[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-20718] [[Page Unknown]] [Federal Register: August 24, 1994] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 165 [CGD01-94-108] RIN 2115-AA97 Safety Zone; Rensselaer Fest '94 Fireworks, Hudson River, NY agency: Coast Guard, DOT. action: Notice of proposed rulemaking. ----------------------------------------------------------------------- summary: The Coast Guard proposes to establish a safety zone for the Rensselaer Fest '94 Fireworks program in the Hudson River. The event, sponsored by the City of Rensselaer, will take place on Saturday, September 24, 1994, from 8:30 p.m. until 10 p.m., unless terminated sooner by the Captain of the Port, New York, and will temporarily close all waters of the Hudson River, shore to shore, north of the 42 deg.38'12''N line of latitude, and south of the Dunn Memorial Bridge. This safety zone will preclude vessel traffic from transiting a portion of the Hudson River and 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 September 23, 1994. addresses: Comments should be mailed to Commander, Coast Guard Group New York, Bldg. 108, Governors Island, New York 10004-5096, or may be delivered to the Waterways Management Office, 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 Office 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: Lieutenant R. Trabocchi, Waterways Management Officer, Coast Guard Group 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. A 30 day comment period is deemed to be sufficiently reasonable, prior notice to all interested persons. Since this proposed rulemaking is neither complex nor technical, a longer comment period is unnecessary and contrary to the public interest. Any delay in publishing a final rule would effectively cancel this event. Persons submitting comments should include their names and addresses, identify this notice (CGD01-94-108) 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, persons may request a public hearing 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 The City of Rensselaer submitted a request to sponsor a fireworks program in the Hudson River on September 24, 1994. This proposed regulation would establish a safety zone that would temporarily close a portion of the Hudson River to protect the boating public from the hazards associated with fireworks exploding in the area. No vessel would be allowed to enter or move within this area unless permitted to do so by the Coast Guard Captain of the Port, New York. Discussion of Proposed Amendments The Coast Guard proposes to establish a safety zone in the Hudson River, New York. This safety zone will be in effect from 8:30 p.m. until 10 p.m. on September 24, 1994, unless terminated sooner by the Captain of the Port, New York and will temporarily close all waters of the Hudson River, shore to shore, north of the 42 deg.38'12''N lien of latitude, and south of the Dunn Memorial Bridge. This regulation, if adopted, will preclude vessels from transiting the Hudson River. Closure of this portion of the Hudson River is necessary to protect the boating public from the hazards associated with fireworks exploding in the area. Regulatory Evaluation This proposal 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 proposal 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 would temporarily close all waters of the Hudson River, shore to shore, north of the 42 deg.38'12''N line of latitude, and south of the Dunn Memorial Bridge. Although this regulation will prevent traffic from transiting this area, the effect of this regulation will not be significant for several reasons. This has been an annual event and mariners are accustomed to the temporary closure of this portion of the Hudson River. Due to the fact that the event is limited in duration, that the event is at a late hour on a Saturday, and that extensive, advance advisories will be made to the maritime community to allow mariners to adjust their schedules to transit the area before or after the event, the impact of this regulation is expected to be minimal. 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 set forth in the above Regulatory Evaluation, 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 this regulation 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.T01-108, is added to read as follows: Sec. 165.T01-108 Rensselaer Fest '94 Fireworks, Hudson River, NY (a) Location. All waters of the Hudson River, shore to shore, north of the 42 deg.38'12'' N line of latitude, and south of the Dunn Memorial Bridge. (b) Effective period. This section will be effective from 8:30 p.m. until 10 p.m. on September 24, 1994, unless terminated sooner by the Captain of the Port, New York. (c) Regulations. (1) The general regulations contained in 33 CFR Section 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. Dated: August 11, 1994. T.H. Gilmour, Captain, U.S. Coast Guard, Captain of the Port, New York. [FR Doc. 94-20718 Filed 8-23-94; 8:45 am] BILLING CODE 4910-14-M