[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Proposed Rules]
[Pages 40587-40589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19746]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-96-072]
RIN 2121-AA97


Safety Zone: New York Super Boat Race, New York

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
in the lower Hudson River, for the New York Super Boat Race. The 
temporary safety zone would be in effect on Sunday, September 8, 1996, 
from 12 p.m. until 4 p.m. unless extended on terminated sooner by the 
Captain of the Port, New York. The proposed safety zone would close the 
entire Lower Hudson River between Battery Park and Pier 76 in 
Manhattan.

DATES: Comments must be received on or before August 20, 1996.

ADDRESSES: Comments should be mailed to lieutenant John W. Green, 
Waterways Oversight Branch, Coast Guard Activities New York, Bldg. 108, 
Governors Island, New York 10004-5096.

FOR FURTHER INFORMATION CONTACT: Lieutenant John W. Green, Waterways 
Oversight Branch, Coast Guard Activities New York (212) 668-7906.

[[Page 40588]]

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. Good 
cause exists for providing a comment period of less than 30 days. Due 
to the date final information concerning the event was received, a 
comment period of greater than 15 days would not allow sufficient time 
to publish a final rule prior to the scheduled date of the event. Since 
this proposal is neither complex nor technical, a 15 day comment period 
is sufficient to provide reasonable notice of the proposed regulation. 
A longer comment period would be impracticable, unnecessary, and 
contrary to the public interest.
    Persons submitting comments should include their names and 
addresses, identify this notice (CGD01-96-072) and the specific section 
of the proposal to which their comments apply, and give reasons for 
each comment. Persons wanting acknowledgment of receipt of comments 
should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing; however, persons may request a 
public hearing by writing to the Waterways Oversight Branch at the 
address under ADDRESSES. If it is determined 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

    Super Boat Racing Inc. has submitted an Application for Approval of 
Marine Event for a Super Boat Race in the waters of the Lower Hudson 
River. This regulation would establish a temporary safety zone in the 
waters of the Lower Hudson River south of a line drawn from Pier 76 in 
Manhattan and a point in Weehawken, New Jersey at 40 deg.45'52''N 
latitude, 074 deg.01 deg.01''W longitude, and north of a line 
connecting the following points:

                                                                        
                                                                        
                                                                        
Latitude                             Longitude                          
                                                                        
40 deg.42'16.0''N                    074 deg.01'09.0''W, then south to  
40 deg.41'55.0''N                    074 deg.01'16.0''W, then west to   
40 deg.41'47.0''N                    074 deg.01'36.0''W, then northwest 
                                      to                                
40 deg.41'55.0''N                    074 deg.01'59.0''W, then to shore  
                                      at                                
40 deg.42'20.5''N                    074 deg.02'06.0''W                 
(NAD 83)                                                                
                                                                        

    The safety zone would be effective on Sunday, September 8, 1996, 
from 12 p.m. until 4 p.m., unless extended or terminated sooner by the 
Captain of the Port New York. This safety zone would close all waters 
of the Lower Hudson River south of a line drawn from Pier 76 in 
Manhattan to a point located directly opposite on the New Jersey 
shoreline and north of a line drawn between Battery Park in Manhattan 
and the southern most point of Ellis Island in the Upper New York Bay. 
This safety zone is needed to protect mariners from the hazards 
associated with a boat race in which the participants transit at high 
speeds.
    This event will include up to 45 powerboats, 40 to 50 feet in 
length, racing on an 8 mile oval course at speeds in excess of 100 mph. 
No more than 100 spectator craft are expected for the event.

Regulatory Evaluation

    This proposal 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 been exempted from review 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 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. This safety zone would close all waters of the Lower 
Hudson River south of a line drawn from Pier 76 in Manhattan to a point 
located directly opposite of the New Jersey shoreline and north of a 
line drawn between Battery Park in Manhattan and the southern most 
point of Ellis Island in the Upper New York Bay on Sunday, September 8, 
1996, from 12 p.m. until 4 p.m., unless extended or terminated sooner 
by the Captain of the Port New York. Although this regulation would 
prevent traffic from transiting this area, the effect of this 
regulation would not be significant for several reasons: the volume of 
commercial vessel traffic transiting the Lower Hudson River on a Sunday 
is less than half of the normal daily traffic volume; pleasure craft 
desiring to view the event will be directed to designated spectator 
viewing areas outside the safety zone; pleasure craft can take an 
alternate route through the East River and the Harlem River; the 
duration of the event is limited to four hours; the extensive 
advisories which will be made to the affected maritime community by 
Local Notice to Mariners, Safety Voice Broadcast, and facsimile 
notification.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under Section 3 of the Small Business Act 
(21 U.S.C. 632).
    For reasons set forth in the above Regulatory Evaluation, the Coast 
Guard expects the impact of this proposal to be minimal. The Coast 
Guard certifies under 5 U.S.C. 605(b) that this proposal 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 rule will have significant 
economic impact on your business or organization, please submit a 
comment explaining why you think it qualifies and in what way and to 
what degree this rule will economically affect it.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this action in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposal does not raise sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
proposal and concluded that under section 2.B.2.e. of Commandant 
Instruction M16475.1B, it is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination and 
Environmental Analysis Checklist is included in the docket.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

[[Page 40589]]

Proposed Regulations

    For reasons set out in the preamble, the Coast Guard proposes to 
amend 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. A temporary Sec. 165.T01-072, is added to read as follows:


Sec. 165.T01-072  Safety Zone; New York Super Boat Race, Hudson River, 
New York and New Jersey.

    (a) Location. All waters of the Lower Hudson River between Pier 76 
in Manhattan and a point of the New Jersey shore in Weehawken, New 
Jersey at 40 deg.45'52''N latitude, 074 deg.01'01''W longitude and 
north of a line connecting the following points:

Latitude                             Longitude                          
                                                                        
40 deg.42'16,0'' N                   074 deg.01'09.0'' W, then south to 
40 deg.41'55,0'' N                   074 deg.01'16.0'' W, then west to  
40 deg.41'47.0'' N                   074 deg.01'36.0'' W, then northwest
                                      to                                
40 deg.41'55.0'' N                   074 deg.01'59.0'' W, then to shore 
                                      at                                
40 deg.42'20.5'' N (NAD 83)          074 deg.02'06.0'' W                
                                                                        

    (b) Effective period. This safety zone is in effect on Sunday, 
September 8, 1996, from 12 p.m. until 4 p.m., unless extended or 
terminated sooner by the Captain of the Port New York.
    (c) Regulations. (1) The general regulations contained in 
Sec. 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: July 18, 1996.
Richard C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 96-19746 Filed 8-2-96; 8:45 am]
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