[Federal Register Volume 64, Number 29 (Friday, February 12, 1999)]
[Proposed Rules]
[Pages 7147-7149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3514]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-175]
RIN 2121-AA97


Safety Zone: New York Super Boat Race, Hudson River, New York

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a permanent safety zone 
that will be enacted annually for the New York Super Boat Race. 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 lower Hudson River, New York.

DATES: Comments must be received on or before April 13, 1999.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch 
(CGD01-98-175), 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: Lieutenant J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4193.

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 rulemaking (CGD01-98-175) and the specific section of 
this document to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the waterways Oversight Branch at the 
address under Addresses. The request should include the reasons why a 
hearing would be beneficial. If it determines 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 sponsors this annual high-
speed power

[[Page 7148]]

boat race with approximately 40 powerboats, 24 to 50 feet in length, 
racing on an 8-mile oval course at speeds in excess of 100 mph. An 
average of 100 spectator craft view this event each year. The safety 
zone encompasses all waters of the Lower Hudson River south of a line 
drawn from the northwest corner of Pier 76 in Manhattan to a point in 
Weehawken, New Jersey at approximate position 40 deg.45'52''N 
074 deg.01'01''W (NAD 1983) and north of a line connecting the 
following points (all coordinates are NAD 1983):


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 southwest 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 area encompasses approximately four nautical miles 
of the Lower Hudson River from Pier 76, Manhattan to approximately 650 
yards northwest of the Governors Island Light (LLNR 35010) in 
approximate position 40 deg.42'20.5''N, 074 deg.01'11''W (NAD 1983).
    The proposed regulation is effective annually from 11:30 a.m. until 
4:00 p.m. on the Sunday following Labor Day. The race boats will be 
competing at high speeds with numerous spectator crafts in the area, 
creating an extra or unusual hazard in the navigable waterway. The 
proposed regulation prohibits all vessels not participating in the 
event, swimmers, and personal watercraft from transiting this portion 
of the Lower Hudson River during the race. It is needed to protect the 
waterway users from the hazards associated with high-speed powerboats 
racing in confined waters.

Discussion of Proposed Rule

    The proposed safety zone is for the annual New York Super Boat Race 
held on the Lower Hudson River between Battery Park and Pier 76, 
Manhattan. This event is held annually on the Sunday following Labor 
Day. This rule is being proposed to provide for the safety of life on 
navigable waters during the event, to give the marine community the 
opportunity to comment on this event, and to decrease the amount of 
annual paperwork required for this event.

Regulatory Evaluation

    This proposed 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 proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 10e 
of the regulatory policies and procedures of DOT is unnecessary. 
Although this regulation prevents traffic from transiting a portion of 
the Lower Hudson River during the race, the effect of this regulation 
will not be significant for several reasons: it is an annual event with 
local support, 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 and one-
half hours; the extensive advisories which will be made to the affected 
maritime community by Local Notice to Mariners, Safety Voice Broadcast, 
and facsimile notification. Additionally, commercial ferry traffic will 
be authorized to transit around the perimeter of the safety zone for 
their scheduled operations at the direction of the Patrol Commander.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposed rule, if adopted, 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 stated in the Regulatory Evaluation section above, 
the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule, if adopted, 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 
proposed rule will have a significant economic impact on your business 
or organization, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and in what way and to what degree this proposed 
rule will economically affect it.

Collection of Information

    This proposed 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 proposed rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposed rule does not have sufficient 
implications for federalism to warrant the preparation of a Federalism 
Assessment.

Unfunded Mandates

    Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the 
Coast Guard must consider whether this rule will result in an annual 
expenditure by state, local, and tribal governments, in the aggregate 
of $100 million (adjusted annually for inflation). If so, the Act 
requires that a reasonable number of regulatory alternatives be 
considered, and that from those alternatives, the least costly, most 
cost-effective, or least burdensome alternative that achieves the 
objective of the rule be selected. No state, local, or tribal 
government entities will be effected by this rule, so this rule will 
not result in annual or aggregate costs of $100 million or more. 
Therefore, the Coast Guard is exempt from any further regulatory 
requirements under the Unfunded Mandates Act.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that under figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1C, this proposed 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 165

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

Proposed Regulation

    For the reasons discussed 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.


[[Page 7149]]


    2. Add Sec. 165.162 to read as follows:


Sec. 165.162  Safety Zone: New York Super Boat Race, Hudson River, New 
York.

    (a) Regulated Area. The following area is a safety zone: All waters 
of the Lower Hudson River south of a line drawn from the northwest 
corner of Pier 76 in Manhattan to a point on the New Jersey shore in 
Weehawken, New Jersey at approximate position 40 deg.45'52''N 
074 deg.01'01''W (NAD 1983) and north of a line connecting the 
following points (all coordinates are NAD 1983):


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) Regulations.
    (1) Vessels not participating in this event, swimmers, and personal 
watercraft of any nature are prohibited from entering or moving within 
the regulated area unless authorized by the Patrol Commander.
    (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.
    (c) Effective period. This section is in effect annually from 11:30 
a.m. until 4:00 p.m. on the Sunday following Labor Day.

    Dated: January 21, 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-3514 Filed 2-11-99; 8:45 am]
BILLING CODE 4910-15-M