[Federal Register Volume 65, Number 163 (Tuesday, August 22, 2000)]
[Rules and Regulations]
[Pages 50917-50919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21260]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-204]
RIN 2115-AA97


Safety Zone: Fireworks Display, Hudson River, Pier 84, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
fireworks display located on the Hudson River. 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: This rule is effective from 8:30 p.m. on August 27, 2000 to 10 
p.m. on August 28, 2000.

ADDRESSES: Material received from the public, as well as documents 
indicated in this preamble as being available in the docket, are part 
of docket (CGD01-00-204) and are available for inspection or copying at 
Coast Guard Activities New York, 212 Coast Guard Drive, room 204, 
Staten Island, New York 10305, between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant M. Day, Waterways Oversight 
Branch, Coast Guard Activities New York (718) 354-4012.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(8), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Good cause exists for not 
publishing an NPRM due to the date the Application for Approval of 
Marine Event was received; there was insufficient time to draft and 
publish an NPRM. Further, it is a local event with minimal impact on 
the waterway; vessels may still transit through the western 385 yards 
of the 900-yard wide Hudson River during the event. The zone is only in 
effect for 1\1/2\ hours and vessels can be given permission to transit 
the zone except for about 15 minutes during this time. Additionally, 
vessels would not be precluded from mooring at or getting underway from 
commercial or recreational piers in the vicinity of the zone. Any delay 
encountered in this regulation's effective date would be unnecessary 
and contrary to public interest since immediate action is needed to 
close the waterway and protect the maritime public from the hazards 
associated with this fireworks display.
    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. This is due to the following 
reasons: it is a local event with minimal impact on the waterway, 
vessels may still transit through the western 385 yards of the 900-yard 
wide Hudson River during the event, the zone is only in effect for 1\1/
2\ hours and vessels can be given permission to transit the zone except 
for about 15 minutes during this time. Additionally, vessels would not 
be precluded from mooring at or getting underway from commercial or 
recreational piers in the vicinity of the zone.

Background and Purpose

    The Coast Guard has received an application to hold a fireworks 
program on the waters of the Hudson River. This rule establishes a 
safety zone in all waters of the Hudson River within a 240-yard radius 
of the fireworks barge in approximate position 40 deg.45'56.2"N 
074 deg.00'21.6"W (NAD 1983), about 300 yards west of Pier 84, 
Manhattan. The safety zone is in effect from 8:30 p.m. (e.s.t.) until 
10 p.m. (e.s.t.) on Sunday, August 27, 2000. If the event is cancelled 
due to inclement weather, then this zone is effective from 8:30 p.m. 
(e.s.t.) until 10 p.m. (e.s.t.) on Monday, August 28, 2000. 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 western 385 yards of the 900-yard wide Hudson River 
during this

[[Page 50918]]

event. Additionally, vessels would not be precluded from mooring at or 
getting underway from commercial or recreational piers in the vicinity 
of the zone. Public notifications will be made prior to the event via 
the Local Notice to Mariners.

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. This 
finding is based on the minimal time that vessels will be restricted 
from the zone, that vessels may still transit through the western 385 
yards of the 900-yard wide Hudson River during the event, vessels would 
not be precluded from mooring at or getting underway from commercial or 
recreational piers in the vicinity of the zone, and advance 
notifications which will be made.
    The size of this safety zone was determined using National Fire 
Protection Association and New York City Fire Department standards for 
8" mortars fired from a barge combined with the Coast Guard's knowledge 
of tide and current conditions in the area.

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 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 will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in a portion of the Hudson River during the times this zone 
is activated.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. It is a 
local event with minimal impact on the waterway, vessels may still 
transit through the western 385 yards of the 900-yard wide Hudson River 
during the event, the zone is only in effect for 1\1/2\ hours and 
vessels can be given permission to transit the zone except for about 15 
minutes during this time. Additionally, vessels would not be precluded 
from mooring at or getting underway from commercial or recreational 
piers in the vicinity of the zone. Before the effective period, we will 
publish this event in the Local Notice to Mariners, which is widely 
available to users of the river.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
entities were notified of this marine event by its publication in the 
First Coast Guard District Local Notice to Mariners #32 dated August 8, 
2000.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

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.

Unfunded Mandates

    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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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 paragraph 34(g) as it 
establishes a safety zone. 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 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.T01-204 to read as follows:


Sec. 165.T01-204  Safety Zone: Fireworks Display, Hudson River, Pier 
84, NY.

    (a) Location. The following area is a safety zone: All waters of 
the Hudson

[[Page 50919]]

River within a 240-yard radius of the fireworks barge in approximate 
position 40 deg.45'56.2"N 074 deg.00'21.6"W (NAD 1983), about 300 yards 
west of Pier 84, Manhattan.
    (b) Effective period. This section is effective from 8:30 p.m. 
(e.s.t.) until 10 p.m. (e.s.t.) on August 27, 2000. If the event is 
cancelled due to inclement weather, then this section is effective from 
8:30 p.m. (e.s.t.) until 10 p.m. (e.s.t.) on August 28, 2000.
    (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: August 11, 2000.
R.E. Bennis,
Captain, U. S. Coast Guard, Captain of the Port, New York
[FR Doc. 00-21260 Filed 8-21-00; 8:45 am]
BILLING CODE 4910-15-U