[Federal Register Volume 64, Number 1 (Monday, January 4, 1999)]
[Proposed Rules]
[Pages 66-67]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34764]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-98-162]
RIN 2115-AE46


Special Local Regulations: Empire State Regatta, Albany, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the Special Local 
Regulations for the Empire State Regatta. This action is necessary to 
update the course location and effective period for this annual event. 
This action is intended to restrict vessel traffic in a portion of the 
Hudson River.

DATES: Comments must be received on or before March 5, 1999.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch 
(CGD01-98-162), 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:
Lieutenant 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 (CGD01-98-162) 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 Albany Rowing Center sponsors this annual crewing race with 
approximately 300 rowers 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 Albany, New York. The sponsor held the 
race in a new location in 1998 and is planning on holding the event in 
this new location in the future. This proposed new course provides 
better viewing for spectators on shore, and it is also easier for the 
sponsor to set up. The proposed regulated area encompasses all waters 
of the Hudson River from the Albany Rensselaer Swing Bridge, river mile 
146.2, to Light 224 (LLNR 39015), river mile 147.5, located 
approximately 75 yards north of the I-90/Patroon Island Bridge. The new 
race course is 800 yards smaller than the current course.
    The proposed effective period (Sec. 100.104(b)) states the event 
will be held on the first weekend of June. The current effective period 
states the event will be held on the first or second weekend of June. 
This proposed rule reduces uncertainty the current regulation causes 
regarding the date of the event. The special local regulations 
(Sec. 100.104(c)) remains unchanged.

Discussion of Proposed Rule

    The proposed Special Local Regulation is for the Empire State 
Regatta held on the Hudson River in the vicinity of Albany, New York. 
The Special Local Regulations for this event are located at 33 CFR 
Sec. 100.104. The sponsor held this event further north in 1998 from 
the area published in Sec. 100.104 and is planning on holding the event 
in this new location in the future. This event will be held on the 
first weekend of June. The current regulation states the event will be 
held on the first or second weekend of June. This rule is proposed to 
change the course location and the event date published in 
Sec. 100.104, provide for the safety of life on navigable waters during 
the event, and to give the marine community the opportunity to comment 
on the regulated area.

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 race, the effect of this regulation will 
not be significant for several reasons: this is an annual marine event 
currently published in 33 CFR Sec. 100.104, the limited amount of 
commercial traffic in this area of the

[[Page 67]]

river, 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, the new 
course is 800 yards smaller than the current course, the event's course 
has only been moved 1600 yards north of the current regulated area, 
vessel traffic will still be able to transit the regulated area in 
accordance with 33 CFR Sec. 100.104(c), 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. Sec. 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. Sec. 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. Sec. 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 effected by this rule, so this rule will 
not result in annual or aggregate costs 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. Revise Sec. 100.104 (a) and (b) to read as follows:


Sec. 100.104  Empire State Regatta, Albany, New York

    (a) Regulated area. All waters of the Hudson River between the 
Albany Rensselaer Swing Bridge, river mile 146.2, and Light 224, (LLNR 
39015), river mile 147.5, located approximately 750 yards north of the 
I-90/Patroon Island Bridge.
    (b) Effective period. This section is effective annually from 12 
p.m. Friday through 7 p.m. Sunday, on the first weekend of June.
* * * * *
    Dated: December 18, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 98-34764 Filed 12-31-98; 8:45 am]
BILLING CODE 4910-15-M