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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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: This rule is effective from 7:45 p.m. e.s.t. to 9:15 p.m. e.s.t.

on December 17, 1999. There is no rain date for this event.

ADDRESSES: Comments and material received from the public, as well as

documents indicated in this preamble as being available in the docket,

are part of docket (CGD01-99-180) and are available for inspection or

copying at Waterways Oversight Branch, Coast Guard Activities New York,

212 Coast Guard Drive, Staten Island, New York 10305, room 205, 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:

Regulatory Information

On October 29, 1999, we published a notice of proposed rulemaking

(NPRM) entitled Safety Zone: Ambassador Construction Fireworks, Hudson

River, Anchorage Channel in the Federal Register (64 FR 58366). We

received no letters commenting on the proposed rule. No public hearing

was requested, and none was held.

Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause

exists for making this rule effective less than 30 days after

publication in the Federal Register. Due to the date the Application

for Approval of Marine Event was received, there was insufficient time

to promulgate a NPRM and a final rule that would be effective at least

30 days after it was published. The Coast Guard published an NPRM with

a 30-day comment period, but this did not leave sufficient time to

publish the final rule 30 days before it's effective date. Any delay

encountered in this regulation's effective date would be unnecessary

and contrary to public interest since immediate action is needed to

prevent traffic from transiting a portion of the Hudson River and

Anchorage Channel, Manhattan, New York, and provide for the safety of

life on navigable waters. Additionally, this temporary safety zone is

only for a one and a half hour long local event and it should have

negligible impact on vessel transits due to the fact that vessels can

safely transit around the zone and they are not precluded from using

any portion of the waterway except the safety zone area itself. The

public was notified of this event when the NPRM was published in the

Local Notice to Mariners on November 4, 1999.

Background and Purpose

Bay Fireworks submitted an Application for Approval of a Marine

Event for a fireworks display on the Hudson River. This 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

temporary safety zone is in effect from 7:45 p.m. e.s.t. to 9:15 p.m.

e.s.t. on December 17, 1999. There is no rain date for this event.

After publication of the NPRM the sponsor requested the start time of

the event be changed from 8:15 p.m. e.s.t. to 7:45 p.m. e.s.t. The

Coast Guard Captain of the Port, New York does not anticipate any

negative impact from this and has authorized the time change. The

temporary 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 limited the comment period for this NPRM to

30 days because the temporary safety zone is only for a one and a half

hour long local event and it should have negligible impact on vessel

transits.

Discussion of Comments and Changes

The Coast Guard received no letters commenting on the proposed

rulemaking. One change was made to the proposed rule. After publication

of the NPRM the sponsor requested the starting time of the event be

changed from 8:15 p.m. e.s.t. to 7:45 p.m. e.s.t. The Coast Guard

Captain of the Port, New York does not anticipate any negative impact

from this and has authorized the time change. The Coast Guard does not

consider this half-hour earlier starting time to be a material change,

therefore a supplemental notice of proposed rulemaking was not

published.

Regulatory Evaluation

This 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. The

Office of Management and Budget has not reviewed it 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 final 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. 601-612), we

considered whether this rule would have a significant economic impact

on a

[[Page 70588]]

substantial number of small entities. The term ``small entities''

comprises 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.

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

not have a significant economic impact on a substantial number of small

entities.

This rule would affect the following entities, some of which might

be small entities: the owners or operators of vessels intending to

transit through the affected portion of the Hudson River and Anchorage

Channel during the times this zone is activated.

This safety zone would not have a significant economic impact on a

substantial number of small entities for the following reasons: Vessel

traffic can safely pass 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. Additionally, vessels are

not precluded from getting underway, or mooring at, piers at The

Battery, Manhattan. Before the effective period, we will issue maritime

advisories widely available to users of the Port of New York/New Jersey

by the local notice to mariners, and marine information broadcasts.

Collection of Information

This rule calls for no new collection of information under the

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

We have analyzed this rule under Executive Order 13132 and have

determined that this rule does not have implications for federalism

under that Order.

The Coast Guard Captain of the Port, New York does not anticipate

implications for federalism due to the change of the event starting

time from 8:15 p.m. e.s.t. to 7:45 p.m. e.s.t.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)

governs the issuance of Federal regulations that require unfunded

mandates. An unfunded mandate is a regulation that requires a State,

local, or tribal government or the private sector to incur direct costs

without the Federal Government's having first provided the funds to pay

those unfunded mandate costs. This rule will not impose an unfunded

mandate. No comments were received during the comment period regarding

Unfunded Mandates. The Coast Guard Captain of the Port, New York does

not anticipate implications on Unfunded Mandates due to the change of

the event starting time from 8:15 p.m. e.s.t. to 7:45 p.m. e.s.t.

Taking of Private Property

This rule will not effect a taking of private property or otherwise

have taking implications under E.O. 12630, Governmental Actions and

Interference with Constitutionally Protected Property Rights. No

comments were received during the comment period regarding the Taking

of Private Property. The Coast Guard Captain of the Port, New York does

not anticipate implications for Taking of Private Property due to the

change of the event starting time from 8:15 p.m. e.s.t. to 7:45 p.m.

e.s.t.

Civil Justice Reform

This rule meets applicable standards in sections 3(a) and 3(b)(2)

of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate

ambiguity, and reduce burden. No comments were received during the

comment period regarding Civil Justice Reform. The Coast Guard Captain

of the Port, New York does not anticipate implications for Civil

Justice Reform due to the change of the event starting time from 8:15

p.m. e.s.t. to 7:45 p.m. e.s.t.

Protection of Children

We have analyzed this rule under E.O. 13045, Protection of Children

from Environmental Health Risks and Safety Risks. This rule is not an

economically significant rule and does not concern an environmental

risk to health or risk to safety that may disproportionately affect

children.

Environment

The Coast Guard considered the environmental impact of this 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. This rule fits category 34(g) since

implementation of this action will not result in any significant

cumulative impacts on the human environment, substantial controversy or

substantial change to existing environmental conditions, impacts which

are more than minimal on properties protected under 4(f) of the DOT Act

as superseded by Public Law 97-449, and section 106 of the National

Historic Preservation Act, and inconsistencies with any Federal, State,

or local laws or administrative determinations relating to the

environment. A ``Categorical Exclusion Determination'' is available in

the docket for inspection or copying where indicated under ADDRESSES.

The Coast Guard received no comments during the comment period

regarding Environmental Impacts. The Coast Guard Captain of the Port,

New York does not anticipate implications on the environment due to the

change of the event starting time from 8:15 p.m. e.s.t. to 7:45 p.m.

e.s.t.

List of Subjects

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

recordkeeping requirements, Security measures, Waterways.

For the reasons discussed in the preamble, the Coast Guard amends

33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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 7:45 p.m.

e.s.t. to 9:15 p.m. e.s.t. 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: December 10, 1999.

R.E. Bennis,

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

[FR Doc. 99-32844 Filed 12-15-99; 12:17 pm]

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