[Federal Register Volume 61, Number 108 (Tuesday, June 4, 1996)]
[Rules and Regulations]
[Pages 28055-28057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13859]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-96-023]
RIN 2115-AA97


Safety Zone: Empire State Regatta, Albany, New York

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Empire State Regatta on June 7, 1996, from 12:01 p.m. until 3 p.m., 
and on June 8, 1996, from 6 a.m. until 6 p.m. This safety zone will 
temporarily close the Hudson River at Albany, New York, from the 
Patroon Island Bridge to the Dunn Memorial Bridge. This safety zone is 
necessary to protect the maritime public from the hazards associated 
with crew shells racing in lanes and having limited maneuverability 
while underway.

EFFECTIVE DATE: This regulation is effective from 12:01 p.m. to 3 p.m. 
on

[[Page 28056]]

Friday, June 7, 1996, and from 6 a.m. to 6 p.m. on Saturday, June 8, 
1996, unless extended or terminated sooner by the Captain of the Port 
New York.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander R. Trabocchi, 
Chief, Coordination and Analysis Branch, U.S. Coast Guard Activities 
New York (212) 668-7906.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NRPM) 
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 complete 
information regarding this event was received, there was insufficient 
time to draft and publish an NPRM. Any delay encountered in this 
regulation's effective date would be contrary to public interest since 
immediate action is needed to close this waterway and protect the 
maritime public from the hazards of crew shells with limited 
maneuverability racing in confined waters.

Background and Purpose

    The Coast Guard received a request from the Albany Rowing Center to 
close a portion of the Hudson River for the Empire State Regatta. This 
safety zone closes a portion of the Hudson River, shore to shore, at 
Albany, New York, between the Patroon Island Bridge and the Dunn 
Memorial Bridge. The start docks and start platform will be installed 
on Friday, June 7, 1996, by means of a cable crossing the width of the 
river. After 3 p.m., the cable will be sunk and the docks clustered on 
the western shoreline of the Hudson River at Albany, New York. Crew 
shells will race in designated lanes within the race course on 
Saturday, June 8, 1996. Commercial and recreational traffic will be 
escorted through the race course by law enforcement vessels. Vessels 
desiring escort can contact the on-scene U.S. Coast Guard Patrol 
Commander on channel 16 VHF-FM. The times that vessels can be escorted 
through the race course are tentative because actual race times are 
largely dependent on winds and currents. The tentative times for escort 
are 10:10 a.m., 12:30 p.m., and 2:10 p.m.; escort periods are expected 
to be no longer than 15 minutes in duration.The safety zone closes all 
waters south of the Patroon Island Bridge at 42 deg.39'50'' N latitude; 
073 deg.43'45'' W longitude (NAD 1983) and north of the Dunn Memorial 
Bridge at 42 deg.38'43'' N latitude; 073 deg.44'51'' W longitude (NAD 
1983), Albany, New York. This safety zone precludes all vessels not 
participating in the event from transiting this portion of the Hudson 
River and is needed to protect mariners from the hazards of crew shells 
with limited maneuverability racing in confined waters. Participating 
vessels include race participants and race committee craft. All other 
vessels, swimmers, and personal watercraft of any nature are precluded 
from entering or moving within the safety zone without permission of 
the Captain of the Port New York.

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 
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. This safety zone closes the 
Hudson River, shore to shore, south of the Patroon Island Bridge and 
north of the Dunn Memorial Bridge, Albany, New York, from 12:01 p.m. to 
3 p.m. on Friday, June 7, 1996, and from 6 a.m. to 6 p.m. on Saturday, 
June 8, 1996, unless extended or terminated sooner by the Captain of 
the Port, New York. Although this regulation prevents traffic from 
transiting this area, the effect of this regulation is not significant 
for several reasons: this is an annual event with local support and has 
been held for the past several years without incident or complaint, the 
closure of the river has been reduced from three days to two days this 
year, vessel traffic will have greater opportunities to transit during 
the effective period of this regulation due to modifications to the 
race course, and the notifications that will be made to the maritime 
community via local notices to mariners.

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'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) government jurisdictions with 
populations less than 50,000.
    For the reasons given in the Regulatory Evaluation, 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 et seq).

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 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. (34)(g) of 
Commandant Instruction M16475.1B, (as revised by 59 FR 38654, July 29, 
1994), the promulgation of this regulation is categorically excluded 
from further environmental documentation. A Categorical Exclusion 
Determination and Environmental Analysis Checklist are included in the 
docket.

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, 6.046-6, and 160.5; 49 CFR 1.46.

    2. A temporary section, 165.T01-023, is added to read as follows:


Sec. 165.T01-023   Safety Zone: Empire State Regatta, Hudson River, 
Albany, New York.

    (a) Location. The waters of Hudson River, Albany, New York, shore 
to shore, south of the Patroon Island Bridge at 42 deg.39'50'' N 
latitude; 073 deg.43'45'' W longitude, (NAD 1983) and north of the Dunn 
Memorial Bridge at 42 deg.38'43'' N latitude; 073 deg.44'51'' W 
longitude (NAD 1993).

[[Page 28057]]

    (b) Effective period. This section is effective from 12:01 p.m. 
until 3 p.m. on June 7, 1996, and from 6 a.m. to 6 p.m. on June 8, 
1996, unless extended or terminated sooner by the Captain of the Port, 
New York.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply to this safety zone.
    (2) Vessels not participating in this event, swimmers, and personal 
watercraft of any nature are precluded from entering or moving within 
the safety zone without permission from the Captain of the Port New 
York.
    (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.

    Dated: May 9, 1996.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 96-13859 Filed 6-3-96; 8:45 am]
BILLING CODE 4910-14-M