[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Rules and Regulations]
[Pages 42677-42678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21030]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-97-063]
RIN 2121-AA97


Safety Zone: Albany Bicentennial Fireworks, Hudson River, Troy, 
NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Albany Bicentennial Fireworks program. The safety zone will close 
all waters of the Hudson River, shore to shore, south of the Green 
Island Bridge and north of the Congress Street Bridge, Troy, New York. 
The safety zone is necessary to protect the maritime public from the 
hazards associated with fireworks launched from a barge in the Hudson 
River.

DATES: This final rule is effective from 8:45 p.m. until 10:15 p.m. on 
August 10, 1997.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Dave Gefell, Waterways Oversight Branch, 
Coast Guard Activities New York, (718) 354-4195, 212 Coast Guard Drive, 
Staten Island, New York 10305.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing an NPRM and for making this regulation effective less than 
30 days after Federal Register publication. Due to the date that 
conclusive information for this event was received, there was 
insufficient time to draft and publish an NPRM. Following normal 
rulemaking procedures would cause the event to be delayed or cancelled 
and would be contrary to the public interest since the event is 
intended for public entertainment.

Background and Purpose

    On July 15, 1997, the Albany Bicentenary Commission submitted an 
application to hold a fireworks program in the Hudson River for the 
purpose of celebrating the 200th birthday of the city of Albany. 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 launched from a barge. This regulation establishes a 
temporary safety zone in all waters of the Hudson River, shore to 
shore, south of the Green Island Bridge and north of the Congress 
Street Bridge, Troy, New York. The safety zone is in effect from 8:45 
p.m. until 10:15 p.m. on August 10, 1997.

Regulatory Evaluation

    This temporary rule 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 not been reviewed 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. Although this regulation would 
prevent traffic from transiting this area, the effect of this 
regulation would not be significant. This finding is based on the 
following: the duration of the event is limited, the limited vessel 
traffic in the area, the event is at a late hour, and extensive, 
advance advisories will be made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations less than 
50,000. For the reasons discussed in the Regulatory Evaluation section 
above, the Coast Guard expects this rule will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This rule does not provide for a collection of information 
requirement under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that it 
does not have 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, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying where indicated 
under FOR FURTHER INFORMATION CONTACT.

List of Subjects in 33 CFR Part 165

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

Regulation

    For the reasons discussed 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.T01-063, is added to read as follows:


Sec. 165.T01-063  Safety Zone; Albany Bicentennial Fireworks Display, 
Hudson River, New York.

    (a) Location. All waters of the Hudson River, shore to shore, south 
of the Green Island Bridge and north of the Congress Street Bridge, 
Troy, New York.
    (b) Effective period. This safety zone is in effect on August 10, 
1997, from 8:45 p.m. until 10:15 p.m.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (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.


[[Page 42678]]


    Dated: August 1, 1997.
Richard C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 97-21030 Filed 8-7-97; 8:45 am]
BILLING CODE 4910-14-M