[Federal Register Volume 60, Number 123 (Tuesday, June 27, 1995)]
[Rules and Regulations]
[Pages 33118-33119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15753]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-95-003]
RIN 2115-AA97


Safety Zone: Heritage of Pride Fireworks Display, Hudson River, 
NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent safety zone for 
the annual Heritage of Pride fireworks display located on the Hudson 
River, New York. The safety zone is in effect annually on the last 
Sunday in June from 9:30 p.m. until 11:30 p.m. The safety zone 
temporarily closes all waters of the Hudson River within a 300 yard 
radius of the fireworks platform anchored approximately 330 yards west 
of the Manhattan pierhead line between Pier 45 and Pier 49.

EFFECTIVE DATE: This rule is effective on June 25, 1995.

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

SUPPLEMENTARY INFORMATION: 

Drafting Information

    The drafters of this notice are LTJG K. Messenger, Project Manager, 
Coast Guard Group New York and LCDR J. Stieb, Project Attorney, First 
Coast Guard District, Legal Office.

Regulatory History

    On March 22, 1995, the Coast Guard published a notice of proposed 
rulemaking (NPRM) in the Federal Register (60 FR 15101). Interested 
persons were requested to submit comments on or before May 22, 1995. No 
comments were received. A public hearing was not requested and one was 
not held. The Coast Guard is promulgating this final rule as proposed. 
Due to the NPRM comment period deemed necessary to give adequate public 
notice, there was insufficient time to publish this final rule 30 days 
prior to the event. Good cause exists for making this rule effective 
less than 30 days after publication. Adequate measures are being taken 
to ensure mariners are made aware of this regulation. This rule will be 
locally published in the First Coast Guard District's Local Notice to 
Mariners and announced via Safety Marine Information Broadcasts.

Background and Purpose

    For the last several years, Heritage of Pride Inc., has submitted 
an application to hold a fireworks program on the Hudson River. This 
regulation establishes a safety zone in the waters of the Hudson River 
within a 300 yard radius of the fireworks platform anchored 
approximately 330 yards west of the Manhattan pierhead line between 
Pier 45 and Pier 49. The safety zone 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 safety zone 
precludes all vessels from transiting this area of the Hudson River and 
is needed to protect mariners from the hazards associated with 
fireworks exploding in the area. The effective period of the safety 
zone will be announced annually via Safety Marine Information 
Broadcasts and locally issued notices.

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. The safety zone closes a portion 
of the Hudson River to all vessel traffic 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. Although this regulation 
prevents traffic from transiting this area located on the eastern side 
of the Hudson River, the effect of this regulation is not significant 
for several reasons: 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. 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'' include [[Page 33119]] 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 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.e. of Commandant 
Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, it is 
categorically excluded from further environmental documentation. A 
Categorical Exclusion Determination and Environmental Analysis 
Checklist are included in the docket. An appropriate environmental 
analysis of the fireworks program under the National Environmental 
Policy Act will be conducted in conjunction with the marine event 
permitting process each year.

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. 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 of the Hudson River within a 300 yard 
radius of a fireworks platform anchored approximately 330 yards west of 
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: June 5, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-15753 Filed 6-26-95; 8:45 am]
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