Regattas and marine parades: Empire State Regatta,
[Federal Register: January 4, 1999 (Volume 64, Number 1)]
[Proposed Rules]
[Page 66-67]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ja99-32]
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.
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
[[Page 67]]
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]
-
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.
-
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. 98-34764Filed12-31-98; 8:45 am]
BILLING CODE 4910-15-M
