Safety Zone: Ambassador Construction Fireworks, Hudson River, Anchorage Channel

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-180]

RIN 2115-AA97

Safety Zone: Ambassador Construction Fireworks, Hudson River,

Anchorage Channel

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 Ambassador Construction 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 29,

1999.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch

(CGD01-99-180), 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 (CGD01-99-180) 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

[[Page 58367]]

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

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 and Anchorage Channel within a 360-yard radius of the

fireworks barge in approximate position 40 deg.42'00'' N

074 deg.01'17'' W (NAD 1983), about 340 yards south of The Battery,

Manhattan, New York. The proposed safety zone would be effective from

8:30 p.m. until 10 p.m. on December 17, 1999. There is no rain date for

this event. The proposed safety zone prevents vessels from transiting a

portion of the Hudson River and Anchorage Channel, 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 780 yards of the 1400-yard wide Hudson River, the

eastern 300 yards of the 730-yard wide Anchorage Channel, and the East

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 the Ambassador Construction

Fireworks display held on the Hudson River at The Battery, Manhattan,

New York. This event will be held on Friday, December 17, 1999. There

is no rain date for this event. 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 and

Anchorage Channel 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 at The Battery, Manhattan, that

vessels may safely transit through the Hudson River and Anchorage

Channel during the event, 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 (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:

[[Page 58368]]

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; 49 CFR 1.46.

2. Add temporary Sec. 165.T01-180 to read as follows:

Sec. 165.T01-180 Safety Zone: Ambassador Construction Fireworks,

Hudson River, Anchorage Channel.

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

the Hudson River and Anchorage Channel within a 360-yard radius of the

fireworks barge in approximate position 40 deg.42'00'' N

074 deg.01'17'' W (NAD 1983), about 340 yards south of The Battery,

Manhattan, New York.

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

10 p.m. on December 17, 1999. 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 means, the operator of a vessel shall proceed

as directed.

Dated: October 21, 1999.

R. E. Bennis,

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

[FR Doc. 99-28381 Filed 10-28-99; 8:45 am]

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