# Regulated Navigation Area; Hudson River, Albany, NY > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2026-13568 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** July 6, 2026 - **Citation:** 91 FR 40892 ## Text DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2026-0633] RIN 1625-AA11 Regulated Navigation Area; Hudson River, Albany, NY AGENCY: Coast Guard, Department of Homeland Security. ACTION: Temporary interim rule and request for comments. SUMMARY: The Coast Guard is establishing a temporary regulated navigation area (RNA) for navigable waters on the Hudson River near Albany, NY. This RNA prohibits entry of vessels or persons during full enforcement unless specifically authorized by the Captain of the Port, Sector New York, or their designated representative, imposes a “Slow-No Wake” speed restriction, and sets forth other limitations. This rule is necessary to protect personnel, vessels, and the marine environment from potential hazards associated with construction of the new Livingston Avenue Railroad Swing Bridge and demolition of the existing bridge. DATES: This rule is effective from July 12, 2026, through October 31, 2029. Comments and related material must be received by the Coast Guard on or before August 5, 2026. ADDRESSES: To submit comments and view available documents, go to https://www.regulations.gov and search for USCG-2026-0633. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, contact Mr. Jeffrey Yunker, Sector New York Waterways Management Division, U.S. Coast Guard; telephone 571-607-2628, or email Jeffrey.M.Yunker@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port New York DHS Department of Homeland Security FR Federal Register LAB JV Livingston Avenue Bridge Joint Venture NPRM Notice of proposed rulemaking RNA Regulated Navigation Area § Section U.S.C. United States Code II. Background and Authority The Coast Guard received notification that Skanska Koch LAB JV will be constructing a new Livingston Avenue Bridge and demolishing the existing bridge within the Hudson River near Albany, NY. Hazards from this project include but are not limited to deployment of heavy equipment which will obstruct vessel traffic, heavy lift operations, installation of transfer bents for new bridge spans staging prior to installation, and multiple tugboats and barges staged throughout the project with daily movements. The Northeast Coast Guard District Commander has determined that potential hazards associated with construction of a new bridge, and demolition of the existing bridge, are a safety concern for anyone within the work area. Therefore, the Northeast Coast Guard District Commander is issuing this rule under the authority in 46 U.S.C. 70034, which is necessary to protect personnel, vessels, and the marine environment in the navigable waters within the RNA. Because of these potential hazards, the Coast Guard is issuing this rule without prior notice and comment. As authorized by 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. The Coast Guard was not notified of this revised project schedule and Limited Access Area request with sufficient notice prior to when the RNA is needed on July 12, 2026, to protect personnel, vessels, and the marine environment. Therefore, we do not have enough time to solicit and respond to comments. Because of the potential hazards associated with the bridge construction, the Coast Guard finds that under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the Federal Register . Although this regulation is published as a temporary interim rule without prior notice, public comment is nevertheless desirable to ensure that the regulation is both workable and reasonable. Accordingly, persons wishing to comment may do so by submitting written comments as set out under the ADDRESSES section in this preamble. Commenters should include their names and addresses, identify the docket number for the regulation, and give reasons for their comments. If the Coast Guard determines that changes to the temporary interim rule are necessary, we will publish a temporary final rule or other appropriate document. III. Discussion of the Rule This rule establishes an RNA from 7 a.m. on July 12, 2026, until 11:59 p.m. on October 31, 2029. The Coast Guard is creating a RNA as shown in figure 1, to include all navigable waters of the Hudson River, mile 146.2, in the vicinity of the Livingston Avenue Railroad Swing Bridge, Albany, NY, surface to bottom, shoreline to shoreline, south of a line drawn from 42°39′23.50″ N, 73°44′31.12″ W thence to 42°39′18.25″ N, 73°44′17.41″ W, approximately 600 feet north of the existing bridge, and north of a line drawn from 42°39′09.46″ N, 73°44′41.01″ W thence to 42°39′04.22″ N, 73°44′29.72″ W, approximately 1,000 feet south of the existing bridge. These coordinates are based on the World Geodetic System (WGS 84)/North American Datum 83 (NAD 83). Figure 1 Chartlet Showing the Boundaries of the RNA ER06JY26.002 The RNA will establish the following operating restrictions on vessels: (1) In addition to the general RNA regulations in § 165.13, the following regulations apply to the RNA described in paragraph (a) of this section. (2) Nothing in this regulation relieves any