[Federal Register Volume 63, Number 118 (Friday, June 19, 1998)]
[Rules and Regulations]
[Pages 33578-33579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16239]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-040]
RIN 2115-AA97


Safety Zone: Great Catskills Triathlon, Hudson River, Kingston, 
NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Great Catskills Triathlon located on the Hudson River in the 
vicinity of Kingston Point Reach, Kingston, New York. The safety zone 
is in effect from 7 a.m. until 8:30 a.m. on Sunday, July 12, 1998. 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 Hudson River, in the vicinity of Kingston Point Reach.

DATES: This rule is effective from 7 a.m. until 8:30 a.m. on Sunday, 
July 12, 1998, unless terminated sooner by the Captain of the Port, New 
York.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch 
(CGD01-98-040), 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:
Lietuenant (Junior Grade) A. Kenneally, Waterways Oversight Branch, 
Coast Guard Activities New York, at (718) 354-4195.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing an NPRM and for making this regulation effective less than 
30 days after Federal Register publication. Due to the date this 
application was received, there was insufficient time to draft and 
publish an NPRM. Any delay encountered in this regulation's effective 
date would be contrary to public interest since immediate action is 
needed to close a portion of the waterway to protect swimmers and the 
maritime public from the hazards associated with 500 athletes competing 
in the swimming portion of the Great Catskills Triathlon.

Background and Purpose

    On April 12, 1998, the New York Triathlon Club, submitted an 
Application for Approval of Marine Event to hold the swimming 
competition of the Great Catskills Triathlon on the waters of the 
Hudson River in the vicinity of Kingston Point Reach. this regulation 
establishes a safety zone in all waters of the Hudson River within a 
1000 year radius of 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 red buoy #74 to green buoy #77. The safety zone is 
in effect from 7 a.m. until 8:30 a.m. on Sunday, July 12, 1998, unless 
terminated sooner by the Captain of the Port, New York. The safety zone 
prevents vessels from transiting this portion of the Hudson River and 
is needed to protect swimmers and boaters from the hazards associated 
with 500 swimmers competing in a confined area of the Hudson River.

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 limited 
marine traffic in the area, the minimal time that vessels will be 
restricted from the zone, and advance notifications which will be made 
by the Local Notice to Mariners and marine information broadcasts. 
Recreational traffic will be able to transit the river to the east of 
the safety zone during this event. 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 effected by this event. Due to the advance 
advisories being made, commercial traffic will be able to adjust their 
transit time to arrive before or after the event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this 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 the 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 12612, and has determined 
that this final rule does not have sufficient implications for 
federalism to warrant the preparation of a Federalism Assessment.

Environment

    Under figure 2-1, paragraph 34(g), of Commandant Instruction 
M16475.1C, this final rule is categorically excluded

[[Page 33579]]

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 165

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

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, and 160.5; 49 CFR 1.46.

    2. Add temporary section 165.T01-040 to read as follows:


Sec. 165.T01-040  Safety Zone: Great Catskills Triathlon, Hudson River, 
Kingston, New York.

    (a) Location. The following area is a safety zone: all waters of 
the Hudson River within a 1000 yard radius of 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 red buoy #74 to green 
buoy #77.
    (b) Effective period. This section is effective from 7 a.m. until 
8:30 a.m. on Sunday, July 12, 1998.
    (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. 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.

    Dated: June 4, 1998.
Richard C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 98-16239 Filed 6-18-98; 8:45 am]
BILLING CODE 4910-15-M