[Federal Register Volume 66, Number 105 (Thursday, May 31, 2001)]
[Rules and Regulations]
[Pages 29484-29486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13643]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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: This rule is effective July 2, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-00-248) and are available for inspection or 
copying at room 204, Coast Guard Activities New York, 212 Coast Guard 
Drive, Staten Island, NY 10305, 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:

Regulatory Information

    On March 2, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone: Triathlon, Ulster Landing, Hudson River, 
NY in the Federal Register (66 FR 13030). We received no letters 
commenting on the proposed rule. No public hearing was requested, and 
none was held.

Background and Purpose

    The Coast Guard is establishing 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 safety zone is effective annually from 6 a.m. until 9 a.m. on 
the first Sunday after July 4th. The 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. 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 7 a.m. to 9 a.m. on the same date. The location of this 
event was moved 3.5 nautical miles north in the summer of 2000 to the 
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.

[[Page 29485]]

Discussion of Comments and Changes

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

Regulatory Evaluation

    This 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 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 will close a 
smaller portion of the Hudson River during this event; this zone is 
only 3.5 miles north of the current zone; the event is limited in 
duration; the event occurs early on a Sunday morning, which 
historically is a time when there is less commercial traffic transiting 
the area; advance advisories 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 have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will 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 will 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 will close a smaller portion of the Hudson River during the 
event; the event is limited in duration; it is expected that no more 
than 1 or 2 commercial vessels will be affected by this event early on 
a Sunday morning; advance advisories 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. However, 
we received no requests for assistance from small entities.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

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

Federalism

    We have analyzed this 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 rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will 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 rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments. A 
rule with tribal implications has a substantial direct effect on one or 
more Indian tribe, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraph 34(g), of Commandant Instruction 
M16475.1C, this rule is categorically excluded from further 
environmental documentation. This 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 amends 
33 CFR Part 165 as follows:

[[Page 29486]]

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 and 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. until 9 a.m. 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: May 14, 2001.
R.E. Bennis,
Rear Admiral, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 01-13643 Filed 5-30-01; 8:45 am]
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