[Federal Register Volume 64, Number 20 (Monday, February 1, 1999)]
[Proposed Rules]
[Pages 4814-4815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2274]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-98-163]


Special Local Regulations: Fleet's Albany Riverfest, Hudson 
River, New York

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposed to establish permanent special local 
regulations for the annual Fleet's Albany Riverfest. This action is 
necessary to provide for the safety of life on navigable waters during 
the event. This action is intended to restrict vessel traffic in the 
Hudson River, in the vicinity of Albany, New York.

DATES: Comments must be received on or before April 2, 1999.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch 
(CGD01-98-163), Coast Guard Activities New York, 212 Coast Guard Drive, 
Staten Island, New York 10305, or deliver them to room 205 at the same 
address between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.
    The Waterways Oversight Branch of Coast Guard Activities New York 
maintains the public docket for this rulemaking. Comments, and 
documents as indicated in this preamble, will become part of this 
docket and will be available for inspection or copying at room 205, 
Coast Guard Activities New York, between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutentant J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4193.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD01-98-163) and the specific section of 
this document to which each comment applies, and give the reason for 
each comment. please submit two copies of all comments and attachments 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Waterways Oversight Branch at the 
address under ADDRESSES. The request should include the reasons why a 
hearing would be beneficial. If it determines 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.

Background and Purpose

    The city of Albany sponsors this annual festival which includes a 
water ski show, speedboat demonstration, and other marine activities on 
the Hudson River. The sponsor expects no spectator craft for this 
event. The regulated area for this festival encompasses all waters of 
the Hudson River from the Dunn Memorial Bridge (river mile 145.4) to 
the Albany Rensselaer Swing Bridge (river mile 146.2). The proposed 
regulation is effective annually from 12 p.m. until 4 p.m. on the third 
Saturday and Sunday of July. The proposed regulation prohibits all 
vessels, swimmers, and personal watercraft not participating in the 
event from transiting this portion of the Hudson River during the 
festival. It is needed to protect boaters from the hazards associated 
with a water ski show, speedboat demonstration, and other marine 
activities being held in the area. Marine traffic will be able to 
transit through the regulated area for 30 minutes during the event. 
Public notifications for the transit time will be made prior to the 
event via the Local Notice to Mariners and marine information 
broadcasts.

[[Page 4815]]

Discussion of Proposed Rule

    The proposed special local regulation is for the annual Fleet's 
Albany Riverfest held on the Hudson River in the vicinity of Albany, 
New York. This event is held annually on the third Saturday and Sunday 
of July. This rule is being proposed to provide for the safety of life 
on navigable waters during the event, to give the marine community the 
opportunity to comment on the regulated area, and to decrease the 
amount of annual paperwork required for this event.

Regulatory Evaluation

    This proposed 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 proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 10e 
of the regulatory policies and procedures of DOT is unnecessary. 
Although this regulation prevents traffic from transiting a portion of 
the Hudson River during the event, the effect of this regulation will 
not be significant for several reasons: the limited duration that the 
regulated area will be in effect, marine traffic will be able to 
transit through the regulated area for 30 minutes during the event, the 
Port Commissioner's office for the Port of Albany has stated there is 
infrequent commercial traffic north of the Dunn Memorial Bridge (river 
mile 145.4), commercial vessels can plan their transits up the river 
around the time the regulated area is in effect as they will have 
advance notice of the event, it is an annual event with local support, 
and advance notifications will be made to the local maritime community 
by the Local Notice to Mariners and marine information broadcasts.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposed rule, if adopted, 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 of less than 50,000.
    For the reasons stated in the Regulatory Evaluation section above, 
the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule, if adopted, will not have a significant economic impact on a 
substantial number of small entities. If, however, you think that your 
business or organization qualifies as a small entity and that this 
proposed rule will have a significant economic impact on your business 
or organization, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and in what way and to what degree this proposed 
rule will economically affect it.

Collection of Information

    This proposed rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposed rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposed rule does not have sufficient 
implications for federalism to warrant the preparation of a Federalism 
Assessment.

Unfunded Mandates

    Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the 
Coast Guard must consider whether this rule will result in an annual 
expenditure by state, local, and tribal governments, in the aggregate 
of $100 million (adjusted annually for inflation). If so, the Act 
requires that a reasonable number of regulatory alternatives be 
considered, and that from those alternatives, the least costly, most 
cost-effective, or least burdensome alternative that achieves the 
objective of the rule be selected. No state, local, or tribal 
government entities will be affected by this rule, so this rule will 
not result in annual or aggregate cost of $100 million or more. 
Therefore, the Coast Guard is exempt from any further regulatory 
requirements under the Unfunded Mandates Act.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that under figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1C, this proposed rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket for inspection or 
copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

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

Proposed Regulation

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 100 as follows:

PART 100--[AMENDED]

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 
100.35.

    2. Add Sec. 100.122 to read as follows:


Sec. 100.122  Fleet's Albany Riverfest, Hudson River, New York.

    (a) Regulated Area. All waters of the Hudson River from the Dunn 
Memorial Bridge (river mile 145.4) to the Albany Rensselaer Swing 
Bridge (river mile 146.2).
    (b) Regulations. (1) Vessels, swimmers, and personal watercraft of 
any nature not participating in this event are prohibited from entering 
or moving within the regulated area unless authorized by the Patrol 
Commander.
    (2) Marine traffic will be able to transit through the regulated 
area for 30 minutes during the event. Public notifications for the 
transit time will be made prior to the event via the Local Notice to 
Mariners and marine information broadcasts.
    (3) 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.
    (c) Effective period. This section is in effect annually from 12 
p.m. until 4 p.m. on the third Saturday and Sunday of July.

    Dated: January 20, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-2274 Filed 1-29-99; 8:45 am]
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