[Federal Register Volume 65, Number 129 (Wednesday, July 5, 2000)]
[Rules and Regulations]
[Pages 41342-41344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16889]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-160]
RIN 2115-AA97


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

AGENCY: Coast Guard, DOT.

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 a portion of the Hudson River.

DATES: This rule is effective from 6:30 a.m. (e.s.t.) until 8:30 a.m. 
(e.s.t.) on July 9, 2000.

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 (CGD01-00-160) and are available for inspection or 
copying at Coast Guard Activities New York, 212 Coast Guard Drive, room 
204, Staten Island, New York 10305, between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (718) 
354-4012.

FOR FURTHER INFORMATION CONTACT: Lieutenant M. Day, 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)(8), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Good cause exists for not 
publishing an NPRM due to the date the Application for Approval of 
Marine Event was received, there was insufficient time to draft and 
publish an NPRM. Special Local Regulations have been published for this 
event in 33 CFR 100.121 for the same date. The location of this year's 
event has been moved 3.5 nautical miles north in the vicinity of 
Barrytown Reach, north of the Kingston-Rhinecliff Bridge. The safety 
zone encompasses about 800 yards of Barrytown Reach and is about 1,000 
yards smaller than the permanent area, and it is also scheduled to 
start and finish 30 minutes earlier as compared to the current 
regulations. Further, it is a annual, local event, recreational vessels 
may still transit to the east of the zone during the event, the zone is 
only in affect for 2 hours, and commercial traffic is not heavy in this 
area of the Hudson River. It is expected that no more than 1 or 2 
commercial vessels may be affected by this event. Due to the 
publication of this annual event in the Local Notice to Mariners, 
commercial traffic will be able to adjust their transit time to arrive 
before or after the event. Any delay encountered in this regulation's 
effective date would be unnecessary and contrary to public

[[Page 41343]]

interest since immediate action is needed to close the waterway and 
protect swimmers and the maritime public from the hazards associated 
with 500 athletes competing in the swimming portion of the Hudson 
Valley Triathlon.
    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. This is due to the following 
reasons: Special Local Regulations have been published for this event 
in 33 CFR 100.121 for the same date. The location of this year's event 
has been moved 3.5 nautical miles north in the vicinity of Barrytown 
Reach, north of the Kingston-Rhinecliff Bridge. It encompasses about 
800 yards of Barrytown Reach and is about 1,000 yards smaller than the 
permanent area, it is also scheduled to start and finish 30 minutes 
earlier, as compared to the current regulations. Further, it is a 
annual local event, recreational vessels may still transit to the east 
of the zone during the event, the zone is only in effect for 2 hours, 
and commercial traffic is not heavy in this area of the Hudson River. 
It is expected that no more than 1 or 2 commercial vessels may be 
affected by this event. Due to the publication of this annual event in 
the Local Notice to Mariners, commercial traffic will be able to adjust 
their transit time to arrive before or after the event. 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 swimmers and the maritime public from 
the hazards associated with 500 athletes competing in the swimming 
portion of the Hudson Valley Triathlon.

Background and Purpose

    The Coast Guard has received an application to hold a triathlon 
swim on the waters of the Hudson River. This regulation establishes a 
safety zone in all waters of the Hudson River, in the vicinity of 
Ulster Landing, bound by the following points: 41 deg.59'52.5'' N 
073 deg.56'34.2'' W (about 150 yards south of Hudson River Lighted Buoy 
82 (LLNR 38325)), 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, thence to 
42 deg.00'03.7'' N 073 deg.56'43.1'' W, (NAD 1983), thence back to the 
point of beginning, in the northern end of Barrytown Reach. The safety 
zone is in effect from 6:30 a.m. (e.s.t.) until 8:30 a.m. (e.s.t.) on 
Sunday, July 9, 2000. There is no rain date for this event. 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. Public notifications will be made prior to the event 
via the Local Notice to Mariners.
    Special Local Regulations have been published for this event in 33 
CFR 100.121 for the same date. The location of this year's event has 
been moved 3.5 nautical miles north in the vicinity of Barrytown Reach, 
north of the Kingston-Rhinecliff Bridge. It encompasses about 800 yards 
of Barrytown Reach and is about 1,000 yards smaller than the permanent 
area, it is also scheduled to start and finish 30 minutes earlier, as 
compared to the current regulations.

Regulatory Evaluation

    This final 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 final rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. This finding is based on the 
following: This is an annual marine event currently published in 33 CFR 
100.121, this final rule will close a smaller portion of the Hudson 
River, and the minimal time on a Sunday morning that vessels will be 
restricted from the zone. 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. Commercial vessels can plan their transits up the river 
around the time the zone is in effect as they will have advance notice 
of this annual event, and advance notifications which will be made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this final rule 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 reasons discussed in the Regulatory Evaluation above, the Coast 
Guard certifies under section 605(b) of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.) that this final rule will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This final 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 final rule under the principles 
and criteria contained in Executive Order 13132 and has determined that 
this final rule does not have implications for federalism under that 
Order.

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub. 
L. 104-4, 109 Stat. 48] requires Federal agencies to assess the effects 
of certain regulatory actions on State, local, and tribal governments, 
and the private sector. UMRA requires a written statement of economic 
and regulatory alternatives for rules that contain Federal mandates. A 
Federal mandate is a new or additional enforceable duty imposed on any 
State, local, or tribal government, or the private sector. If any 
Federal mandate causes those entities to spend, in the aggregate, $100 
million or more in any one year, the UMRA analysis is required. This 
final rule does not impose Federal mandates on any State, local, or 
tribal governments, or the private sector.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1C, this final 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.

[[Page 41344]]

Regulation

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

PART 165--[AMENDED]

    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 temporary Sec. 165.T01-160 to read as follows:


Sec. 165.T01-160  Safety Zone: Hudson Valley Triathlon, Hudson River, 
Ulster Landing, NY.

    (a) Location. The following area is a safety zone: All waters of 
the Hudson River, in the vicinity of Ulster Landing, bound by the 
following points: 41 deg.59'52.5'' N 073 deg.56'34.2'' W (about 150 
yards south of Hudson River Lighted Buoy 82 (LLNR 38325)), 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, thence to 42 deg.00'03.7'' N 073 deg.56'43.1'' W, 
(NAD 1983), thence back to the point of beginning, in the northern end 
of Barrytown Reach.
    (b) Effective period. This section is effective from 6:30 a.m. 
(e.s.t.) until 8:30 a.m. (e.s.t.) on July 9, 2000. There is no rain 
date for this event.
    (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 27, 2000.
R.E. Bennis,
Captain, U. S. Coast Guard, Captain of the Port, New York.
[FR Doc. 00-16889 Filed 7-3-00; 8:45 am]
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