[Federal Register Volume 63, Number 214 (Thursday, November 5, 1998)]
[Rules and Regulations]
[Pages 59719-59720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29625]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-157]
RIN 2115-AA97


Safety Zone: Building Owners and Managers Fireworks, Hudson 
River, Manhattan, 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 Building Owners and Managers Fireworks program located on the 
Hudson River, Manhattan, New York. This action is necessary to provide 
for the safety of life on navigable waters during the event. This 
action is intended to restrict vessel traffic on a portion of the 
Hudson River.

DATES: This rule is effective from 10 p.m. until 11:30 p.m., on Friday, 
November 13, 1998. There is no rain date for this event.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Coast Guard Activities New York, 212 Coast 
Guard Drive, room 205, Staten Island, New York 10305, between 8 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (718) 354-4195.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) A. 
Kenneally, Waterways Oversight Branch, Coast Guard Activities New York, 
at (718) 354-4195.

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 publication. Due to the date the 
Application for Approval of Marine 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 close a portion of the 
waterway and protect the maritime public from the hazards associated 
with this fireworks display.

Background and Purpose

    On September 10, 1998, Bay Fireworks submitted an application to 
hold a fireworks program on the waters of the Hudson River. The 
fireworks program is being sponsored by Chelsea Piers, New York. This 
regulation establishes a safety zone in all waters of the Hudson River 
within a 360 yard radius of the fireworks barge located in approximate 
position 40 deg.44'49''N 074 deg.01'02''W (NAD 1983), approximately 500 
yards west of Pier 60, Manhattan, New York. The safety zone is in 
effect from 10 p.m. until 11:30 p.m. on Friday, November 13, 1998. 
There is no rain date for this event. The safety zone prevents vessels 
from transiting a portion of the Hudson River and is needed to protect 
boaters from the hazards associated with fireworks launched from a 
barge in the area. Marine traffic will still be able to transit through 
the eastern 150 years of the 850-yard wide Hudson River during the 
event. The Captain of the Port does not anticipate any negative impact 
on commercial traffic due to this event. Additionally, vessels are not 
precluded from mooring at or getting underway from Piers 59-62 or from 
the Piers at Castle Point, New Jersey. Public notifications will be 
made prior to the event via the Local Notice of Mariners and marine 
information broadcasts.

Regulatory Evaluation

    This final rule 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 not been reviewed 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 final rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. This finding is based on the minimal 
time that vessels will be restricted from the area, that vessels are 
not precluded from getting underway, or mooring at, Piers 59-62 and the 
Piers at Castle Point, New Jersey, that vessels may safely transit to 
the east of the zone, and extensive advance notifications which will be 
made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule will have a significant economic 
impact on a substantial number of small entities. ``Small entities'' 
include small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    For reasons discussed in the Regulatory Evaluation above, the Coast 
Guard certifies under section 605(b) of the Regulatory Flexibility Act 
(5 U.S.C. 601-612) that this final rule will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this final rule does not have sufficient implications for federalism to 
warrant the preparation of a Federal Assessment.

Unfunded Mandates

    Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the 
Coast Guard must consider whether this rule will result in an annual 
expenditure by state, local, and tribal governments, in the aggregate 
of $100 million (adjusted annually for inflation). If so, the Act 
requires that a reasonable number of regulatory alternatives be 
considered, and that from those alternatives, the least costly, most 
cost-effective, or least burdensome alternative that achieves the 
objective of the rule be selected. No state, local, or tribal 
government entities will be effected by this rule, so this rule will 
not result in annual or aggregate costs of $100 million or more. 
Therefore, the Coast Guard is exempt from any further regulatory 
requirements under the Unfunded Mandates Act.

Environment

    The Coast Guard has considered the environmental impact of this 
final rule and concluded that under Figure 2-1, paragraph 34(g), of 
Commandant

[[Page 59720]]

Instruction M16475.1C, this final rule is categorically excluded from 
further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    For the reason discussed 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. Add temporary Sec. 165.T01-157 to read as follows:


Sec. 165.T01-157  Safety Zone: Building Owners and Managers Fireworks, 
Hudson River, Manhattan, New York.

    (a) Location. The following area is a safety zone: all waters of 
the Hudson River within a 360 yard radius of the fireworks barge 
located in approximate position 40 deg.44'49''N 074 deg.01'02''W (NAD 
1983), approximately 500 yards west of Pier 60, Manhattan, New York.
    (b) Effective period. This section is effective from 10 p.m. until 
11:30 p.m. on Friday, November 13, 1998. There is no rain date for this 
event.
    (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: October 20, 1998.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 98-29625 Filed 11-4-98; 8:45 am]
BILLING CODE 4910-15-M