[Federal Register Volume 61, Number 108 (Tuesday, June 4, 1996)]
[Rules and Regulations]
[Pages 28055-28057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13859]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-96-023]
RIN 2115-AA97
Safety Zone: Empire State Regatta, Albany, New York
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Empire State Regatta on June 7, 1996, from 12:01 p.m. until 3 p.m.,
and on June 8, 1996, from 6 a.m. until 6 p.m. This safety zone will
temporarily close the Hudson River at Albany, New York, from the
Patroon Island Bridge to the Dunn Memorial Bridge. This safety zone is
necessary to protect the maritime public from the hazards associated
with crew shells racing in lanes and having limited maneuverability
while underway.
EFFECTIVE DATE: This regulation is effective from 12:01 p.m. to 3 p.m.
on
[[Page 28056]]
Friday, June 7, 1996, and from 6 a.m. to 6 p.m. on Saturday, June 8,
1996, unless extended or terminated sooner by the Captain of the Port
New York.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander R. Trabocchi,
Chief, Coordination and Analysis Branch, U.S. Coast Guard Activities
New York (212) 668-7906.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NRPM)
was not published for this regulation. Good cause exists for not
publishing an NPRM and for making this regulation effective less than
30 days after Federal Register publication. Due to the date complete
information regarding this event was received, there was insufficient
time to draft and publish an NPRM. Any delay encountered in this
regulation's effective date would be contrary to public interest since
immediate action is needed to close this waterway and protect the
maritime public from the hazards of crew shells with limited
maneuverability racing in confined waters.
Background and Purpose
The Coast Guard received a request from the Albany Rowing Center to
close a portion of the Hudson River for the Empire State Regatta. This
safety zone closes a portion of the Hudson River, shore to shore, at
Albany, New York, between the Patroon Island Bridge and the Dunn
Memorial Bridge. The start docks and start platform will be installed
on Friday, June 7, 1996, by means of a cable crossing the width of the
river. After 3 p.m., the cable will be sunk and the docks clustered on
the western shoreline of the Hudson River at Albany, New York. Crew
shells will race in designated lanes within the race course on
Saturday, June 8, 1996. Commercial and recreational traffic will be
escorted through the race course by law enforcement vessels. Vessels
desiring escort can contact the on-scene U.S. Coast Guard Patrol
Commander on channel 16 VHF-FM. The times that vessels can be escorted
through the race course are tentative because actual race times are
largely dependent on winds and currents. The tentative times for escort
are 10:10 a.m., 12:30 p.m., and 2:10 p.m.; escort periods are expected
to be no longer than 15 minutes in duration.The safety zone closes all
waters south of the Patroon Island Bridge at 42 deg.39'50'' N latitude;
073 deg.43'45'' W longitude (NAD 1983) and north of the Dunn Memorial
Bridge at 42 deg.38'43'' N latitude; 073 deg.44'51'' W longitude (NAD
1983), Albany, New York. This safety zone precludes all vessels not
participating in the event from transiting this portion of the Hudson
River and is needed to protect mariners from the hazards of crew shells
with limited maneuverability racing in confined waters. Participating
vessels include race participants and race committee craft. All other
vessels, swimmers, and personal watercraft of any nature are precluded
from entering or moving within the safety zone without permission of
the Captain of the Port New York.
Regulatory Evaluation
This regulation 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 been exempted from review by the Office of
Management and Budget under that order. It is not significant under
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 regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of DOT is unnecessary. This safety zone closes the
Hudson River, shore to shore, south of the Patroon Island Bridge and
north of the Dunn Memorial Bridge, Albany, New York, from 12:01 p.m. to
3 p.m. on Friday, June 7, 1996, and from 6 a.m. to 6 p.m. on Saturday,
June 8, 1996, unless extended or terminated sooner by the Captain of
the Port, New York. Although this regulation prevents traffic from
transiting this area, the effect of this regulation is not significant
for several reasons: this is an annual event with local support and has
been held for the past several years without incident or complaint, the
closure of the river has been reduced from three days to two days this
year, vessel traffic will have greater opportunities to transit during
the effective period of this regulation due to modifications to the
race course, and the notifications that will be made to the maritime
community via local notices to mariners.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this regulation will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) government jurisdictions with
populations less than 50,000.
For the reasons given in the Regulatory Evaluation, the Coast Guard
certifies under 5 U.S.C. 605(b) that this regulation will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This regulation contains no collection-of-information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq).
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 regulation does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that, under section 2.B.2.e. (34)(g) of
Commandant Instruction M16475.1B, (as revised by 59 FR 38654, July 29,
1994), the promulgation of this regulation is categorically excluded
from further environmental documentation. A Categorical Exclusion
Determination and Environmental Analysis Checklist are included in the
docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final Regulation
For reasons set out in the preamble, the Coast Guard amends 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, 6.046-6, and 160.5; 49 CFR 1.46.
2. A temporary section, 165.T01-023, is added to read as follows:
Sec. 165.T01-023 Safety Zone: Empire State Regatta, Hudson River,
Albany, New York.
(a) Location. The waters of Hudson River, Albany, New York, shore
to shore, south of the Patroon Island Bridge at 42 deg.39'50'' N
latitude; 073 deg.43'45'' W longitude, (NAD 1983) and north of the Dunn
Memorial Bridge at 42 deg.38'43'' N latitude; 073 deg.44'51'' W
longitude (NAD 1993).
[[Page 28057]]
(b) Effective period. This section is effective from 12:01 p.m.
until 3 p.m. on June 7, 1996, and from 6 a.m. to 6 p.m. on June 8,
1996, unless extended or terminated sooner by the Captain of the Port,
New York.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply to this safety zone.
(2) Vessels not participating in this event, swimmers, and personal
watercraft of any nature are precluded from entering or moving within
the safety zone without permission from the Captain of the Port New
York.
(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.
Dated: May 9, 1996.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 96-13859 Filed 6-3-96; 8:45 am]
BILLING CODE 4910-14-M
