[Federal Register Volume 64, Number 77 (Thursday, April 22, 1999)]
[Rules and Regulations]
[Pages 19715-19717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10115]


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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, New York

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising 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: This final rule is effective May 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, Staten Island, New York 10305, between 8 .am. 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 January 4, 1999, The Coast Guard published a notice of proposed 
rulemaking, entitled Special Local Regulations: Empire State Regatta, 
Albany, New York in the Federal Register (64 FR 66). The Coast Guard 
did not receive any letters commenting on the proposed rulemaking. No 
public hearing was requested, and none was held.

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

[[Page 19716]]

in 1998 and is planning on holding the event in this new location in 
the future. This new course provides better viewing for spectators on 
shore, and it is also easier for the sponsor to set up. The 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 750 yards north of the I-90/
Patroon Island Bridge. The new race course is 800 yards smaller than 
the previous course.

Discussion of Comments and Changes

    The Coast Guard received no letters commenting on the proposed 
rule. This final rule is the same as the proposed rule except that the 
daily completion time for the event has been moved from 7 p.m. to 8 
p.m. This change was made to provide a safety window for race 
completion and course removal in the event there is inclement weather. 
The Coast Guard is not publishing a Supplemental NPRM (SNPRM) for this 
change. A SNPRM is not necessary because the final rule is not 
materially different from the proposed rule, therefore the notice 
provided in the NPRM was sufficient for this final rule. This 
conclusion is based upon the following factors: the minimal extra time 
the regulations may be in effect,the extra time will only be required 
in case of inclement weather, the location of the event, and the 
minimal amount of commercial traffic affected.

Regulatory Evaluating

    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 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 and afterwards while lane breakdowns are 
being conducted, 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 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 previous course, 
the event's course has only been moved 1600 yards north of the previous 
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 considered whether this final 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. Sec. 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. Sec. 3501 et 
seq.).

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 associated. In accordance 
with these NEPA implementing procedures, listed in Commandant 
Instruction M16475.1C, Figure 2-1, paragraphs (34)(h) and (35)(a), this 
final rule is categorically excluded from further environmental 
analysis and documentation. A written Categorical Exclusion 
Determination is not required.

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:


[[Page 19717]]


    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 
100.35.

    2. Revise Sec. 100.104 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 years north of the 
I-90/Patroon Island Bridge.
    (b) Effective period. This section is effective annually from 12 
p.m. Friday through 8 p.m. Sunday, on the first weekend of June.
    (c) Special local regulations. (1) The regulated area will be 
closed to all vessel traffic, except official patrol craft and sponsor 
craft, during the following times: Friday from 12 p.m. to 8 p.m.; 
Saturday from 6 a.m. to 8 p.m.; and on Sunday from 6 a.m. to 8 p.m.
    (2) Vessels greater than 20 meters in length shall not transit the 
regulated area at any time during the effective period unless allowed 
to do so by the Coast Guard Patrol Commander.
    (3) Vessels less than 20 meters in length may transit the regulated 
area at the conclusion of each day of racing. Transiting vessels will 
be escorted by official regatta patrol vessels specified in paragraph 
(c)(5) of this section. Approximate periods for transit will be: Friday 
at 8 p.m. through Saturday at 6 a.m.; and again on Saturday at 8 p.m. 
through Sunday at 6 a.m.
    (4) Unless otherwise directed by the Coast Guard Patrol Commander, 
transiting vessels shall: proceed at no-wake speeds, remain clear of 
the race course area as marked by the sponosor-provided buoys, not 
interfere with races or any shells in the area, make no stops and keep 
to the eastern edge of the Hudson River.
    (5) Official patrol vessels include Coast Guard and Coast Guard 
Auxiliary vessels, New York State and local police boats and other 
vessels so designated by the regatta sponsor or Coast Guard Patrol 
Commander.
    (6) No person or vessel may enter or remain in the regulated area 
during the effective period unless participating in the event, or 
authorized to be there by the sponsor or Coast Guard patrol personnel.
    (7) All persons and vessels shall comply with the instructions of 
U.S. Coast Guard patrol personnel. Upon hearing five or more blasts 
from a U.S. Coast Guard vessel, the operator of a vessel shall stop 
immediately and proceed as directed. U.S. Coast Guard patrol personnel 
include commissioned, warrant and petty officers of the Coast Guard. 
Members of the Coast Guard Auxiliary may be present to inform vessem 
operators of this regulation and other applicable laws.
    (8) In the event of an emergency or as directed by the Coast Guard 
Patrol Commander, the sponsor shall dismantle the race course to allow 
the passage of any U.S. Government vessel or any other designated 
emergency vessel.

    Dated: April 12, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 99-10115 Filed 4-21-99; 8:45 am]
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