[Federal Register Volume 59, Number 81 (Thursday, April 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10173]
[Federal Register: April 28, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGDO1-94-021]
RIN 2115-AA97
Safety Zone: Empire State Regatta 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 at Albany, New York, for the Empire State Regatta
Fireworks program. This event, sponsored by Empire State Regatta Inc.,
will take place on Saturday, June 11, 1994, from 9 p.m. until 10:15
p.m. This safety zone, located in the Hudson River at Albany, New York,
is needed to protect the boating public from the hazards associated
with fireworks exploding in the area.
DATES: Comments must be received on or before May 31, 1994.
ADDRESSES: Comments should be mailed to Captain of the Port, New York,
bldg. 108, Governors Island, New York 10004-5096, or may be delivered
to the Waterways Management Branch, Bldg. 108, between 8 a.m. and 4:30
p.m., Monday through Friday, except Federal holidays.
Any person wishing to visit the office must contact the Waterways
Management Branch at (212) 668-7933 to obtain advance clearance due to
the fact that Governors Island is a military installation with limited
access.
FOR FURTHER INFORMATION CONTACT:
LT. R. Trabocchi, Project Manager, Captain of the Port, New York, (212)
668-7933.
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 notice (CGDO1-94-021) and the specific section of the
proposal to which their comments apply, and give reasons for each
comment. Persons wanting acknowledgment of receipt of comments should
enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing, however, a public hearing may
be requested by writing to the Project Manager at the address under
ADDRESSES. If it is determined 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.
Drafting Information
The drafters of this notice are LT R. Trabocchi, Project Manager,
Captain of the Port, New York, and CDR J. Astley, Project Attorney,
First Coast Guard District, Legal Office.
Background and Purpose
On March 1, 1994, Empire State Regatta, Inc. submitted a request to
hold a fireworks program in the Hudson River at Albany, New York, in
conjunction with the annual Empire State Regatta. This proposed safety
zone is being established to protect boaters from the hazards
associated with fireworks exploding in the area. No vessel would be
permitted to enter or move within this area unless authorized to do so
by the Coast Guard Captain of the Port, New York.
Discussion of Proposed Amendments
The Coast Guard proposes to establish a temporary safety zone that
will include all waters of the Hudson River within a 300 yard radius of
a point located in land approximately 500 yards south of the New York
Central Railroad Bridge on the eastern side of the Hudson River. This
proposed safety zone will leave the western half of the Hudson River,
including eighty percent of the federal channel open to vessel traffic
for the duration of this event. If adopted this safety zone will be in
effect from 9 p.m. until 10:15 p.m. on June 11, 1994. This proposed
safety zone is needed to protect the boating public from the hazards
associated with fireworks exploding in the area. No vessel would
permitted to enter or move within this area unless authorized by the
Coast Guard Captain of the Port, New York.
Regulatory Evaluation
This rule is a significant regulatory action 12866 and is not
significant under Department of Transportation Regulatory Policies and
Procedures (44 FR 11040; February 26, 1979). Although this event will
close a portion of the Hudson River, the effect of this partial closure
will not be significant for several reasons. Due to the limited
duration of the event, the late hour of the event, the extensive
advisories that will be made to the affected maritime community, and
that all traffic can safely transit to the west of this safety zone,
the Coast Guard expects the economic impact of this proposed regulation
to be so minimal that a Regulatory Evaluation is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under Section 3 of the Small Business Act
(15 U.S.C. 632).
For reasons given in the Regulatory Evaluation, the Coast Guard
expects the impact of this regulation to be minimal. The Coast Guard
certifies under 5 U.S.C. 605(b) that this proposal, if adopted, will
not have a significant economic impact on a substantial number of small
entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501).
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this proposal does not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of these
regulations and concluded that under section 2.B.2.c. of Commandant
Instruction M16475.1B, it is an action under the Coast Guard's
statutory authority to promote maritime safety and protect the
environment, and thus is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination will
be included in the Docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulations
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),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A temporary section, 165.T01-021 will be added to read as
follows:
Sec. 165.T01-021 Empire State Regatta Fireworks, Hudson River, New
York.
(a) Location This temporary safety zone includes all waters of the
Hudson River at Albany, New York, within a 300 yard radius of a point
located on land approximately 500 yards south of the New York Central
Railroad Bridge of the eastern side of the Hudson River at or near
43 deg. 38' 58''N latitude and 73 deg. 44' 35''W longitude.
(b) Effective period This section is effective from 9 p.m. until
10:15 p.m. on June 11, 1994.
(c) Regulatons. (1) The general regulations contained in 33 CFR
165.23 apply to this safety zone.
(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. U.S. Coast Guard patrol personnel include commissioned,
warrant, and petty officers of the Coast Guard. Upon being hailed by a
U.S. Coast Guard vessel via siren, radio, flashing light, or other
means, the operator of a vessel shall proceed as directed. Coast Guard
Auxiliary members may be present to inform vessel operators of this
regulation and other applicable laws.
Dated: April 15, 1994.
T.H. Gilmour,
Captain, U.S. Coast Guard Captain of the Port, New York.
[FR Doc. 94-10173 Filed 4-26-94; 8:45 am]
BILLING CODE 4910-14-M
