[Federal Register Volume 64, Number 20 (Monday, February 1, 1999)]
[Proposed Rules]
[Pages 4812-4814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2275]


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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, New York

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 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: Comments must be received on or before April 2, 1999.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch 
(CGD01-98-155), 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.,

[[Page 4813]]

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 (CGD01-98-155) 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 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 proposed regulation is effective 
annually from 7 a.m. until 9 a.m. on the first Sunday after July 4th. 
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 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 then 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 Proposed Rule

    The proposed special local regulation is for the annual Hudson 
Valley Triathlon held on the Hudson River in the vicinity of Kingston 
Point Reach. This event is held annually on the first Sunday after July 
4th. 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 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. 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

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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 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. 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: January 20, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-2275 Filed 1-29-99; 8:45 am]
BILLING CODE 4910-15-M