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

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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