[Federal Register Volume 62, Number 138 (Friday, July 18, 1997)]
[Proposed Rules]
[Pages 38511-38512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18991]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to disestablish the special anchorage 
located at Hyde Park, NY. The Poughkeepsie Yacht Club has requested the 
diseastablishement of this special anchorage because it is unsuitable 
for its intended purpose. Once disestablished, any vessels seeking to 
anchor in this area will be required to exhibit anchorage lights in 
accordance with the rules of the road.

DATES: Comments must be received on or before September 16, 1997.

ADDRESSES: Comments should be mailed to Lieutenant Junior Grade David 
D. Gefell, Waterways Oversight Branch, Coast Guard Activities New York, 
212 Coast Guard Drive, Staten Island, NY 10305. The telephone number is 
718-354-4195.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade David D. Gefell, (718) 354-4195.

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 address, 
identify this rulemaking (CGD01-97-017) and the specific section of the 
proposal to which their comments apply, and give reasons for each 
comment. Persons wanting acknowledgment of receipt of comments should 
enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing; however, persons may request a 
pubic hearing by

[[Page 38512]]

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 is determined 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 Poughkeepsie Yacht Club has 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 Sec. 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 has 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.

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 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. 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

    The Coast Guard has considered the economic impact of this rule 
under the Regulatory Flexibility Act (5 U.S.C. 601-612). For the 
reasons discussed in the Regulatory Evaluation section, the Coast Guard 
expects that the 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 rule will have significant economic impact on your 
business or organization, please submit a comment explaining why you 
think it qualifies and in what way and to what degree this rule will 
economically affect it.

Collection of Information

    This proposal contains no collection-of-information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that since this rule disestablishes a special anchorage, 
under 2.B.2.e.(34)(f) of Commandant Instruction M16475.1B (as reviewed 
by 59 FR 38654, July 29, 1994), it is categorically excluded from 
further environmental documentation.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

Proposed Regulation

    For reasons set out in the preamble, the Coast Guard proposes to 
amend 33 CFR part 110.60 as follows:

PART 110--[AMENDED]

    1. The authority citation for Part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 2071; 49 CFR 1.46 and 33 CFR 1.05-
1(g). Section 110.1a and each section listed in it are also issued 
under 33 U.S.C. 1223 and 1231.


Sec. 110.60  [Amended]

    2. In section 110.60, paragraph (p-3) is removed.

    Dated: June 16, 1997.
J.L. Linnon,
Rear Admiral, Coast Guard, Commander, First Coast Guard District.
[FR Doc. 97-18991 Filed 7-17-97; 8:45 am]
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