[Federal Register Volume 66, Number 42 (Friday, March 2, 2001)]
[Proposed Rules]
[Pages 13030-13032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5114]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-248]
RIN 2115-AA97


Safety Zone: Triathlon, Ulster Landing, Hudson River, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent safety zone 
for the annual Hudson Valley Triathlon swim on the Hudson River. This 
action is necessary to provide for the safety of life on navigable 
waters during the event. This action is intended to restrict vessel 
traffic in a portion of the Hudson River.

DATES: Comments and related material must reach the Coast Guard on or 
before May 1, 2001.

ADDRESSES: You may mail comments and related material to Waterways 
Oversight Branch (CGD01-00-248), Coast Guard Activities New York, 212 
Coast Guard Drive, room 204, Staten Island, New York 10305. The 
Waterways Oversight Branch of Coast Guard Activities New York maintains 
the public docket for this rulemaking. Comments and material received 
from the public, as well as documents indicated in this preamble as 
being available in the docket, will become part of this docket and will 
be available for inspection or copying at room 204, Coast Guard 
Activities New York, between 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant M. Day, Waterways Oversight 
Branch, Coast Guard Activities New York (718) 354-4012.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-00-
248), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Waterways Oversight Branch at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    The Coast Guard proposes to establish a permanent safety zone for 
the annual Hudson Valley Triathlon swim on the Hudson River. The safety 
zone encompasses all waters of the Hudson River, in the vicinity of 
Ulster Landing, bound by the following points: 42 deg.00'03.7" N 
073 deg.56'43.1" W, thence to 41 deg.59'52.5" N 073 deg.56'34.2" W, 
thence to 42 deg.00'15.1" N 073 deg.56'25.2" W, thence to 
42 deg.00'05.4" N 073 deg.56'41.9" W (NAD 1983), thence along the 
shoreline to the point of beginning.
    The proposed safety zone is effective from 6 a.m. (e.s.t.) until 9 
a.m. (e.s.t.) on the first Sunday after July 4th. There is no rain date 
for this event. The proposed safety zone prevents vessels from 
transiting a portion of the Hudson River. 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 
can still transit to the east of the zone during the event and will not 
be precluded from mooring at or getting underway from recreational 
piers in the vicinity of the zone.

[[Page 13031]]

Commercial vessels will be precluded from transiting the area because 
the safety zone encompasses about 800 yards of Barrytown Reach and 
there is no viable alternative route. No vessel may enter the safety 
zone without permission from the Captain of the Port, New York.
    Special Local Regulations have been published for this event in 33 
CFR 100.121 for the same date. The location of this event was moved 3.5 
nautical miles north in the summer of 2000 to the proposed new location 
in the northern area of Barrytown Reach. A Temporary final rule was 
required for the 2000 event. This new location encompasses about 800 
yards of Barrytown Reach and is about 1,000 yards smaller than the 
permanent area in 33 CFR 100.121.
    This safety zone covers the minimum area needed and imposes the 
minimum restrictions necessary to ensure the protection of all swimmers 
and vessels. Public notifications will be made prior to the event via 
the Local Notice to Mariners.

Discussion of Proposed Rule

    The proposed safety zone is for the Hudson Valley Triathlon swim 
held in the Hudson River. This event is held annually on the first 
Sunday after July 4th. There is no rain date for this event. 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 this event, and to decrease the amount of annual paperwork 
required for this event. This safety zone covers the minimum area 
needed and imposes the minimum restrictions necessary to ensure the 
protection of all swimmers and vessels.

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. The Office of Management and Budget has not reviewed it 
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).
    We expect 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.
    This safety zone temporarily closes a portion of the Hudson River 
to vessel traffic; however, the impact of this regulation is expected 
to be minimal for the following reasons: this is an annual marine event 
currently published in 33 CFR 100.121, this safety zone would close a 
smaller portion of the Hudson River during this event, this proposed 
zone in only 3.5 miles north of the current zone the limited duration 
of the event; the event occurs early on a Sunday morning, which 
historically is a time when there is less commercial traffic transiting 
the area, the advance advisories that will be made to allow the 
maritime community to schedule transits before and after the event; the 
event has been held for 4 years in succession and is therefore 
anticipated annually; and recreational vessels may still transit to the 
east of the zone during the event and will not be precluded from 
mooring at or getting underway from recreational piers in the vicinity 
of the zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit or anchor in a portion of the Hudson River during 
the time this zone is activated.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: this is 
an annual marine event currently published in 33 CFR 100.121, this 
safety zone would close a smaller portion of the Hudson River during 
the event, the limited duration of the event; it is expected that no 
more than 1 or 2 commercial vessels would be affected by this event 
early on a Sunday morning, the advance advisories that will be made to 
allow the maritime community to schedule transits before and after the 
event; the event has been held for 4 years in succession and is 
therefore anticipated annually; and recreational vessels may still 
transit to the east of the zone during the event and will not be 
precluded from mooring at or getting underway from recreational piers 
in the vicinity of the zone.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant M. Day, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4012.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this rule does not have implications for 
federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice

[[Page 13032]]

Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 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 health or risk to safety that may 
disproportionately affect children.

Environment

    We 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. This proposed rule fits 
paragraph 34(g) as it establishes a safety zone. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
    2. Add Sec. 165.170 to read as follows:


Sec. 165.170  Safety Zone: Triathlon, Ulster Landing, Hudson River, NY.

    (a) Regulated area. The following area is a safety zone: All waters 
of the Hudson River, in the vicinity of Ulster Landing, bound by the 
following points: 42 deg.00'03.7" N 073 deg.56'43.1" W, thence to 
41 deg.59'52.5" N 073 deg.56'34.2" W, thence to 42 deg.00'15.1" N 
073 deg.56'25.2" W, thence to 42 deg.00'05.4" N 073 deg.56'41.9" W (NAD 
1983), thence along the shoreline to the point of beginning.
    (b) Effective period. This section is in effect annually from 6 
a.m. (e.s.t.) until 9 a.m. (e.s.t.) on the first Sunday after July 4th.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) No vessels will be allowed to transit the safety zone without 
the permission of the Captain of the Port, New York.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.

    Dated: January 16, 2001.
R.E. Bennis,
Rear Admiral, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 01-5114 Filed 3-1-01; 8:45 am]
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