[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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