[Federal Register Volume 64, Number 242 (Friday, December 17, 1999)]
[Rules and Regulations]
[Pages 70587-70588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32844]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-180]
RIN 2115-AA97
Safety Zone: Ambassador Construction Fireworks, Hudson River,
Anchorage Channel
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Hudson River for the Ambassador Construction 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: This rule is effective from 7:45 p.m. e.s.t. to 9:15 p.m. e.s.t.
on December 17, 1999. There is no rain date for this event.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD01-99-180) and are available for inspection or
copying at Waterways Oversight Branch, Coast Guard Activities New York,
212 Coast Guard Drive, Staten Island, New York 10305, room 205, 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:
Regulatory Information
On October 29, 1999, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone: Ambassador Construction Fireworks, Hudson
River, Anchorage Channel in the Federal Register (64 FR 58366). We
received no letters commenting on the proposed rule. No public hearing
was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the date the Application
for Approval of Marine Event was received, there was insufficient time
to promulgate a NPRM and a final rule that would be effective at least
30 days after it was published. The Coast Guard published an NPRM with
a 30-day comment period, but this did not leave sufficient time to
publish the final rule 30 days before it's effective date. Any delay
encountered in this regulation's effective date would be unnecessary
and contrary to public interest since immediate action is needed to
prevent traffic from transiting a portion of the Hudson River and
Anchorage Channel, Manhattan, New York, and provide for the safety of
life on navigable waters. Additionally, this temporary safety zone is
only for a one and a half hour long local event and it should have
negligible impact on vessel transits due to the fact that vessels can
safely transit around the zone and they are not precluded from using
any portion of the waterway except the safety zone area itself. The
public was notified of this event when the NPRM was published in the
Local Notice to Mariners on November 4, 1999.
Background and Purpose
Bay Fireworks submitted an Application for Approval of a Marine
Event for a fireworks display on the Hudson River. This regulation
establishes a temporary safety zone in all waters of the Hudson River
and Anchorage Channel within a 360-yard radius of the fireworks barge
in approximate position 40 deg.42'00'' N 074 deg.01'17'' W (NAD 1983),
about 340 yards south of The Battery, Manhattan, New York. The
temporary safety zone is in effect from 7:45 p.m. e.s.t. to 9:15 p.m.
e.s.t. on December 17, 1999. There is no rain date for this event.
After publication of the NPRM the sponsor requested the start time of
the event be changed from 8:15 p.m. e.s.t. to 7:45 p.m. e.s.t. The
Coast Guard Captain of the Port, New York does not anticipate any
negative impact from this and has authorized the time change. The
temporary safety zone prevents vessels from transiting a portion of the
Hudson River and Anchorage Channel, 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
780 yards of the 1400-yard wide Hudson River, the eastern 300 yards of
the 730-yard wide Anchorage Channel, and the East River during the
event. 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 marine information
broadcasts. The Coast Guard limited the comment period for this NPRM to
30 days because the temporary safety zone is only for a one and a half
hour long local event and it should have negligible impact on vessel
transits.
Discussion of Comments and Changes
The Coast Guard received no letters commenting on the proposed
rulemaking. One change was made to the proposed rule. After publication
of the NPRM the sponsor requested the starting time of the event be
changed from 8:15 p.m. e.s.t. to 7:45 p.m. e.s.t. The Coast Guard
Captain of the Port, New York does not anticipate any negative impact
from this and has authorized the time change. The Coast Guard does not
consider this half-hour earlier starting time to be a material change,
therefore a supplemental notice of proposed rulemaking was not
published.
Regulatory Evaluation
This 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. The
Office of Management and Budget has not reviewed it 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. Although
this regulation prevents traffic from transiting a portion of the lower
Hudson River and Anchorage Channel 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 at The
Battery, Manhattan, that vessels may safely transit through the Hudson
River and Anchorage Channel during the event, 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. 601-612), we
considered whether this rule would have a significant economic impact
on a
[[Page 70588]]
substantial number of small entities. The term ``small entities''
comprises 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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule would affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit through the affected portion of the Hudson River and Anchorage
Channel during the times this zone is activated.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic can safely pass through the western 780 yards of the 1400-yard
wide Hudson River, the eastern 300 yards of the 730-yard wide Anchorage
Channel, and the East River during the event. Additionally, vessels are
not precluded from getting underway, or mooring at, piers at The
Battery, Manhattan. Before the effective period, we will issue maritime
advisories widely available to users of the Port of New York/New Jersey
by the local notice to mariners, and marine information broadcasts.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this rule under Executive Order 13132 and have
determined that this rule does not have implications for federalism
under that Order.
The Coast Guard Captain of the Port, New York does not anticipate
implications for federalism due to the change of the event starting
time from 8:15 p.m. e.s.t. to 7:45 p.m. e.s.t.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those unfunded mandate costs. This rule will not impose an unfunded
mandate. No comments were received during the comment period regarding
Unfunded Mandates. The Coast Guard Captain of the Port, New York does
not anticipate implications on Unfunded Mandates due to the change of
the event starting time from 8:15 p.m. e.s.t. to 7:45 p.m. e.s.t.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights. No
comments were received during the comment period regarding the Taking
of Private Property. The Coast Guard Captain of the Port, New York does
not anticipate implications for Taking of Private Property due to the
change of the event starting time from 8:15 p.m. e.s.t. to 7:45 p.m.
e.s.t.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden. No comments were received during the
comment period regarding Civil Justice Reform. The Coast Guard Captain
of the Port, New York does not anticipate implications for Civil
Justice Reform due to the change of the event starting time from 8:15
p.m. e.s.t. to 7:45 p.m. e.s.t.
Protection of Children
We have analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not concern an environmental
risk to health or risk to safety that may disproportionately affect
children.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under figure 2-1, paragraph 34(g), of Commandant
Instruction M16475.1C, this rule is categorically excluded from further
environmental documentation. This rule fits category 34(g) since
implementation of this action will not result in any significant
cumulative impacts on the human environment, substantial controversy or
substantial change to existing environmental conditions, impacts which
are more than minimal on properties protected under 4(f) of the DOT Act
as superseded by Public Law 97-449, and section 106 of the National
Historic Preservation Act, and inconsistencies with any Federal, State,
or local laws or administrative determinations relating to the
environment. A ``Categorical Exclusion Determination'' is available in
the docket for inspection or copying where indicated under ADDRESSES.
The Coast Guard received no comments during the comment period
regarding Environmental Impacts. The Coast Guard Captain of the Port,
New York does not anticipate implications on the environment due to the
change of the event starting time from 8:15 p.m. e.s.t. to 7:45 p.m.
e.s.t.
List of Subjects
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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, 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T01-180 to read as follows:
Sec. 165.T01-180 Safety Zone: Ambassador Construction Fireworks,
Hudson River, Anchorage Channel.
(a) Location. The following area is a safety zone: All waters of
the Hudson River and Anchorage Channel within a 360-yard radius of the
fireworks barge in approximate position 40 deg.42'00'' N
074 deg.01'17'' W (NAD 1983), about 340 yards south of The Battery,
Manhattan, New York.
(b) Effective Period. This section is effective from 7:45 p.m.
e.s.t. to 9:15 p.m. e.s.t. on December 17, 1999. 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 means, the operator of a vessel shall proceed
as directed.
Dated: December 10, 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-32844 Filed 12-15-99; 12:17 pm]
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