Special Local Regulations: Hudson Valley Triathlon, Hudson River, Kingston, New York

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-98-155]

RIN 2115-AE46

Special Local Regulations: Hudson Valley Triathlon, Hudson River,

Kingston, New York

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish 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: Comments must be received on or before April 2, 1999.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch

(CGD01-98-155), 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.,

[[Page 4813]]

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 (CGD01-98-155) 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 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 proposed regulation is effective

annually from 7 a.m. until 9 a.m. on the first Sunday after July 4th.

The proposed 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 then 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 Proposed Rule

The proposed special local regulation is for the annual Hudson

Valley Triathlon held on the Hudson River in the vicinity of Kingston

Point Reach. This event is held annually on the first Sunday after July

4th. 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 the regulated area, and to decrease the

amount of annual paperwork required for this event.

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: 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. 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. 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. 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

[[Page 4814]]

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

affected 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. 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: January 20, 1999.

R.M. Larrabee,

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

[FR Doc. 99-2275 Filed 1-29-99; 8:45 am]

BILLING CODE 4910-15-M