[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Proposed Rules]
[Pages 15101-15102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6949]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-95-003]
RIN 2115-AA97


Safety Zone: Heritage of Pride Fireworks Display, Hudson River, 
New York

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent safety zone 
for the annual Heritage of Pride fireworks display located in the 
Hudson River, New York. This safety zone would 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 would close all waters of the Hudson River within a 300 yard 
radius from the center of the fireworks platform located 330 yards off 
the Manhattan pierhead line between Pier 45 and Pier 49.

DATES: Comments must be received on or before May 22, 1995.

ADDRESSES: Comments should be mailed to U.S. Coast Guard Group, New 
York, Bldg. 108, Governors Island, New York 10004-5096, or may be 
delivered to the Planning and Readiness Division, Bldg. 108, between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays. Any 
person wishing to visit the office must contact the Maritime Planning 
Staff at (212) 668-7934 to obtain advance clearance due to the fact 
that Governors Island is a military installation with limited access.

FOR FURTHER INFORMATION CONTACT:Lieutenant (Junior Grade) K. Messenger, 
Maritime Planning Staff, Coast Guard Group, New York (212) 668-7934.

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 (CGD01-95-003) 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, persons may request a 
public hearing by writing to the Maritime Planning Staff 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 LTJG K. Messenger, Project Manager, 
Captain of the Port, New York and LCDR J. Stieb, Project Attorney, 
First Coast Guard District, Legal Office.

Background and Purpose

    For the last several years, Heritage of Pride Inc., has submitted 
an Application for Approval of Marine Event for a fireworks program in 
the waters of the Hudson River. This regulation would establish a 
safety zone in the waters of the Hudson River 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. This safety zone would 
preclude all vessels from transiting within a 300 yard radius of the 
fireworks platform anchored 330 yards off the Manhattan pierhead line 
between Pier 45 and Pier 49. It is needed to protect mariners from the 
hazards associated with fireworks exploding in the area.
    This permanent regulation would provide notice to mariners that 
this event occurs annually at the same location, on the same day and 
time, allowing them to plan transits accordingly. This regulation will 
be announced annually via Safety marine [[Page 15102]] Information 
Broadcasters and by locally issued notices.

Regulatory Evaluation

    This proposal 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 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. This safety zone would close a portion of the Hudson River 
to all vessel traffic annually on the last Sunday in June between 9:30 
p.m. and 11:30 p.m., unless extended or terminated sooner by the 
Captain of the Port New York. Although this regulation would prevent 
traffic from transiting this area, the effect of this regulation would 
not be significant for several reasons. Due to 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, 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 
Cost 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 set forth in the above Regulatory 
Evaluation, the Coast Guard expects the impact of this proposal to be 
minimal. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposal 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 this 
proposal and concluded that under section 2.B.2.e. of Commandant 
Instruction M16475.1B, it 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.

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. 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 south of the Hudson River within a 300 
yard radius from the center of a fireworks platform anchored 330 yards 
off 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: March 8, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-6949 Filed 3-21-95; 8:45 am]
BILLING CODE 4910-14-M