Safety Zone: PricewaterhouseCooper LLP Fireworks, Hudson River, Manhattan, NY

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-037]

RIN 2121-AA98

Safety Zone: PricewaterhouseCooper LLP Fireworks, Hudson River,

Manhattan, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone

on the Hudson River for the PricewaterhouseCooper 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: Comments must be received on or before June 9, 1999.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch

(CGD01-99-037), Coast Guard Activities New York, 212 Coast Guard Drive,

Staten Island, New York 10305, or deliver them to room 205 at the same

address between 8 a.m. and 3 p.m., Monday through Friday, except

federal holidays.

The Waterways Oversight Branch of Coast Guard Activities New York

maintains the public docket for this rulemaking. Comments and documents

as indicated in this preamble, will become part of this docket and will

be available for inspection or copying at room 205, Coast Guard

Activities New York, 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:

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 rulemaking (CGD01-99-037) and the specific section of

this document to which each comment applies, and give the reason for

each comment. Please submit two copies of all comments and attachments

in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgment of

receipt of comments should enclose stamped, self-addressed postcards or

envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposed rule in view of the

comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Waterways Oversight Branch at the

address under ADDRESSES. The request should include the reasons why a

hearing would be beneficial. If it determines 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.

Background and Purpose

Bay Fireworks has submitted an Application for Approval of a Marine

Event for a Fireworks display on the Hudson River. This proposed

regulation establishes a temporary safety zone in all waters of the

Hudson River within a 360-yard radius of the fireworks barge in

approximate position 40 deg.44'49''N 074 deg.01'02''W (NAD 1983),

approximately 500 yards west of Pier 60, Manhattan, New York. The

proposed safety zone would be effective on Friday, June 25, 1999, from

8:30 p.m. until 10 p.m. There is no rain date for this event. The

proposed 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. 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 information broadcasts. The

Coast Guard is limiting the comment period for this NPRM to 30 days

because the proposed safety zone is only for one and a half hour long

local event and should have negligible impact on vessel transits. There

is also insufficient time to publish a Temporary final rule 30 days

before the event and provide a 60 day comment period.

Discussion of Proposed Rule

The proposed safety zone is for the PricewaterhouseCooper LLP

Fireworks

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held on the Hudson River at Pier 60, Chelsea Piers, Manhattan, New

York. This event will be held on Friday, June 25, 1999. This rule is

being proposed to provide for the safety of life on navigable waters

during the event and to give the marine community the opportunity to

comment on this event.

Regulatory Evaluation

This proposed 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. It has not bee reviewed by the Office of management and

Budget under the 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 proposed 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 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 59--62 and the Piers at Castle Point, New Jersey,

that vessels may safely transit to the east of the zone, 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 et seq.), the

Coast Guard must consider whether this proposed rule, if adopted, will

have a significant economic impact on a substantial number of small

entities. ``Small entities'' include small businesses, not-for-profit

organizations that are independently owned and operated and are not

dominant in their fields, and government jurisdiction with population

of less than 50,000.

For reasons stated in the Regulatory Evaluation section above, the

Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule, if

adopted, will not have a significant economic impact on a substantial

number of small entities. If, however, you think that your business or

organization qualifies as a small entity and that this proposed rule

will have a significant economic impact on your business or

organization, please submit a comment (see ADDRESSES) explaining why

you think it qualifies and in what way and to what degree this proposed

rule will economically affect it.

Collection of Information

This proposed rule does not provide for a collection of information

under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this proposed rule under the

principles and criteria contained in Executive Order 12612 and has

determined that this proposed rule does not have sufficient

implications for federalism to warrant the preparation of a Federalism

Assessment.

Unfunded Mandates

Tile II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub. L.

104-4, 109 Stat. 48] requires Federal agencies to assess the effects of

certain regulatory actions of State, local, and tribal governments, and

the private sector. UMRA requires a written statement of economic and

regulatory alternatives for rules that contain Federal mandates. A

``Federal mandate'' is a new or additional enforceable duty imposed on

any State, local, or tribal government, or the private sector. If any

Federal mandate causes those entities to spend, in the aggregate, $100

million or more in any one year, the UMRA analysis is required. This

proposed rule does not impose Federal mandates on any State, local, or

tribal governments, or the private sector.

Environment

The Coast Guard has considered the environmental impact of this

proposed rule and concluded that under figure

2-1, paragraph 34(g), of Commandant Instruction M16475.1C, this

proposed rule is categorically excluded from further environmental

documentation. A written Categorical exclusion Determination is

available in the docket for inspection or copying where indicated under

addresses.

Other Executive Orders on the Regulatory Process

In addition to the statutes and Executive Orders already addressed

in this preamble, the Coast Guard considered the following executive

orders in developing this proposed rule and reached the following

conclusions:

E.O. 12630, Governmental Actions and Interference with

Constitutionally Protected Property Rights. This proposed rule will not

effect a taking of private property or otherwise have taking

implications under this Order.

E.O. 12875, Enhancing the Intergovernmental Partnership. This

proposed rule will not impose, on any State, local, or tribal

government, a mandate that is not required by statute and that is not

funded by the Federal government.

E.O. 12988, Civil Justice Reform. This proposed rule meets

applicable standards in sections 3(a) and 3(b)(2) of this Order to

minimize litigation, eliminate ambiguity, and reduce burden.

E.O. 13045, Protection of Children from Environmental Health Risks

and Safety Risks. This proposed rule is not an economically significant

rule and does not concern an environmental risk to safety

disproportionately affecting children.

List of Subjects in 33 CFR Part 165

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

recordkeeping requirements, Security measures, Waterways.

Proposed Regulation

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),

6.04-6, 160.5; 49 CFR 1.46. Section 165.100 is also issued under

authority of Sec. 311, Pub. L. 105-383.

2. Add temporary Sec. 165.T01-037 to read as follows:

Sec. 165.T01-037 Safety Zone: PricewaterhouseCooper LLP Fireworks,

Hudson River, Manhattan, New York

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

the Hudson River within a 360-year radius of the fireworks barge in

approximate position 40 deg.44'49''N 074 deg.01'02''W (NAD 1983),

approximately 500 yards west of Pier 60, Manhattan, New York.

(b) Effective period. This section is effective on Friday, June 25,

1999, from 8:30 p.m. until 10 p.m. 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

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

Dated: April 27, 1999.

R.E. Bennis,

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

[FR Doc. 99-11688 Filed 5-7-99; 8:45 am]

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