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Safety Zone: Triathlon, Ulster Landing, Hudson River, NY
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: March 2, 2001 (Volume 66, Number 42)]
[Proposed Rules]
[Page 13030-13032]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr01-15]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-00-248]
RIN 2115-AA97
Safety Zone: Triathlon, Ulster Landing, Hudson River, NY
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a permanent safety zone
for the annual Hudson Valley Triathlon swim 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: Comments and related material must reach the Coast Guard on or
before May 1, 2001.
ADDRESSES: You may mail comments and related material to Waterways
Oversight Branch (CGD01-00-248), Coast Guard Activities New York, 212
Coast Guard Drive, room 204, Staten Island, New York 10305. The
Waterways Oversight Branch of Coast Guard Activities New York maintains
the public docket for this rulemaking. Comments and material received
from the public, as well as documents indicated in this preamble as
being available in the docket, will become part of this docket and will
be available for inspection or copying at room 204, Coast Guard
Activities New York, between 8 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant M. Day, Waterways Oversight
Branch, Coast Guard Activities New York (718) 354-4012.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-00-
248), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Waterways Oversight Branch at
the address under ADDRESSES explaining why one would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
Background and Purpose
The Coast Guard proposes to establish a permanent safety zone for
the annual Hudson Valley Triathlon swim on the Hudson River. The safety
zone encompasses all waters of the Hudson River, in the vicinity of
Ulster Landing, bound by the following points: 42 deg.00'03.7" N
073 deg.56'43.1" W, thence to 41 deg.59'52.5" N 073 deg.56'34.2" W,
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 (NAD 1983), thence along the
shoreline to the point of beginning.
The proposed safety zone is effective from 6 a.m. (e.s.t.) until 9
a.m. (e.s.t.) on the first Sunday after July 4th. There is no rain date
for this event. The proposed 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.
[[Page 13031]]
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. No vessel may enter the safety
zone without permission from the Captain of the Port, New York.
Special Local Regulations have been published for this event in 33
CFR 100.121 for the same date. The location of this event was moved 3.5
nautical miles north in the summer of 2000 to the proposed new location
in the northern area of Barrytown Reach. A Temporary final rule was
required for the 2000 event. This new location encompasses about 800
yards of Barrytown Reach and is about 1,000 yards smaller than the
permanent area in 33 CFR 100.121.
This safety zone covers the minimum area needed and imposes the
minimum restrictions necessary to ensure the protection of all swimmers
and vessels. Public notifications will be made prior to the event via
the Local Notice to Mariners.
Discussion of Proposed Rule
The proposed safety zone is for the Hudson Valley Triathlon swim
held in the Hudson River. This event is held annually on the first
Sunday after July 4th. There is no rain date for this event. 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 this event, and to decrease the amount of annual paperwork
required for this event. This safety zone covers the minimum area
needed and imposes the minimum restrictions necessary to ensure the
protection of all swimmers and vessels.
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. 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 Transportation (DOT) (44 FR 11040,
February 26, 1979).
We expect 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.
This safety zone temporarily closes a portion of the Hudson River
to vessel traffic; however, the impact of this regulation is expected
to be minimal for the following reasons: this is an annual marine event
currently published in 33 CFR 100.121, this safety zone would close a
smaller portion of the Hudson River during this event, this proposed
zone in only 3.5 miles north of the current zone the limited duration
of the event; the event occurs early on a Sunday morning, which
historically is a time when there is less commercial traffic transiting
the area, the advance advisories that will be made to allow the
maritime community to schedule transits before and after the event; the
event has been held for 4 years in succession and is therefore
anticipated annually; and 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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would 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 would not have a significant economic impact on a
substantial number of small entities for the following reasons: this is
an annual marine event currently published in 33 CFR 100.121, this
safety zone would close a smaller portion of the Hudson River during
the event, the limited duration of the event; it is expected that no
more than 1 or 2 commercial vessels would be affected by this event
early on a Sunday morning, the advance advisories that will be made to
allow the maritime community to schedule transits before and after the
event; the event has been held for 4 years in succession and is
therefore anticipated annually; and 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule so that they 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 M. Day, Waterways
Oversight Branch, Coast Guard Activities New York (718) 354-4012.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
We have analyzed this proposed rule under Executive Order 13132 and
have determined that this rule does not have implications for
federalism under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would 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 proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice
[[Page 13032]]
Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed 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
concern an environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
We 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. This proposed rule fits
paragraph 34(g) as it establishes a safety zone. A ``Categorical
Exclusion Determination'' is available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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 Sec. 165.170 to read as follows:
Sec. 165.170 Safety Zone: Triathlon, Ulster Landing, Hudson River, 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: 42 deg.00'03.7" N 073 deg.56'43.1" W, thence to
41 deg.59'52.5" N 073 deg.56'34.2" W, 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 (NAD
1983), thence along the shoreline to the point of beginning.
(b) Effective period. This section is in effect annually from 6
a.m. (e.s.t.) until 9 a.m. (e.s.t.) on the first Sunday after July 4th.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) No vessels will be allowed to transit the safety zone without
the permission of the Captain of the Port, New York.
(3) 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: January 16, 2001.
R.E. Bennis,
Rear Admiral, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 01-5114 Filed 3-1-01; 8:45 am]
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