[Federal Register Volume 64, Number 89 (Monday, May 10, 1999)]
[Proposed Rules]
[Pages 24983-24985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11689]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-041]
RIN 2121-AA98


Safety Zone: Hastings-on-Hudson Fireworks, 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 temporary safety zone 
in the Hudson River for the Hastings-on-Hudson 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 in 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 
(CGD01-99-041), 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 (CGD01-99-041) 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

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should enclose stamped, self-addressed postcards or envelopes.
    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

    Fireworks by Grucci has submitted an Application for Approval of a 
Marine Event for a fireworks display in 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.59'44.5''N 073 deg.53'25''W (NAD 1983), 
approximately 335 yards west of Hastings-on-Hudson, New York, and 
approximately 500 yards west of City Hall. The proposed safety zone is 
effective from 8:30 p.m. until 10 p.m. on July 3, 1999. If the event is 
cancelled due to inclement weather, then this event will be held from 
8:30 p.m. until 10 p.m. on July 5, 1999. 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. Marine traffic will still be able to 
transit through the western 750 yards of the 1,350-yard wide river. The 
Captain of the Port does not anticipate any negative impact on the 
vessel traffic due to this event. Public notifications will be made 
prior to the event via local notice to mariners, and marine information 
broadcasts. The Coast Guard is limiting the comment period for this 
NPRM to 30 days because the proposed safety zone is only for a one and 
a half hour long local event and it 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 Hastings-on-Hudson Fireworks 
display held in the Hudson River, New York. This event will be held on 
Saturday, July 3, 1999. If the event is cancelled due to inclement 
weather, then the event will be held on July 5, 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 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 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 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 may safely transit to the west 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 governmental jurisdictions with 
populations 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 (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

    Title 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 on 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

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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 the 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.T01-041 to read as follows:


Sec. 165.T01-041  Safety Zone: Hastings-on-Hudson Fireworks, Hudson 
River, 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 in 
approximate position 40 deg.59'44.5''N 073 deg.53'25''W (NAD 1983), 
approximately 335 yards west of Hastings-on-Hudson, New York and 
approximately 500 yards west of City Hall.
    (b) Effective period. This section is effective from 8:30 p.m. 
until 10 p.m. on July 3, 1999. If the event is cancelled due to 
inclement weather, then this section is effective from 8:30 p.m. until 
10 p.m. on July 5, 1999.
    (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 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. 99-11689 Filed 5-7-99; 8:45 am]
BILLING CODE 4910-15-M