[Federal Register Volume 64, Number 89 (Monday, May 10, 1999)]
[Proposed Rules]
[Pages 24985-24987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11688]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-037]
RIN 2121-AA98


Safety Zone: PricewaterhouseCooper LLP Fireworks, Hudson River, 
Manhattan, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the Hudson River for the PricewaterhouseCooper Fireworks Display. 
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: Comments must be received on or before June 9, 1999.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch 
(CGD01-99-037), Coast Guard Activities New York, 212 Coast Guard Drive, 
Staten Island, New York 10305, or deliver them to room 205 at the same 
address between 8 a.m. and 3 p.m., Monday through Friday, except 
federal holidays.
    The Waterways Oversight Branch of Coast Guard Activities New York 
maintains the public docket for this rulemaking. Comments and documents 
as indicated in this preamble, will become part of this docket and will 
be available for inspection or copying at room 205, Coast Guard 
Activities New York, between 8 a.m. and 3 p.m., Monday through Friday, 
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4193.

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 rulemaking (CGD01-99-037) and the specific section of 
this document to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Waterways Oversight Branch at the 
address under ADDRESSES. The request should include the reasons why a 
hearing would be beneficial. If it determines 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.

Background and Purpose

    Bay Fireworks has submitted an Application for Approval of a Marine 
Event for a Fireworks display on the Hudson River. This proposed 
regulation establishes a temporary safety zone in all waters of the 
Hudson River within a 360-yard radius of the fireworks barge 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 
proposed safety zone would be effective on Friday, June 25, 1999, from 
8:30 p.m. until 10 p.m. There is no rain date for this event. The 
proposed 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. The 
Captain of the Port does not anticipate any negative impact on vessel 
traffic due to this event. Public notifications will be made prior to 
the event via local notice to mariners, and information broadcasts. The 
Coast Guard is limiting the comment period for this NPRM to 30 days 
because the proposed safety zone is only for one and a half hour long 
local event and should have negligible impact on vessel transits. There 
is also insufficient time to publish a Temporary final rule 30 days 
before the event and provide a 60 day comment period.

Discussion of Proposed Rule

    The proposed safety zone is for the PricewaterhouseCooper LLP 
Fireworks

[[Page 24986]]

held on the Hudson River at Pier 60, Chelsea Piers, Manhattan, New 
York. This event will be held on Friday, June 25, 1999. This rule is 
being proposed to provide for the safety of life on navigable waters 
during the event and to give the marine community the opportunity to 
comment on this event.

Regulatory Evaluation

    This proposed 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 bee reviewed by the Office of management and 
Budget under the 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 proposed rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. Although this regulation prevents 
traffic from transiting a portion of the Lower Hudson River during the 
event, the effect of this regulation will not be significant for 
several reasons: 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 advance 
notifications which will be made to the local maritime community by the 
Local Notice to Mariners, and marine information broadcasts.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposed rule, if adopted, 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 government jurisdiction with population 
of less than 50,000.
    For reasons stated in the Regulatory Evaluation section above, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule, if 
adopted, 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 proposed rule 
will have a significant economic impact on your business or 
organization, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and in what way and to what degree this proposed 
rule will economically affect it.

Collection of Information

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

Federalism

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

Unfunded Mandates

    Tile II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub. L. 
104-4, 109 Stat. 48] requires Federal agencies to assess the effects of 
certain regulatory actions of State, local, and tribal governments, and 
the private sector. UMRA requires a written statement of economic and 
regulatory alternatives for rules that contain Federal mandates. A 
``Federal mandate'' is a new or additional enforceable duty imposed on 
any State, local, or tribal government, or the private sector. If any 
Federal mandate causes those entities to spend, in the aggregate, $100 
million or more in any one year, the UMRA analysis is required. This 
proposed rule does not impose Federal mandates on any State, local, or 
tribal governments, or the private sector.

Environment

    The Coast Guard has considered the environmental impact of this 
proposed rule and concluded that under figure 
2-1, paragraph 34(g), of Commandant Instruction M16475.1C, this 
proposed rule is categorically excluded from further environmental 
documentation. A written Categorical exclusion Determination is 
available in the docket for inspection or copying where indicated under 
addresses.

Other Executive Orders on the Regulatory Process

    In addition to the statutes and Executive Orders already addressed 
in this preamble, the Coast Guard considered the following executive 
orders in developing this proposed rule and reached the following 
conclusions:
    E.O. 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights. This proposed rule will not 
effect a taking of private property or otherwise have taking 
implications under this Order.
    E.O. 12875, Enhancing the Intergovernmental Partnership. This 
proposed rule will not impose, on any State, local, or tribal 
government, a mandate that is not required by statute and that is not 
funded by the Federal government.
    E.O. 12988, Civil Justice Reform. This proposed rule meets 
applicable standards in sections 3(a) and 3(b)(2) of this Order to 
minimize litigation, eliminate ambiguity, and reduce burden.
    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks. This proposed rule is not an economically significant 
rule and does not concern an environmental risk to safety 
disproportionately affecting children.

List of Subjects in 33 CFR Part 165

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

Proposed Regulation

    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), 
6.04-6, 160.5; 49 CFR 1.46. Section 165.100 is also issued under 
authority of Sec. 311, Pub. L. 105-383.

    2. Add temporary Sec. 165.T01-037 to read as follows:


Sec. 165.T01-037  Safety Zone: PricewaterhouseCooper LLP Fireworks, 
Hudson River, Manhattan, New York

    (a) Location. The following area is a safety zone: All waters of 
the Hudson River within a 360-year radius of the fireworks barge 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 on Friday, June 25, 
1999, from 8:30 p.m. until 10 p.m. 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. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard 
vessel by siren, radio, flashing light, or other

[[Page 24987]]

means, the operator of a vessel shall proceed as directed.

    Dated: April 27, 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-11688 Filed 5-7-99; 8:45 am]
BILLING CODE 4910-15-M