[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