[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Rules and Regulations]
[Pages 28100-28101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13158]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-98-155]
RIN 2115-AE46


Special Local Regulations: Hudson Valley Triathlon, Hudson River, 
Kingston, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing 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: This final rule is effective June 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, room 205, Staten Island, New York 10305, between 8 a.m. 
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 February 1, 1999, the Coast Guard published a notice of proposed 
rulemaking (NPRM), entitled Special Local Regulations: Hudson Valley 
Triathlon, Hudson River, Kingston, New York in the Federal Register (64 
FR 4812). The Coast Guard received no letters commenting on the 
proposed rulemaking. No public hearing was requested, and none was 
held.

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 regulation is effective annually from 
7 a.m. until 9 a.m. on the first Sunday after July 4th. The 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 than 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 Comments and Changes

    The Coast Guard received no letters commenting on the proposed 
rulemaking. No changes were made to the proposed rule.

Regulatory Evaluation

    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 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 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, 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. 6501 et seq.), the 
Coast Guard considered whether this 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. 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. 3501 et seq.).

[[Page 28101]]

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 associate. In accordance 
with these NEPA implementing procedures, listed in Commandant 
Instruction M16475.1C, Figure 2-1, paragraph (34)(h) and (35)(a) this 
final rule is categorically excluded from further environmental 
analysis and documentation.

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:

    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: May 10, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 99-13158 Filed 5-24-99; 8:45 am]
BILLING CODE 4910-15-M