[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Rules and Regulations]
[Pages 42788-42790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20366]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-011]
RIN 2115-AA97


Safety Zone: Annual Rensselaer Festival Fireworks Display, Hudson 
River, NY

agency: Coast Guard, DOT.

action: Final rule.

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summary: The Coast Guard is establishing a permanent safety zone for 

[[Page 42789]]
the annual Rensselaer Festival fireworks program located on the Hudson 
River, New York. The safety zone is in effect annually on the third 
Saturday in September from 8:30 p.m. until 10 p.m., unless extended or 
terminated sooner by the Captain of the Port New York. The safety zone 
temporarily closes all waters of the Hudson River, shore to shore, 
north of 42 deg.38'12'' N latitude (NAD 1983) and south of the Dunn 
Memorial Bridge, Albany, New York.

effective date: This rule is effective on September 18, 1995.

for further information contact: Lieutenant (Junior Grade) K. 
Messenger, Maritime Planning Staff Chief, Coast Guard Group New York 
(212) 668-7934.

SUPPLEMENTARY INFORMATION:

    Drafting Information. The drafters of this notice are LTJG K. 
Messenger, Project Manager, Coast Guard Group New York and CDR J. 
Stieb, Project Attorney, First Coast Guard District, Legal Office.

Regulatory History

    On April 3, 1995, the Coast Guard published a notice of proposed 
rulemaking (NPRM) in the Federal Register (60 FR 16821). Interested 
persons were requested to submit comments on or before June 2, 1995. No 
comments were received. A public hearing was not requested and one was 
not held. The Coast Guard is promulgating this final rule as proposed.

Background and Purpose

    For the last several years, the City of Rensselaer has submitted an 
Application for Approval of Marine Event to hold a fireworks program in 
the Hudson River. This regulation establishes a permanent safety zone 
in all waters of the Hudson River, shore to shore, north of 
42 deg.38'12'' N latitude (NAD 1983) and south of the Dunn Memorial 
Bridge, Albany, New York. The safety zone is in effect annually on the 
third Saturday in September from 8:30 p.m. until 10 p.m., unless 
extended or terminated sooner by the Captain of the Port New York. 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 exploding in the area.
    This permanent regulation will provide notice to mariners that this 
event occurs annually at the same location, on the same day and time, 
allowing them to plan transits accordingly. The effective period of the 
safety zone will be announced annually via Safety Marine Information 
Broadcasts and by locally issued notices.

Regulatory Evaluation

    This regulation 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 regulation to be so minimal that a full 
Regulatory Evaluation under paragraph 10(e) of the regulatory policies 
and procedures of DOT is unnecessary. The safety zone closes a portion 
of the Hudson River, shore to shore, in Albany, New York, to vessel 
traffic annually on the third Saturday in September, from 8:30 p.m. 
until 10 p.m., unless extended or terminated sooner by the Captain of 
the Port New York. Although this regulation prevents traffic from 
transiting the area, the effect of this regulation is not significant 
for several reasons: the duration of the event is limited; the event is 
at a late hour; the event has been held annually for the past several 
years without incident or complaint; and the extensive, advance 
advisories which will be made to allow recreational and commercial 
traffic to make necessary transits before or after the event. 
Accordingly, the Coast Guard expects the economic impact of this 
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 regulation 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 the reasons set forth 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 regulation will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This regulation 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 regulation 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.e. of Commandant 
Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, it is 
categorically excluded from further environmental documentation. A 
Categorical Exclusion Determination and Environmental Analysis 
Checklist are included in the docket. An appropriate environmental 
analysis of the fireworks programs under the National Environmental 
Policy Act will be conducted in conjunction with the marine event 
permitting process each year.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Final Regulation

    For reasons set out in the preamble, the Coast Guard amends 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. Section 165.167, is added to read as follows:


Sec. 165.167  Safety Zone; Annual Rensselaer Festival Fireworks 
Display, Hudson River, New York.

    (a) Location. The safety zone includes the waters of the Hudson 
River, shore to shore, north of 42 deg.38'12'' N latitude (NAD 1983) 
and south of the Dunn Memorial Bridge, Albany, New York.
    (b) Effective period. This section is in effect annually on the 
third Saturday in September from 8:30 p.m. until 10 p.m., unless 
extended or terminated sooner by the Captain of the Port New York. The 
effective period will be announced annually via Safety Marine 
Information Broadcasts and locally issued notices.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply.

[[Page 42790]]

    (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 10, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 95-20366 Filed 8-16-95; 8:45 am]
BILLING CODE 4910-14-M