[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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