[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]


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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.

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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]
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