 6-17-94; 8:45 am]
BILLING CODE 4910-14-M