[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