[Federal Register Volume 61, Number 170 (Friday, August 30, 1996)]
[Rules and Regulations]
[Pages 45891-45892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22211]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-96-072]
RIN 2121-AA97


Safety Zone: New York Super Boat Race, New York

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
lower Hudson River, for the New York Super Boat Race. The temporary 
safety zone will be 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. The safety zone will close the entire Lower 
Hudson River between Battery Park and Pier 76 in Manhattan.

EFFECTIVE DATE: This rule is effective from 12 p.m. until 4 p.m. on 
Sunday, September 8, 1996, unless extended or terminated sooner by the 
Captain of the Port, New York.

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

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On August 5, 1996, the Coast Guard published a notice of proposed 
rulemaking (NPRM) in the Federal Register (61 FR 40587). Interested 
persons were requested to submit comments on or before August 20, 1996. 
The Coast Guard received four 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. Good cause exists for making 
this regulation effective less than 30 days after Federal Register 
publication. Due to the NPRM comment period deemed necessary to give 
the public adequate notice, there was insufficient time to publish this 
temporary final rule 30 days prior to the event. The delay that would 
be encountered to allow for a 30 day delayed effective date would cause 
the cancellation of this event. Cancellation of this event is contrary 
to the public interest since this event is intended for public 
entertainment.

Background and Purpose

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

Latitude                             Longitude                          
                                                                        
40 deg.42'16.0'' N                   74 deg.01'09.0'' W, then south to  
40 deg.41'55.0'' N                   74 deg.01'16.0'' W, then west to   
40 deg.41'47.0'' N                   74 deg.01'36.0'' W, then northwest 
                                      to                                
40 deg.41'55.0'' N                   74 deg.01'59.0'' W, then to shore  
                                      at                                
40 deg.42'20.5'' N                   74 deg.02'06.0'' W (NAD 1983)      
                                                                        

    The safety zone will 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 section prohibits all vessels and 
persons from entering the safety zone unless authorized by the Coast 
Guard Captain of the Port. The safety zone is needed to protect 
mariners from the hazards associated with high speed boat races.

Discussion of Comments and Changes

    Of the four comments received, two were from companies operating 
sightseeing cruises, one was from a company operating an excursion 
boat, and one was from a ferry company. Three requested limited access 
through the safety zone in order to meet commitments previously 
reserved by paying customers and one requested the race route be moved 
in order for its ferryboat to meet a published schedule. All responses 
were considered and limited access was granted to meet the majority of 
the responders needs. Movement of the race course was not possible nor 
warranted and the ferryboat company was provided limited access in 
order to meet its operating schedule.

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

[[Page 45892]]

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 will 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 
on Sunday, September 8, 1996, from 12 p.m. until 4 p.m. This portion of 
the Hudson River experiences moderate commercial and recreational 
marine traffic. Although this regulation prevents traffic from 
transiting this area, the effect of this regulation will not be 
significant for several reasons: limited access has been arranged with 
time-sensitive commercial traffic; 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; and 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.

Collection of Information

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

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.

Regulation

    For reasons set out 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. 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 on the New Jersey shore in Weehawken, New 
Jersey at 40 deg.45'52'' N latitude, 74 deg.01'01'' W longitude, and 
north of a line connecting the following points:

Latitude                             Longitude                          
                                                                        
40 deg.42'16.0'' N                   74 deg.01'09.0'' W, then south to  
40 deg.41'55.0'' N                   74 deg.01'16.0'' W, then west to   
40 deg.41'47.0'' N                   74 deg.01'36.0'' W, then northwest 
                                      to                                
40 deg.41'55.0'' N                   74 deg.01'59.0'' W, then to shore  
                                      at                                
40 deg.42'20.5'' N                   74 deg.02'06.0'' W (NAD 1983)      
                                                                        

    (b) Effective period. This section 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 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: August 23, 1996.
Richard C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 96-22211 Filed 8-29-96; 8:45 am]
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