[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Rules and Regulations]
[Pages 28100-28101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13158]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD01-98-155]
RIN 2115-AE46
Special Local Regulations: Hudson Valley Triathlon, Hudson River,
Kingston, NY
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing permanent special local
regulations for the annual Hudson Valley Triathlon. This action is
necessary to provide for the safety of life on navigable waters during
the event. This event is intended to restrict vessel traffic in the
Hudson River, in the vicinity of Kingston Point Reach.
DATES: This final rule is effective June 24, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at Coast Guard Activities New York, 212 Coast
Guard Drive, room 205, Staten Island, New York 10305, between 8 a.m.
and 3 p.m., Monday through Friday, except Federal holidays. The
telephone number is (718) 354-4193.
FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways
Oversight Branch, Coast Guard Activities New York (718) 354-4193.
SUPPLEMENTARY INFORMATION:
Regulatory History
On February 1, 1999, the Coast Guard published a notice of proposed
rulemaking (NPRM), entitled Special Local Regulations: Hudson Valley
Triathlon, Hudson River, Kingston, New York in the Federal Register (64
FR 4812). The Coast Guard received no letters commenting on the
proposed rulemaking. No public hearing was requested, and none was
held.
Background and Purpose
The New York Triathlon Club sponsors this annual triathlon with
approximately 500 swimmers competing in this event. The sponsor expects
no spectator craft for this event. The race will take place on the
Hudson River in the vicinity of Kingston Point Reach. The regulated
area encompasses all waters of the Hudson River within a 1000 yard
radius of approximate position 41 deg.56'06'' N 073 deg.57'57'' W (NAD
1983). This area encompasses approximately 1,800 yards of Kingston
Point Reach, from just south of Lighted Buoy 74 (LLNR 38285) north to
Lighted Buoy 77 (LLNR 38300). The regulation is effective annually from
7 a.m. until 9 a.m. on the first Sunday after July 4th. The regulation
prohibits all vessels, swimmers, and personal watercraft not
participating in the event from transiting this portion of the Hudson
River during the race. It is needed to protect swimmers and boaters
from the hazards associated with 500 swimmers competing in a confined
area of the Hudson River. Recreational vessels are not precluded from
transiting the Hudson River in the vicinity of the regulated area
because an alternate route is available. They can transit on the east
side of the Hudson River and return to the west side at Ulster Landing
or Turkey Point to the north, or at the mouth of Rondout Creek to the
south of the local regulated area. Recreational vessels can not simply
transit around the area because there are many mid-river shoals, with
depths less than 3 feet, north of the local regulated area. Commercial
vessels will be precluded from transiting the area because the local
regulated area encompasses 1,800 yards of Kingston Point Reach and
there is no viable alternative route.
Discussion of Comments and Changes
The Coast Guard received no letters commenting on the proposed
rulemaking. No changes were made to the proposed rule.
Regulatory Evaluation
This final 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 final 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 race, the effect of this regulation will not be
significant for several reasons: the limited duration on a Sunday
morning that the regulated area will be in effect, recreational vessels
will be able to transit to the east of the regulated area, 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. 6501 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 stated in the Regulatory Evaluation section above,
the Coast Guard certifies under 5 U.S.C. 605(b) 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.).
[[Page 28101]]
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612 and has determined that
this final rule does not have sufficient implications for federalism to
warrant the preparation of a Federalism Assessment.
Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub.
L. 104-4, 109 Stat. 48] requires Federal agencies to assess the effects
of certain regulatory actions on State, local, and tribal governments,
and the private sector. UMRA requires a written statement of economic
and regulatory alternatives for rules that contain Federal mandates. A
Federal mandate is a new or additional enforceable duty imposed on any
State, local, or tribal government, or the private sector. If any
Federal mandate causes those entities to spend, in the aggregate, $100
million or more in any one year, the UMRA analysis is required. This
final rule does not impose Federal mandates on any State, local, or
tribal governments, or the private sector.
Environment
In accordance with agency procedures for implementing the National
Environmental Policy Act (NEPA), the Coast Guard has considered the
environmental impact of the Special Local Regulations together with the
impacts of the marine event with which it is associate. In accordance
with these NEPA implementing procedures, listed in Commandant
Instruction M16475.1C, Figure 2-1, paragraph (34)(h) and (35)(a) this
final rule is categorically excluded from further environmental
analysis and documentation.
Other Executive Orders on the Regulatory Process
In addition to the statutes and Executive Orders already addressed
in this preamble, the Coast Guard considered the following executive
orders in developing this final rule and reached the following
conclusions:
E.O. 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights. This rule will not effect a
taking of private property or otherwise have taking implications under
this Order.
E.O. 12875, Enhancing the Intergovernmental Partnership. This rule
will not impose, on any State, local, or tribal government, a mandate
that is not required by statute and that is not funded by the Federal
government.
E.O. 12988, Civil Justice Reform. This rule meets applicable
standards in sections 3(a) and 3(b)(2) of this Order to minimize
litigation, eliminate ambiguity, and reduce burden.
E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks. This rule is not an economically significant rule and
does not concern an environmental risk to safety disproportionately
affecting children.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Regulation
For the reasons discussed in the preamble, the Coast Guard amends
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. 100.121 to read as follows:
Sec. 100.121 Hudson Valley Triathlon, Hudson River, Kingston, New
York.
(a) Regulated Area. All waters of the Hudson River within a 1000
yard radius of approximate position 41 deg.56'06'' N 073 deg.57'57'' W
(NAD 1983). This area encompasses approximately 1,800 yards of Kingston
Point Reach, from just south of Lighted Buoy 74 (LLNR 38285) north to
Lighted Buoy 77 (LLNR 38300).
(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) 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 7
a.m. until 9 a.m. on the first Sunday after July 4th.
Dated: May 10, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 99-13158 Filed 5-24-99; 8:45 am]
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