[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Rules and Regulations]
[Pages 28098-28100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13157]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD01-98-163]
RIN 2115-AE46
Special Local Regulations: Fleet's Albany Riverfest, Hudson
River, New York
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing permanent special local
regulations for the annual Fleet's Albany Riverfest. 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 the
Hudson River, in the vicinity of Albany, New York.
DATES: This final rule is effective June 24, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at Coast Guard Activities New York, 212 Coast
Guard Drive, room 205, Staten Island, New York 10305, between 8 a.m.
and 3 p.m., Monday through Friday, except Federal holidays. The
telephone number is (718) 354-4193.
FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways
Oversight Branch, Coast Guard Activities New York (718) 354-4193.
SUPPLEMENTARY INFORMATION:
Regulatory History
On February 1, 1999, the Coast Guard published a notice of proposed
rulemaking (NPRM), entitled Special Local Regulations: Fleet's Albany
Riverfest, Hudson River, New York in the Federal Register (64 FR 4814).
The Coast Guard received no letters commenting on the proposed
rulemaking. No public hearing was requested, and none was held.
Background and Purpose
The City of Albany sponsors this annual festival which includes a
water ski show, speedboat demonstration, and
[[Page 28099]]
other marine activities on the Hudson River. The sponsor expects no
spectator craft for this event. The regulated area for this festival
encompasses all waters of the Hudson River from the Dunn Memorial
Bridge (river mile 145.4) to the Albany Rensselaer Swing Bridge (river
mile 146.2). The regulation is effective annually from 12 p.m. until 4
p.m. on the third Saturday and Sunday of July. The regulation prohibits
all vessels, swimmers, and personal watercraft not participating in the
event from transiting this portion of the Hudson River during the
festival. It is needed to protect boaters from the hazards associated
with a water ski show, speedboat demonstration, and other marine
activities being held in the area. Marine traffic will be able to
transit through the regulated area for 30 minutes during the event.
Public notifications for the transit time will be made prior to the
event via the Local Notice to Mariners and marine information
broadcasts.
Discussion of Comments and Changes
The Coast Guard received no letters commenting on the proposed
rulemaking. No changes were made to the proposed rule.
Regulatory Evaluation
This final 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 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
Hudson River during the event, the effect of this regulation will not
be significant for several reasons: the limited duration that the
regulated area will be in effect, marine traffic will be able to
transit through the regulated area for 30 minutes during the event; the
Port Commissioner's office for the Port of Albany has stated there is
infrequent commercial traffic north of the Dunn Memorial Bridge (river
mile 145.4); commercial vessels can plan their transits up the river
around the time the regulated area is in effect as they will have
advance notice of the event; it is an annual event with local support;
and advance notifications 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 considered whether this rule 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 the reasons stated in the Regulatory Evaluation section above,
the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule
will not have a significant economic impact on a substantial number of
small entities.
Collection of Information
This final 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 final rule under the principles
and criteria contained in Executive Order 12612 and has determined that
this final 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
final rule does not impose Federal mandates on any State, local, or
tribal governments, or the private sector.
Environment
In accordance with agency procedures for implementing the National
Environmental Policy Act (NEPA), the Coast Guard has considered the
environmental impact of the Special Local Regulations together with the
impacts of the marine event with which it is associated. In accordance
with these NEPA implementing procedures, listed in Commandant
Instruction M16475.1C, Figure 2-1, paragraph (34)(h) and (35)(a) this
final rule is categorically excluded from further environmental
analysis and documentation.
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 final rule and reached the following
conclusions:
E.O. 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights. This 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 rule
will not impose, on any State, local, or tribal government, a mandate
that is not required by statute and that is not funded by the Federal
government.
E.O. 12988, Civil Justice Reform. This 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 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Regulation
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 100 as follows:
PART 100--[AMENDED]
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR
100.35.
2. Add Sec. 100.122 to read as follows:
Sec. 100.122 Fleet's Albany Riverfest, Hudson River, New York.
(a) Regulated Area. All waters of the Hudson River from the Dunn
Memorial Bridge (river mile 145.4) to the Albany Rensselaer Swing
Bridge (river mile 146.2).
(b) Regulations. (1) Vessels, swimmers, and personal watercraft of
[[Page 28100]]
any nature not participating in this event are prohibited from entering
or moving within the regulated area unless authorized by the Patrol
Commander.
(2) Marine traffic will be able to transit through the regulated
area for 30 minutes during the event. Public notifications for the
transit time will be made prior to the event via the Local Notice to
Mariners and marine information broadcasts.
(3) 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.
(c) Effective period. This section is in effect annually from 12
p.m. until 4 p.m. on the third Saturday and Sunday of July.
Dated: May 10, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 99-13157 Filed 5-24-99; 8:45 am]
BILLING CODE 4910-15-M
