Safety Zone: Hastings-on-Hudson Fireworks, Hudson River, New York

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-041]

RIN 2121-AA98

Safety Zone: Hastings-on-Hudson Fireworks, 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 temporary safety zone

in the Hudson River for the Hastings-on-Hudson 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 in 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

(CGD01-99-041), 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 (CGD01-99-041) 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

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should enclose stamped, self-addressed postcards or envelopes.

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

Fireworks by Grucci has submitted an Application for Approval of a

Marine Event for a fireworks display in 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.59'44.5''N 073 deg.53'25''W (NAD 1983),

approximately 335 yards west of Hastings-on-Hudson, New York, and

approximately 500 yards west of City Hall. The proposed safety zone is

effective from 8:30 p.m. until 10 p.m. on July 3, 1999. If the event is

cancelled due to inclement weather, then this event will be held from

8:30 p.m. until 10 p.m. on July 5, 1999. 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. Marine traffic will still be able to

transit through the western 750 yards of the 1,350-yard wide river. The

Captain of the Port does not anticipate any negative impact on the

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 is limiting the comment period for this

NPRM to 30 days because the proposed safety zone is only for a one and

a half hour long local event and it 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 Hastings-on-Hudson Fireworks

display held in the Hudson River, New York. This event will be held on

Saturday, July 3, 1999. If the event is cancelled due to inclement

weather, then the event will be held on July 5, 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 been reviewed 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 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 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 may safely transit to the west 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 governmental jurisdictions with

populations 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 (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

Title 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 on 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

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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 the 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.T01-041 to read as follows:

Sec. 165.T01-041 Safety Zone: Hastings-on-Hudson Fireworks, Hudson

River, New York.

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

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

approximate position 40 deg.59'44.5''N 073 deg.53'25''W (NAD 1983),

approximately 335 yards west of Hastings-on-Hudson, New York and

approximately 500 yards west of City Hall.

(b) Effective period. This section is effective from 8:30 p.m.

until 10 p.m. on July 3, 1999. If the event is cancelled due to

inclement weather, then this section is effective from 8:30 p.m. until

10 p.m. on July 5, 1999.

(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 27, 1999.

R.E. Bennis,

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

[FR Doc. 99-11689 Filed 5-7-99; 8:45 am]

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