Safety Zone: Christmas Party Fireworks, Hudson River, Manhattan, New York

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-179]

RIN 2115-AA97

Safety Zone: Christmas Party Fireworks, Hudson River, Manhattan,

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

on the Hudson River for the Christmas Party 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 reach the Coast Guard on or before November 24,

1999.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch

(CGD01-99-179), 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 (CGD01-99-179) 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

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 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), about

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

zone would be effective from 8:30 p.m. until 10 p.m. on December 14,

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 December 15, 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 eastern 150 yards of

the 850-yard wide Hudson River during the event. 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 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. The

Coast Guard expects to receive no comments on this NPRM due to the

limited duration of the event and the fact that it should not interfere

with vessel transits.

Discussion of Proposed Rule

The proposed safety zone is for a Christmas Party Fireworks display

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

York. This event will be held on Tuesday, December 14, 1999. If the

event is canceled due to inclement weather, then the event will be held

on Wednesday, December 15, 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 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 governmental jurisdictions with

populations of less than 50,000.

[[Page 57419]]

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

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 would 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 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.

List of Subjects in 33 CFR Part 165

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

6.04-1, 6.04.6, 160.5; 59 CFR 1.46.

2. Add temporary Sec. 165.T01-179 to read as follows:

Sec. 165.T01-179 Safety Zone: Christmas Party Fireworks, Hudson River,

Manhattan, 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.44'49''N 074 deg.01'02''W (NAD 1983), about

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

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

10 p.m. on December 14, 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 December 15, 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: October 18, 1999.

R.E. Bennis,

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

[FR Doc. 99-27736 Filed 10-22-99; 8:45 am]

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