[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