Safety Zone: Heritage of Pride Fireworks Display, Hudson River, New York

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-95-003]

RIN 2115-AA97

Safety Zone: Heritage of Pride Fireworks Display, 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 permanent safety zone

for the annual Heritage of Pride fireworks display located in the

Hudson River, New York. This safety zone would in effect annually on

the last Sunday in June from 9:30 p.m. until 11:30 p.m, unless extended

or terminated sooner by the Captain of the Port, New York. The safety

zone would close all waters of the Hudson River within a 300 yard

radius from the center of the fireworks platform located 330 yards off

the Manhattan pierhead line between Pier 45 and Pier 49.

DATES: Comments must be received on or before May 22, 1995.

ADDRESSES: Comments should be mailed to U.S. Coast Guard Group, New

York, Bldg. 108, Governors Island, New York 10004-5096, or may be

delivered to the Planning and Readiness Division, Bldg. 108, between 8

a.m. and 4 p.m., Monday through Friday, except Federal holidays. Any

person wishing to visit the office must contact the Maritime Planning

Staff at (212) 668-7934 to obtain advance clearance due to the fact

that Governors Island is a military installation with limited access.

FOR FURTHER INFORMATION CONTACT:Lieutenant (Junior Grade) K. Messenger,

Maritime Planning Staff, Coast Guard Group, New York (212) 668-7934.

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 notice (CGD01-95-003) and the specific section

of the proposal to which their comments apply, and give reasons for

each comment. Persons wanting acknowledgment of receipt of comments

should enclose a stamped, self-addressed postcard or envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no public hearing; however, persons may request a

public hearing by writing to the Maritime Planning Staff at the address

under ``ADDRESSES''. If it is determined 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.

Drafting Information

The drafters of this notice are LTJG K. Messenger, Project Manager,

Captain of the Port, New York and LCDR J. Stieb, Project Attorney,

First Coast Guard District, Legal Office.

Background and Purpose

For the last several years, Heritage of Pride Inc., has submitted

an Application for Approval of Marine Event for a fireworks program in

the waters of the Hudson River. This regulation would establish a

safety zone in the waters of the Hudson River on the last Sunday in

June from 9:30 p.m. until 11:30 p.m., unless extended or terminated

sooner by the Captain of the Port New York. This safety zone would

preclude all vessels from transiting within a 300 yard radius of the

fireworks platform anchored 330 yards off the Manhattan pierhead line

between Pier 45 and Pier 49. It is needed to protect mariners from the

hazards associated with fireworks exploding in the area.

This permanent regulation would provide notice to mariners that

this event occurs annually at the same location, on the same day and

time, allowing them to plan transits accordingly. This regulation will

be announced annually via Safety marine [[Page 15102]] Information

Broadcasters and by locally issued notices.

Regulatory Evaluation

This proposal 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 been exempted from review 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

proposal to be so minimal that a full Regulatory Evaluation under

paragraph 10(e) of the regulatory policies and procedures of DOT is

unnecessary. This safety zone would close a portion of the Hudson River

to all vessel traffic annually on the last Sunday in June between 9:30

p.m. and 11:30 p.m., unless extended or terminated sooner by the

Captain of the Port New York. Although this regulation would prevent

traffic from transiting this area, the effect of this regulation would

not be significant for several reasons. Due to the limited duration of

the event; the late hour of the event; the extensive, advance

advisories that will be made; that traffic can safely transit to the

west of this safety zone; and that this event has been held annually

for the past several years without incident or complaint, the Coast

guard expects the economic impact of this regulation to be so minimal

that a Regulatory Evaluation is unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Cost Guard must consider whether this proposal will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include independently owned and operated small businesses

that are not dominant in their field and that otherwise qualify as

``small business concerns'' under Section 3 of the Small business Act

(15 U.S.C. 632). For reasons set forth in the above Regulatory

Evaluation, the Coast Guard expects the impact of this proposal to be

minimal. The Coast Guard certifies under 5 U.S.C. 605(b) that this

proposal will not have a significant economic impact on a substantial

number of small entities.

Collection of Information

This proposal contains no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501).

Federalism

The Coast Guard has analyzed this action in accordance with the

principles and criteria contained in Executive Order 12612 and has

determined that this proposal does not raise sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the environmental impact of this

proposal and concluded that under section 2.B.2.e. of Commandant

Instruction M16475.1B, it is categorically excluded from further

environmental documentation. A Categorical Exclusion Determination is

included in the docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

For 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),

6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

2. Section 165.170 is added to read as follows:

Sec. 165.170 Safety Zone; Heritage of Pride Fireworks Display, Hudson

River, New York.

(a) Location. All waters south of the Hudson River within a 300

yard radius from the center of a fireworks platform anchored 330 yards

off the Manhattan pierhead line between Pier 45 and Pier 49.

(b) Effective period. This section is in effect annually on the

last Sunday in June from 9:30 p.m. until 11:30 p.m., unless extended or

terminated sooner by the Captain of the Port, New York. The effective

period will be announced annually via Safety Marine Information

Broadcasts and locally issued notices.

(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. U.S. Coast Guard patrol personnel include commissioned,

warrant, and petty officers of the Coast Guard. Upon being hailed by a

U.S. Coast Guard vessel via siren, radio, flashing light, or other

means, the operator of a vessel shall proceed as directed.

Dated: March 8, 1995.

T.H. Gilmour,

Captain, U.S. Coast Guard, Captain of the Port, New York.

[FR Doc. 95-6949 Filed 3-21-95; 8:45 am]

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