[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
[Rules and Regulations]
[Pages 23662-23663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11514]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 110
[CGD01 97-017]
RIN 2115-AA98
Special Anchorage Area: Special Anchorage, Hudson River, at Hyde
Park, NY
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is disestablishing the special anchorage
located at Hyde Park, NY. The Poughkeepsie Yacht Club requested the
disestablishment of this special anchorage because it is unsuitable for
its intended purpose. Any vessels seeking to anchor in this area will
be required to exhibit anchorage lights in accordance with the Rules of
the Road.
DATES: This final rule is effective June 1, 1998.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the Waterways Oversight Branch, Coast Guard
Activities New York, 212 Coast Guard Drive, Staten Island, New York,
10305, between 9:30 a.m. and 2 p.m., Monday through Friday, except
Federal holidays. The telephone number is 718-354-4195.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Alma P.
Kenneally, (718) 354-4195.
SUPPLEMENTARY INFORMATION:
Regulatory History
On July 18, 1997 the Coast Guard published a notice of proposed
rulemaking entitled Special Anchorage Area: Special Anchorage, Hudson
River, at Hyde Park, NY in the Federal Register (62 FR 38511).
Interested persons were requested to submit comments on or before
September 16, 1997. The Coast Guard received no comments on this
proposal. A public hearing was not requested and one was not held. The
Coast Guard is promulgating the final rule as proposed.
Background and Purpose
The Poughkeepsie Yacht Club requested the disestablishment of the
special anchorage located at mile 72.7 on the east bank of the Hudson
River, at Hyde Park, NY. This special anchorage is described in 33 CFR
110.60, paragraph (p-3). Special anchorages are areas of water in which
vessels of not more than 65 feet in length may anchor without
exhibiting anchor lights. The Poughkeepsie Yacht Club lies adjacent to
this special anchorage and is its principal user. However, the
Poughkeepsie Yacht Club requested disestablishment for the following
reasons:
(1) The Special anchorage is a hindrance to yacht club activities,
many of which occur within the limited area available which is not
encumbered by the seasonal weed bed or the shallow water depth at mean
low water;
(2) The special anchorage is not used in the winter. All yacht club
moorings and docks must be removed annually in this reach of the Hudson
River due to the substantial ice build up; and
(3) Transient vessels anchor approximately 1500 feet north of the
special anchorage to use Esopus Island as a breakwater to block wake
action caused by commercial shipping which transits west of the island.
Discussion of Comments and Changes
No comments were received and therefore no changes were considered.
Regulatory Evaluation
This 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
rule to be so minimal that a full Regulatory Evaluation under paragraph
10(e) of the regulatory policies and procedures of DOT is unnecesary.
The principal users of this special anchorage are the members of the
Poughkeepsie Yacht Club who fully understand the impact of their
request. Additionally, the Coast Guard is unaware of any boaters other
than the members of the Poughkeepsie Yacht Club who anchor or use
moorings in this special anchorage.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule 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 discussed in the Regulatory Evaluation section
above, the Coast Guard certifies under Section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. et seq.) that this final rule will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This final 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 rule under the principles and
criteria contained in Executive Order 12612 and has determined that it
does not have sufficient implications for federalism to warrant the
preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under 2.B.2.b(34)(f) of Commandant Instruction
M16475.1C, 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 ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
[[Page 23663]]
Regulation
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 110 as follows:
PART 110--[AMENDED]
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
49 CFR 1.46 and 33 CFR 1.05-1(g).
Sec. 110.60 [Amended]
2. In section 110.60 paragraph (p-3) is removed.
Dated: April 13, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 98-11514 Filed 4-29-98; 8:45 am]
BILLING CODE 4910-15-M
