[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]


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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.

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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