[Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
[Proposed Rules]
[Pages 41324-41325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20334]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-97-071]
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 
proposed safety zone would restrict vessel traffic in the Lower Hudson 
River between Battery Park and Pier 76 in Manhattan.

DATES: Comments must be received on or before September 2, 1997. The 
temporary safety zone would be in effect on Sunday, September 7, 1997, 
from 12 p.m. until 4 p.m.

ADDRESSES: Comments should be mailed to Lieutenant Junior Grade Dave 
Gefell, Waterways Oversight Branch, Coast Guard Activities New York, 
212 Coast Guard Drive, Staten Island, New York 10305.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade Dave Gefell, Waterways Oversight Branch, Coast 
Guard Activities New York, (718) 354-4195.
SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments.
    Persons submitting comments should include their names and 
addresses, identify this notice (CGD01-97-071) and the specific section 
of the proposal to which their comments apply, and give reasons for 
each comment. Persons wanting acknowledgement 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 International Productions, 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.01'01''W longitude, and 
north of a line connecting the following points:

                                                                        
                                                                        
                                                                        
Latitute                                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             
                                                                        


    The safety zone would be effective on Sunday, September 7, 1997, 
from 12 p.m. until 4 p.m. This safety zone would restrict vessel 
traffic in 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 
excessive speeds.
    This event will include up to 40 powerboats, 24 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. 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. 601-612), 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. 3501-3520).

Federalism

    The Coast Guard has analyzed this action in accordance with the 
principles and criteria contained in Executive

[[Page 41325]]

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.

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. The following area is a safety zone: 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, 
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                      074 deg.02'06.0'' W             
                                                                        

    (b) Effective period. This safety zone would be in effect on 
Sunday, September 7, 1997, from 12 p.m. until 4 p.m.
    (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: July 20, 1997.
Richard C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 97-20334 Filed 7-31-97; 8:45 am]
BILLING CODE 4310-14-M