[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