vessel, owner, operator, charterer, master, or person directing the movement of a vessel, from the consequences of any neglect to comply with this part or any other applicable law or regulation ( i.e. the International Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or 33 CFR part 84—Subchapter E, Inland Navigation Rules) or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. (3) Entry and movement within the RNA is subject to a “Slow-No Wake” speed limit. All vessels may not produce a wake and may not attain speeds greater than five (5) knots unless a higher minimum speed is necessary to maintain bare steerageway. (4) Any vessel transiting through the RNA must make a direct passage. No vessel may stop, fish, moor, anchor, or loiter within the RNA at any time. (5) Vessels may not pass (overtake) another vessel within the RNA. (6) Except when transiting through the navigation channel, no vessel or craft may operate within 20 feet of the bridge(s). (7) The operator of any vessel transiting in the RNA must comply with all lawful directions given to them by the COTP or the COTP's on-scene representative. (8) When a full enforcement period of the regulated area is activated, only vessels authorized by COTP may enter or remain within the RNA. Restrictions (1) through (7) will be enforced throughout the entire effective period. Restriction (8) will be enforced during limited periods (referred to as “full enforcement” periods). Full enforcement periods, which entail prohibiting all vessel entry within the regulated area, will be implemented only during hazardous construction operations involving multiple tugs and large barges maneuvering in, or near, and obstructing the navigable channel for heavy lift, construction, or demolition activities at the Livingston Avenue Railroad Swing Bridge (mile 146.2). These intermittent full closures are anticipated to occur between July 12, 2026, and October 27, 2027. Currently, up to 20 full enforcement periods are planned, during which all vessel transits through the regulated area will be prohibited. These dates are tentative and subject to change due to weather, construction or supply chain delays, or other unforeseen circumstances. SKANSKA KOCH will provide email updates to all stakeholders as the project progresses and as the full closure dates and times are finalized based on construction progress. Full enforcement periods prohibiting vessels from entering the regulated area are planned during the following approximate dates: • July 2026 through December 2026, up to five full waterway closures lasting one day each to install drilled shafts, precast pile caps, and cast-in-place pier walls. • October 2026 through November 2026, no anticipated waterway closures, but work occurs within the proposed RNA to install piles and grillage for transfer bent south of existing bridge. • September 2026 through February 2027, up to six full waterway closures lasting one day each to install new lift span towers between new piers three and four. • January 2027 through February 2027, up to five full waterway closures lasting one day each, and one full waterway closure lasting two or three days to set lift span truss onto transfer bent and float truss into final position between new piers three and four. • March 2027, up to three full waterway closures lasting one day each and one full waterway closure lasting two or three days to float truss span into final position between new piers two and three. • March 2027 through September 2027, no waterway closures, but work occurs within the RNA to install mechanical equipment of lift span and erection of approach girders. • August 2027 through September 2027, one full waterway closure lasting 14 days and five full waterway closures lasting one day each to set west flanking span truss onto transfer bent and float truss into final position between new piers four and five. • October 2027 through February 2029, Navigation opening will be reduced to 84 feet for an estimated 30-day to 60-day period around October 2027 following the 14-day navigational channel closure, demolition of superstructure and substructure of the existing Livingston Avenue Bridge. The dates and times of the full enforcement periods, during which all vessel transits through the regulated area will be prohibited, will be published in the Local Notice to Mariners, posted on the Coast Guard Navigation Center Maritime Safety Information Products page at https://www.navcen.uscg.gov/msi , and issued in a Broadcast Notice to Mariners via marine channel 16 (VHF-FM) as soon as practicable in response to an emergency or hazardous condition. This rule will remain in effect through October 31, 2029, which should accommodate the possibility of project delays due to unforeseen circumstances. If the project is completed before October 31, 2029, enforcement of the regulated navigation area will be suspended, and notice will be provided via the Local Notice to Mariners. The Coast Guard Northeast District Local Notice to Mariners can be found at: https://www.navcen.uscg.gov/maritime-safety-information. IV. