[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Rules and Regulations]
[Pages 42677-42678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21030]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-97-063]
RIN 2121-AA97
Safety Zone: Albany Bicentennial Fireworks, Hudson River, Troy,
NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Albany Bicentennial Fireworks program. The safety zone will close
all waters of the Hudson River, shore to shore, south of the Green
Island Bridge and north of the Congress Street Bridge, Troy, New York.
The safety zone is necessary to protect the maritime public from the
hazards associated with fireworks launched from a barge in the Hudson
River.
DATES: This final rule is effective from 8:45 p.m. until 10:15 p.m. on
August 10, 1997.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Dave Gefell, Waterways Oversight Branch,
Coast Guard Activities New York, (718) 354-4195, 212 Coast Guard Drive,
Staten Island, New York 10305.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
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 that
conclusive information for this event was received, there was
insufficient time to draft and publish an NPRM. Following normal
rulemaking procedures would cause the event to be delayed or cancelled
and would be contrary to the public interest since the event is
intended for public entertainment.
Background and Purpose
On July 15, 1997, the Albany Bicentenary Commission submitted an
application to hold a fireworks program in the Hudson River for the
purpose of celebrating the 200th birthday of the city of Albany. 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 launched from a barge. This regulation establishes a
temporary safety zone in all waters of the Hudson River, shore to
shore, south of the Green Island Bridge and north of the Congress
Street Bridge, Troy, New York. The safety zone is in effect from 8:45
p.m. until 10:15 p.m. on August 10, 1997.
Regulatory Evaluation
This temporary 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 proposal to be so minimal that a full Regulatory
Evaluation under paragraph 10(e) of the regulatory policies and
procedures of DOT is unnecessary. Although this regulation would
prevent traffic from transiting this area, the effect of this
regulation would not be significant. This finding is based on the
following: the duration of the event is limited, the limited vessel
traffic in the area, the event is at a late hour, and extensive,
advance advisories will be made.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard must consider whether this proposal 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 less than
50,000. For the reasons discussed in the Regulatory Evaluation section
above, the Coast Guard expects this rule will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This rule does not provide for a collection of information
requirement under the Paperwork Reduction Act (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that it
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. of Commandant
Instruction M16475.1B, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under FOR FURTHER INFORMATION CONTACT.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, Waterways.
Regulation
For the reasons discussed 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.T01-063, is added to read as follows:
Sec. 165.T01-063 Safety Zone; Albany Bicentennial Fireworks Display,
Hudson River, New York.
(a) Location. All waters of the Hudson River, shore to shore, south
of the Green Island Bridge and north of the Congress Street Bridge,
Troy, New York.
(b) Effective period. This safety zone is in effect on August 10,
1997, from 8:45 p.m. until 10:15 p.m.
(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. 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.
[[Page 42678]]
Dated: August 1, 1997.
Richard C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 97-21030 Filed 8-7-97; 8:45 am]
BILLING CODE 4910-14-M
