[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)] [Rules and Regulations] [Pages 23662-23663] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-11514] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 110 [CGD01 97-017] RIN 2115-AA98 Special Anchorage Area: Special Anchorage, Hudson River, at Hyde Park, NY AGENCY: Coast Guard, DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is disestablishing the special anchorage located at Hyde Park, NY. The Poughkeepsie Yacht Club requested the disestablishment of this special anchorage because it is unsuitable for its intended purpose. Any vessels seeking to anchor in this area will be required to exhibit anchorage lights in accordance with the Rules of the Road. DATES: This final rule is effective June 1, 1998. ADDRESSES: Documents as indicated in this preamble are available for inspection or copying at the Waterways Oversight Branch, Coast Guard Activities New York, 212 Coast Guard Drive, Staten Island, New York, 10305, between 9:30 a.m. and 2 p.m., Monday through Friday, except Federal holidays. The telephone number is 718-354-4195. FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Alma P. Kenneally, (718) 354-4195. SUPPLEMENTARY INFORMATION: Regulatory History On July 18, 1997 the Coast Guard published a notice of proposed rulemaking entitled Special Anchorage Area: Special Anchorage, Hudson River, at Hyde Park, NY in the Federal Register (62 FR 38511). Interested persons were requested to submit comments on or before September 16, 1997. The Coast Guard received no comments on this proposal. A public hearing was not requested and one was not held. The Coast Guard is promulgating the final rule as proposed. Background and Purpose The Poughkeepsie Yacht Club requested the disestablishment of the special anchorage located at mile 72.7 on the east bank of the Hudson River, at Hyde Park, NY. This special anchorage is described in 33 CFR 110.60, paragraph (p-3). Special anchorages are areas of water in which vessels of not more than 65 feet in length may anchor without exhibiting anchor lights. The Poughkeepsie Yacht Club lies adjacent to this special anchorage and is its principal user. However, the Poughkeepsie Yacht Club requested disestablishment for the following reasons: (1) The Special anchorage is a hindrance to yacht club activities, many of which occur within the limited area available which is not encumbered by the seasonal weed bed or the shallow water depth at mean low water; (2) The special anchorage is not used in the winter. All yacht club moorings and docks must be removed annually in this reach of the Hudson River due to the substantial ice build up; and (3) Transient vessels anchor approximately 1500 feet north of the special anchorage to use Esopus Island as a breakwater to block wake action caused by commercial shipping which transits west of the island. Discussion of Comments and Changes No comments were received and therefore no changes were considered. Regulatory Evaluation This 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 rule to be so minimal that a full Regulatory Evaluation under paragraph 10(e) of the regulatory policies and procedures of DOT is unnecesary. The principal users of this special anchorage are the members of the Poughkeepsie Yacht Club who fully understand the impact of their request. Additionally, the Coast Guard is unaware of any boaters other than the members of the Poughkeepsie Yacht Club who anchor or use moorings in this special anchorage. 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 section above, the Coast Guard certifies under Section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 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 rule under the principles and criteria contained in Executive Order 12612 and has determined that it does not have sufficient implications for federalism to warrant the preparation of a Federalism Assessment. Environment The Coast Guard considered the environmental impact of this rule and concluded that, under 2.B.2.b(34)(f) of Commandant Instruction M16475.1C, this 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 110 Anchorage grounds. [[Page 23663]] Regulation For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 110 as follows: PART 110--[AMENDED] 1. The authority citation for part 110 continues to read as follows: Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 49 CFR 1.46 and 33 CFR 1.05-1(g). Sec. 110.60 [Amended] 2. In section 110.60 paragraph (p-3) is removed. Dated: April 13, 1998. R.M. Larrabee, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 98-11514 Filed 4-29-98; 8:45 am] BILLING CODE 4910-15-M