[Federal Register Volume 64, Number 114 (Tuesday, June 15, 1999)]
[Rules and Regulations]
[Pages 31982-31984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15045]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-175]
RIN 2115-AA97


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 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: This final rule is effective July 15, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Coast Guard Activities New York, 212 Coast 
Guard Drive, Staten Island, New York 10305, between 8 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(718) 354-4193.


[[Page 31983]]


FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4193.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On February 12, 1999, the Coast Guard published a notice of 
proposed rulemaking entitled Safety Zone: New York Super Boat Race, 
Hudson River, New York in the Federal Register (64 FR 7147). The Coast 
Guard received one comment on the proposed rulemaking. No public 
hearing was requested, and none was held.

Background and Purpose

    Super Boat International Productions sponsors this annual high-
speed powerboat 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 final rule is effective annually from 10 a.m. until 4 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 final rule 
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 Comments and Changes

    The Coast Guard received one comment on the proposed rule. This 
final rule is the same as the proposed rule except that the starting 
time for the event has been moved from 11:30 a.m. to 10 a.m. This 
change was made to provide for a Super Boat Limited race beginning at 
11 a.m. This will be followed by the Super Boat Race beginning at 1 
p.m. The Coast Guard is not publishing a Supplemental NPRM (SNPRM) for 
this change. A SNPRM is not necessary because the final rule is not 
materially different from the proposed rule, therefore the notice 
provided for the NPRM was sufficient for this final rule. This 
conclusion is based upon the following factors: the minimal extra time 
requested, the minimal amount of commercial traffic affected, pleasure 
craft can take an alternate route through the East River and the Harlem 
River, and 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.
    The Coast Guard received one comment regarding the location of 
spectator craft at the southwest corner of the safety zone during 
1998's event. This location is in the vicinity of Liberty State Parks, 
Jersey City, New Jersey and Ellis Island. Commercial charters, which 
were authorized to transit between Liberty State Park and Ellis Island 
during the event, experienced difficulty navigating safely through this 
area due to spectator craft infringing on the safety zone. The charter 
boats experienced difficulty when entering and departing from their 
berth at Liberty State Park. The charter boats were also forced to 
transit further into the safety zone than had originally been planned. 
The Coast Guard will maintain a clear lane at the southwest corner of 
the safety zone for the charter boats to transit through. There is 
still sufficient room around the remaining southern boundary of the 
safety zone for the expected spectator craft to view this event.

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. Although 
this regulation prevents traffic from transiting a portion of the lower 
Hudson River 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 six 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 considered whether this final 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 stated in the Regulatory Evaluation section above, 
the Coast Guard certifies under 5 U.S.C. 605(b) 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.

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub. 
L. 104-4, 109 Stat. 48] requires Federal

[[Page 31984]]

agencies to assess the effects of certain regulatory actions on State, 
local, and tribal governments, and the private sector. UMRA requires a 
written statement of economic and regulatory alternatives for rules 
that contain Federal mandates. A Federal mandate is a new or additional 
enforceable jury imposed on any State, local, or tribal government, or 
the private sector. If any Federal mandate causes those entities to 
spend, in a aggregate, $100 million or more in any one year, the UMRA 
analysis is required. This final rule does not impose Federal mandates 
on any State, local, or tribal governments, or the private sector.

Other Executive Orders on the Regulatory Process

    In addition to the statues and Executive Orders already addressed 
in this preamble, the Coast Guard considered the following executive 
orders in developing this final rule and reached the following 
conclusions:
    E.O. 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights. This rule will not effect a 
taking of private property or otherwise have taking implications under 
this Order.
    E.O. 12875, Enhancing the Intergovernmental Partnership. This rule 
will not impose, on any State, local, or tribal government, a mandate 
that is not required by statute and that is not funded by the Federal 
Government.
    E.O. 12988, Civil Justice Reform. This rule meets applicable 
standards in sections 3(a) and 3(b)(2) of this Order to minimize 
litigation, eliminate ambiguity, and reduce burden.
    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks. This rule is not an economically significant rule and 
does not concern and environmental risk to safety disproportionately 
affecting children.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1C, this final 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), Reports 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), 
6.04-6, 160.5; 49 CFR 1.46. Section 165.100 is also issued under 
authority of sec. 311, Pub. L. 105-383.

    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 designed on-scene-patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard 
vessel by 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 10 
a.m. until 4 p.m. on the Sunday following Labor Day.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-15045 Filed 6-14-99; 8:45 am]
BILLING CODE 4910-15-M