[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Rules and Regulations]
[Pages 42788-42790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20366]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-011]
RIN 2115-AA97
Safety Zone: Annual Rensselaer Festival Fireworks Display, Hudson
River, NY
agency: Coast Guard, DOT.
action: Final rule.
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summary: The Coast Guard is establishing a permanent safety zone for
[[Page 42789]]
the annual Rensselaer Festival fireworks program located on the Hudson
River, New York. The safety zone is in effect annually on the third
Saturday in September from 8:30 p.m. until 10 p.m., unless extended or
terminated sooner by the Captain of the Port New York. The safety zone
temporarily closes all waters of the Hudson River, shore to shore,
north of 42 deg.38'12'' N latitude (NAD 1983) and south of the Dunn
Memorial Bridge, Albany, New York.
effective date: This rule is effective on September 18, 1995.
for further information contact: Lieutenant (Junior Grade) K.
Messenger, Maritime Planning Staff Chief, Coast Guard Group New York
(212) 668-7934.
SUPPLEMENTARY INFORMATION:
Drafting Information. The drafters of this notice are LTJG K.
Messenger, Project Manager, Coast Guard Group New York and CDR J.
Stieb, Project Attorney, First Coast Guard District, Legal Office.
Regulatory History
On April 3, 1995, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register (60 FR 16821). Interested
persons were requested to submit comments on or before June 2, 1995. No
comments were received. A public hearing was not requested and one was
not held. The Coast Guard is promulgating this final rule as proposed.
Background and Purpose
For the last several years, the City of Rensselaer has submitted an
Application for Approval of Marine Event to hold a fireworks program in
the Hudson River. This regulation establishes a permanent safety zone
in all waters of the Hudson River, shore to shore, north of
42 deg.38'12'' N latitude (NAD 1983) and south of the Dunn Memorial
Bridge, Albany, New York. The safety zone is in effect annually on the
third Saturday in September from 8:30 p.m. until 10 p.m., unless
extended or terminated sooner by the Captain of the Port New York. The
safety zone prevents vessels from transiting this portion of the Hudson
River and is needed to protect mariners from the hazards associated
with fireworks exploding in the area.
This permanent regulation will provide notice to mariners that this
event occurs annually at the same location, on the same day and time,
allowing them to plan transits accordingly. The effective period of the
safety zone will be announced annually via Safety Marine Information
Broadcasts and by locally issued notices.
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 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 regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of DOT is unnecessary. The safety zone closes a portion
of the Hudson River, shore to shore, in Albany, New York, to vessel
traffic annually on the third Saturday in September, from 8:30 p.m.
until 10 p.m., unless extended or terminated sooner by the Captain of
the Port New York. Although this regulation prevents traffic from
transiting the area, the effect of this regulation is not significant
for several reasons: the duration of the event is limited; the event is
at a late hour; the event has been held annually for the past several
years without incident or complaint; and the extensive, advance
advisories which will be made to allow recreational and commercial
traffic to make necessary transits before or after the event.
Accordingly, the Coast Guard expects the economic impact of this
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 regulation 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 the reasons set forth 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 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).
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 raise 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. of Commandant
Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, it is
categorically excluded from further environmental documentation. A
Categorical Exclusion Determination and Environmental Analysis
Checklist are included in the docket. An appropriate environmental
analysis of the fireworks programs under the National Environmental
Policy Act will be conducted in conjunction with the marine event
permitting process each year.
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, 6.04-6, and 160.5; 49 CFR 1.46.
2. Section 165.167, is added to read as follows:
Sec. 165.167 Safety Zone; Annual Rensselaer Festival Fireworks
Display, Hudson River, New York.
(a) Location. The safety zone includes the waters of the Hudson
River, shore to shore, north of 42 deg.38'12'' N latitude (NAD 1983)
and south of the Dunn Memorial Bridge, Albany, New York.
(b) Effective period. This section is in effect annually on the
third Saturday in September from 8:30 p.m. until 10 p.m., unless
extended or terminated sooner by the Captain of the Port New York. The
effective period will be announced annually via Safety Marine
Information Broadcasts and locally issued notices.
(c) Regulations.
(1) The general regulations contained in 33 CFR 165.23 apply.
[[Page 42790]]
(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.
Dated: August 10, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 95-20366 Filed 8-16-95; 8:45 am]
BILLING CODE 4910-14-M
