[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33672-33673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16600]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-96-047]
RIN 2115-AA97


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

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Heritage of Pride fireworks display located on the Hudson River, 
NY. The safety zone is in effect from 9:30 p.m. until 11:30 p.m. on 
Sunday, June 30, 1996. The safety zone temporarily closes all waters of 
the Hudson River within a 300 yard radius of a fireworks barge anchored 
approximately 330 yards west of the Manhattan pierhead line between 
Pier 32 and Pier 26.

EFFECTIVE DATE: This rule is effective from 9:30 p.m. until 11:30 p.m. 
on Sunday, June 30, 1996, unless extended or terminated sooner by the 
Captain of the Port, New York.

FOR FURTHER INFORMATION CONTACT:
Lieutenant J. W. Green, Waterways Oversight Branch, Coast Guard 
Activities New York, at (212) 668-7906.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing an NPRM and for making this regulation effective less than 
30 days after Federal Register

[[Page 33673]]

publication. Due to the date on which complete information regarding 
this event was received, there was insufficient time to draft and 
publish an NPRM. Any delay encountered in this regulation's effective 
date would be contrary to public interest since immediate action is 
needed to protect the maritime public from the hazards associated with 
fireworks exploding from a barge on the waters on the Hudson River.

Background and Purpose

    Heritage of Pride Inc., submitted an Application for Approval of 
Marine Event to hold a fireworks program on the Hudson River. This 
regulation establishes a temporary safety zone in all waters of the 
Hudson River within a 300 yard radius of the fireworks barge anchored 
approximately 330 yards west of the Manhattan pierhead line between 
pier 32 and pier 26. The safety zone is in effect from 9:30 p.m. until 
11:30 p.m. on June 30, 1996, unless extended or terminated sooner by 
the Captain of the Port, New York. The safety zone prevents vessels 
from transiting this portion of the Hudson River and is needed to 
protect mariners 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. This regulation closes a portion 
of the Hudson River to vessel traffic from 9:30 p.m. until 11:30 p.m. 
on June 30, 1996, unless extended or terminated sooner by the Captain 
of the Port, New York. Although this regulation prevents traffic from 
transiting this area on the eastern side of the Hudson River, the 
effect of the regulation will not be significant for several reasons: 
the duration of the event is limited; the event is at a later hour; 
vessel traffic may safely pass to the west of this area; the advance 
advisories which will be made; and that this event has been held 
annually for the past several years between pier 45 and pier 49 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'' may include (1) small businesses and not-for-profit 
organizations that are not independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    For reasons set forth in the Regulatory Evaluation, 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.
    Therefore, the Coast Guard finds that this rule will not have a 
significant economic impact on a substantial number of small entities. 
If, however, you think that your business or organization qualifies as 
a small entity and that this rule will have significant economic impact 
on your business or organization, please submit a comment explaining 
why you think it qualifies and in what way and to what degree this rule 
will economically affect it.

Collection of Information

    This regulation contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

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 have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environment impact of this 
regulation and concluded that under section 2.B.2.e. (34)(g) of 
Commandant Instruction M16475.1B (as revised by 59 FR 38654, July 29, 
1994), the promulgation of this regulation is categorically excluded 
from further environmental documentation. A Categorical Exclusion 
Determination and Environmental Analysis Checklist are included in the 
docket.

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. A temporary Sec. 165.T01-047, is added to read as follows:


Sec. 165.T01-047  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 the fireworks barge anchored approximately 330 yards west of 
the Manhattan pierhead line between Pier 32 and Pier 26.
    (b) Effective period. This section is effective from 9:30 p.m. 
until 11:30 p.m. on June 30, 1996, unless extended or terminated sooner 
by the Captain of the Port, New York.
    (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.

    Dated: June 18, 1996.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 96-16600 Filed 6-27-96; 8:45 am]
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