[Federal Register Volume 68, Number 126 (Tuesday, July 1, 2003)]
[Rules and Regulations]
[Pages 39013-39015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16550]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-03-053]
RIN 1625-AA97


Safety Zone; Hudson River Swim, Ulster Landing, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the annual Hudson Valley Triathlon swim located 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 the affected waterway.

DATES: This rule is effective from 7:30 a.m. to 9 a.m. on Sunday, July 
13, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD01-03-053 and are available for 
inspection or copying at Waterways Oversight Branch, Coast Guard 
Activities New York, 212 Coast Guard Drive, room 204, Staten Island, NY 
10305 between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Due to the date the 
Applications for Approval of Marine Event were received, there was 
insufficient time to draft and publish an NPRM. An annual safety zone 
has been published for the Hudson Valley Triathlon swim on the Hudson 
River in 33 CFR 165.170 effective on the first Sunday after July 4th. 
The date for this year's event has been moved to the second Sunday 
after July 4th. The zone will only be enforced for 1\1/2\ hours; and 
recreational vessels can still transit to the east of the zone.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Any delay encountered in this 
regulation's effective date would be unnecessary and contrary to public 
interest since immediate action is needed to close the waterway and 
protect the swimmers and maritime public from the hazards associated 
with 400 swimmers competing in a confined area of the Hudson River.

Background and Purpose

    The Coast Guard has received an application to hold a triathlon 
swim on the waters of the Hudson River. This rule establishes a safety 
zone in all waters of the Hudson River, in the vicinity of Ulster 
Landing, bound by the following points, (NAD 1983): 42[deg]00'03.7'' N 
073[deg]56'43.1'' W; thence to 41[deg]59'52.4'' N 073[deg]56'33.9'' W; 
thence to 42[deg]00'14.8'' N 073[deg]56'25.0'' W; thence to 
42[deg]00'05.4'' N 073[deg]56'41.9'' W; thence along the shoreline to 
the point of origin. The safety zone will be enforced from 7:30 a.m. 
until 9 a.m. on Sunday, July 13, 2003. The safety zone prevents vessels 
from transiting a portion of the Hudson River and Barrytown Reach and 
is needed to protect swimmers and boaters from the hazards associated 
with 400 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 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. Public notifications will be made prior to the event via the 
Local Notice to Mariners, Marine Information and electronic mail 
Broadcasts, and on the Internet at http://www.harborops.com.
    This safety zone covers the minimum area needed and imposes the 
minimum restrictions necessary to ensure the protection of all swimmers 
and vessels.

Discussion of Rule

    This rule establishes a temporary safety zone for the Hudson Valley 
Triathlon swim. The safety zone will be in effect for 1\1/2\ hours. 
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 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.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland 
Security (DHS).
    This finding is based on: the minimal time that vessels will be 
restricted from the zone; it is an annual, local event; 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; the zone is only in 
effect for 1\1/2\ hours; the event occurs early on a Sunday morning, 
which historically is a time when there is less commercial traffic 
transiting the area; and the event has been held for 6 years in 
succession and is therefore anticipated annually. The Coast Guard has 
received no written comments or complaints regarding the event being 
held in this location. Advance notifications will be made to the local 
maritime community by the

[[Page 39014]]

Local Notice to Mariners, marine information and electronic mail 
broadcasts; and on the Internet at http://www.harborops.com.

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: the 
minimal time that vessels will be restricted from the zone; it is an 
annual, local event; 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; the zone is only in effect for 1\1/2\ hours; the event occurs 
early on a Sunday morning, which historically is a time when there is 
less commercial traffic transiting the area; and the event has been 
held for 6 years in succession and is therefore anticipated annually. 
The Coast Guard has received no written comments or complaints 
regarding the event being held in this location. We will ensure wide 
dissemination of maritime advisories to users of the affected waterways 
via Local Notice to Mariners, marine information and electronic mail 
broadcasts, and on the Internet at http://www.harborops.com.

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 temporary rule so that we 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 Commander E. Morton, 
Waterways Oversight Branch, Coast Guard Activities New York at (718) 
354-4012.
    Small business 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 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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble

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 create 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, 
because it does not have a substantial direct effect on one or more 
Indian tribes, 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.lD, 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 for inspection or copying where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:


[[Page 39015]]


    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.


0
2. From 7:30 a.m. to 9 a.m. on July 13, 2003, add temporary Sec.  
165.T01-053 to read as follows:


Sec.  165.T01-053  Safety Zone; Hudson River Swim, Ulster Landing, 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 (NAD 1983): 42[deg]00'03.7'' N 073[deg]56'43.1'' W; 
thence to 41[deg]59'52.4'' N 073[deg]56'33.9'' W; thence to 
42[deg]00'14.8'' N 073[deg]56'25.0'' W; thence to 42[deg]00'05.4'' N 
073[deg]56'41.9'' W; thence along the shoreline to the point of origin.
    (b) Enforcement period. This section will be enforced from 7:30 
a.m. to 9 a.m. on Sunday, July 13, 2003.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (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. 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: June 20, 2003.
C.E. Bone,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 03-16550 Filed 6-30-03; 8:45 am]
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