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders. A. Impact on Small Entities The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that are not subject to notice and comment. Because the Coast Guard has, for good cause, waived the notice and comment requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act's flexibility analysis provisions do not apply here. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. B. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). C. Federalism and Indian Tribal Governments We have analyzed this rule under Executive Order 13132, Federalism, and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in that Order. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. D. Unfunded Mandates Reform Act As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this rule will not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government, in the aggregate, or by the private sector. E. Environment We have analyzed this rule under Department of Homeland Security Directive 023-01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq. ), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is a regulated navigation area. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; DHS Delegation No. 00170.1, Revision No. 01.4. 2. Add § 165.T01-0633 to read as follows: § 165.T01-0633 Regulated Navigation Area; Hudson River, Albany, NY. (a) Location. The following area is a Regulated Navigation Area (RNA): All waters of the Hudson River, mile 146.2, in the vicinity of the Livingston Avenue Railroad Swing Bridge, Albany, NY, from surface to bottom, shoreline to shoreline, south of a line drawn from 42°39′23.50″ N, 73°44′31.12″ W thence to 42°39′18.25″ N, 73°44′17.41″ W, approximately 600 feet north of the existing bridge, and north of a line drawn from 42°39′09.46″ N, 73°44′41.01″ W thence to 42°39′04.22″ N, 73°44′29.72″ W, approximately 1,000 feet south of the existing bridge. These coordinates are based on the World Geodetic System (WGS 84)/North American Datum 83 (NAD 83). (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Northeast Coast Guard District Commander in the enforcement of the regulated area. Local officer means any officer, agent, or employee of a unit of local government authorized by law or by a local government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (c) Regulations. (1) In addition to the general RNA regulations in § 165.13, the following regulations apply to the RNA described in paragraph (a) of this section. (2) Nothing in this regulation relieves any vessel, owner, operator, charterer, master, or person directing the movement of a vessel, from the consequences of any neglect to comply with this part or any other applicable law or regulation ( i.e. the International Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or 33 CFR part 84—Subchapter E, Inland Navigation Rules) or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. (3) Entry and movement within the RNA is subject to a “Slow-No Wake” speed limit. All vessels may not produce a wake and may not attain speeds greater than five (5) knots unless a higher minimum speed is necessary to maintain bare steerageway. (4) Any vessel transiting through the RNA must make a direct passage. No vessel may stop, fish, moor, anchor, or loiter within the RNA at any time. (5) Vessels may not pass (overtake) another vessel within the RNA. (6) Except when transiting through the navigation channel, no vessel or craft may operate within 20 feet of the bridge(s). (7) The operator of any vessel transiting in the RNA must comply with all lawful directions given to them by the COTP or the COTP's on-scene representative. (8) When a full enforcement period of the regulated area is activated, only vessel authorized by COTP may enter or remain within the RNA. (d) Enforcement period. The following enforcement periods and requirements apply to this RNA. (1) This section will be enforced from 7 a.m. on July 12, 2026, to 11:59 p.m. on October 31, 2029. (2) The “Slow-No Wake” speed limit, and other restrictions—except for the limited full enforcement period prohibiting vessels from entering the regulated area—will be enforced throughout the entire enforcement period. (3) Full enforcement periods of the regulated area, prohibiting all vessel entry, will be enforced only during hazardous construction operations involving multiple tugs and large barges maneuvering in and obstructing the navigable channels, or near the navigable channels, for heavy lift, construction, or demolition activities. The Coast Guard will issue information on full enforcement periods through Local Notice to Mariners, the Coast Guard Navigation Center Maritime Safety Information Products page at https://www.navcen.uscg.gov/msi, and Broadcast Notice to Mariners via marine channel 16 (VHF-FM) as soon as practicable. (4) Persons or vessels seeking to deviate from the restrictions described in section (c) of this section or to enter the regulated area during a full enforcement period must request authorization from the COTP or the COTP's on-scene designated representative on VHF-16 or via phone at (718) 354-4353. Michael E. Platt, Rear Admiral, U.S. Coast Guard, Commander, Northeast District. [FR Doc. 2026-13568 Filed 7-2-26; 8:45 am] BILLING CODE 9110-04-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2026-13568. Public record. Not legal advice.