Special Local Regulations: Empire State Regatta, Albany, NY

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-98-162]

RIN 2115-AE46

Special Local Regulations: Empire State Regatta, Albany, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise 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: Comments must be received on or before March 5, 1999.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch

(CGD01-98-162), Coast Guard Activities New York, 212 Coast Guard Drive,

Staten Island, New York 10305, or deliver them to room 205 at the same

address between 8 a.m. and 3 p.m., Monday through Friday, except

Federal holidays.

The Waterways Oversight Branch of Coast Guard Activities New York

maintains the public docket for this rulemaking. Comments, and

documents as indicated in this preamble, will become part of this

docket and will be available for inspection or copying at room 205,

Coast Guard Activities New York, between 8 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant J. Lopez, Waterways Oversight Branch, Coast Guard Activities

New York (718) 354-4193.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD01-98-162) and the specific section of

this document to which each comment applies, and give the reason for

each comment. Please submit two copies of all comments and attachments

in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgment of

receipt of comments should enclose stamped, self-addressed postcards or

envelopes.

The Coast Guard will consider all comments received during the

comment period. It may change this proposed rule in view of the

comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Waterways Oversight Branch at the

address under ADDRESSES. The request should include the reasons why a

hearing would be beneficial. If it determines that the opportunity for

oral presentations will aid this rulemaking, the Coast Guard will hold

a public hearing at a time and place announced by a later notice in the

Federal Register.

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 in 1998 and is planning on holding the event in

this new location in the future. This proposed new course provides

better viewing for spectators on shore, and it is also easier for the

sponsor to set up. The proposed 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 75 yards north of the I-90/Patroon Island Bridge. The new

race course is 800 yards smaller than the current course.

The proposed effective period (Sec. 100.104(b)) states the event

will be held on the first weekend of June. The current effective period

states the event will be held on the first or second weekend of June.

This proposed rule reduces uncertainty the current regulation causes

regarding the date of the event. The special local regulations

(Sec. 100.104(c)) remains unchanged.

Discussion of Proposed Rule

The proposed Special Local Regulation is for the Empire State

Regatta held on the Hudson River in the vicinity of Albany, New York.

The Special Local Regulations for this event are located at 33 CFR

Sec. 100.104. The sponsor held this event further north in 1998 from

the area published in Sec. 100.104 and is planning on holding the event

in this new location in the future. This event will be held on the

first weekend of June. The current regulation states the event will be

held on the first or second weekend of June. This rule is proposed to

change the course location and the event date published in

Sec. 100.104, provide for the safety of life on navigable waters during

the event, and to give the marine community the opportunity to comment

on the regulated area.

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. 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 proposed 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: 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

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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 current course, the event's course

has only been moved 1600 yards north of the current 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 considers whether this proposed rule, if adopted, 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 proposed

rule, if adopted, will not have a significant economic impact on a

substantial number of small entities. If, however, you think that your

business or organization qualifies as a small entity and that this

proposed rule will have a significant economic impact on your business

or organization, please submit a comment (see ADDRESSES) explaining why

you think it qualifies and in what way and to what degree this proposed

rule will economically affect it.

Collection of Information

This proposed 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 proposed rule under the

principles and criteria contained in Executive Order 12612 and has

determined that this proposed rule does not have sufficient

implications for federalism to warrant the preparation of a Federalism

Assessment.

Unfunded Mandates

Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the

Coast Guard must consider whether this rule will result in an annual

expenditure by state, local, and tribal governments, in the aggregate

of $100 million (adjusted annually for inflation). If so, the Act

requires that a reasonable number of regulatory alternatives be

considered, and that from those alternatives, the least costly, most

cost-effective, or least burdensome alternative that achieves the

objective of the rule be selected. No state, local, or tribal

government entities will be effected by this rule, so this rule will

not result in annual or aggregate costs of $100 million or more.

Therefore, the Coast Guard is exempt from any further regulatory

requirements under the Unfunded Mandates Act.

Environment

The Coast Guard 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. A ``Categorical

Exclusion Determination'' is available in the docket for inspection or

copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), Reporting and recordkeeping

requirements, Waterways.

Proposed Regulation

For the reasons discussed in the preamble, the Coast Guard proposes

to amend 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. Revise Sec. 100.104 (a) and (b) 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 yards north of the

I-90/Patroon Island Bridge.

(b) Effective period. This section is effective annually from 12

p.m. Friday through 7 p.m. Sunday, on the first weekend of June.

* * * * *

Dated: December 18, 1998.

R.M. Larrabee,

Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.

[FR Doc. 98-34764 Filed 12-31-98; 8:45 am]

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