[Federal Register Volume 68, Number 88 (Wednesday, May 7, 2003)]
[Proposed Rules]
[Pages 24406-24408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11297]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CG01-03-015]
RIN 1625-AA97


Safety Zone; Hudson River, Middle Ground Flats, Hudson, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for a fireworks display 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 the affected 
waterway.

DATES: Comments and related material must reach the Coast Guard on or 
before June 6, 2003.

ADDRESSES: You may mail comments and related material to Waterways 
Oversight Branch (CGD01-03-015), Coast Guard Activities New York, 212 
Coast Guard Drive, room 204, Staten Island, New York 10305. The 
Waterways Oversight Branch of Coast Guard Activities New York maintains 
the public docket for this rulemaking. Comments and material received 
from the public, as well as documents indicated in this preamble as 
being available in the docket, will become part of this docket and will 
be available for inspection or copying at room 204, Coast Guard 
Activities New York, between 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander E. Morton, 
Waterways Oversight Branch, Coast Guard Activities New York at (718) 
354-4012.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-03-
015), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Waterways Oversight Branch at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    The City of Hudson, New York has submitted an application to hold a 
fireworks display from a barged moored at the Hudson Wharf. The 
proposed safety zone includes all waters of the Hudson River within a 
100-yard radius of the fireworks barge in approximate position 
42[deg]15'21.0'' N 073[deg]47'58'' W, about 495 feet east of Hudson 
River Lighted Buoy 133 (LLNR 38585).
    Marine traffic would still be able to transit through the western 
110 feet of the 400-foot wide channel and to the west of Middle Ground 
Flats. Additionally, vessels would not be precluded from mooring at or 
getting underway from piers in the vicinity of the proposed safety 
zone.
    The proposed regulation would be effective from 9 p.m. to 10:30 
p.m. on Saturday, June 14, 2003. In case of inclement weather the 
regulation would be effective from 9 p.m. to 10:30 p.m. on Sunday, June 
15, 2003. It would prohibit all vessels and persons from

[[Page 24407]]

transiting this portion of the Hudson River and is needed to provide 
for the safety of life on navigable waters during the event.

Discussion of Proposed Rule

    The proposed safety zone is for the City of Hudson Flag Day 
Festival Fireworks Display held on a barge moored to the Hudson Wharf. 
The event would be held on Saturday, June 14, 2003. In case of 
inclement weather the event would be held on Sunday, June 15, 2003. 
This rule is being proposed to provide for the safety of life on 
navigable waters during the event.
    The proposed size of this safety zone was determined using National 
Fire Protection Association and New York City Fire Department standards 
for 4 inch mortars fired from a barge, combined with the Coast Guard's 
knowledge of tide and current conditions in the area.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    This finding is based on the minimal time that vessels will be 
restricted from the zone, vessels will still be able to transit through 
the western 110 feet of the 400-foot wide channel and to the west of 
Middle Ground Flats, and vessels would not be precluded from getting 
underway, or mooring at, any piers or marinas currently located in the 
vicinity of the proposed safety zone. Advance notifications will be 
made to the local maritime community by the Local Notice to Mariners, 
marine information broadcast, electronic mail distribution, and on the 
Internet at http://www.harborops.com.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might 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 would not have a significant economic impact on a 
substantial number of small entities for the following reasons: Vessel 
traffic can still transit through the Hudson River during the event; 
vessels would not be precluded from getting underway, or mooring at, 
any piers or marinas currently located in the vicinity of the proposed 
safety zone. Before the effective period, we will ensure wide 
dissemination of maritime advisories widely available to users of the 
Hudson River by Local Notice to Mariners, marine information 
broadcasts, electronic mail distribution, and on the Internet at http://www.harborops.com.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Commander E. Morton, 
Waterways Oversight Branch, Coast Guard Activities New York at (718) 
354-4012.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal government and Indian tribes.

[[Page 24408]]

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that Order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. This proposed rule fits paragraph 34(g) as 
it establishes a safety zone. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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, and 160.5; Department of Homeland Security 
Delegation No. 0170.

    2. From 9 p.m. June 14, 2003, to 10:30 p.m. June 15, 2003, add 
temporary Sec.  165.T01-015 to read as follows:


Sec.  165.T01-015  Safety Zone; Hudson River, Middle Ground Flats, 
Hudson, NY.

    (a) Regulated Area. The following area is a safety zone: All waters 
of the Hudson River within a 100-yard radius of the fireworks barge in 
approximate position 42[deg]15'21.0'' N 073[deg]47'58'' W, about 495 
feet east of Hudson River Lighted Buoy 133 (LLNR 38585).
    (b) Enforcement period. This section will be enforced from 9 p.m. 
to 10:30 p.m. on Saturday, June 14, 2003. In case of inclement weather 
this section will be enforced from 9 p.m. to 10:30 p.m. on Sunday, June 
15, 2003.
    (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 24, 2003.
C.E. Bone,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 03-11297 Filed 5-6-03; 8:45 am]
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