[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Proposed Rules]
[Pages 7702-7704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2869]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD01-05-005]
RIN 1625-AA08


Special Local Regulations for Marine Event; Manhattan College 
Invitational Regatta, Harlem River, New York, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary special 
local regulation for a regatta located on the Harlem River. This 
proposed action would protect life and property on the navigable waters 
of the United States during the event. This action would restrict 
vessel traffic in a portion of the Harlem River, New York, NY, during 
the event.

DATES: Comments and related material must reach the Coast Guard on or 
before March 17, 2005.

ADDRESSES: You may mail comments and related material to Waterways 
Oversight Branch, Coast Guard Activities New York, 212 Coast Guard 
Drive, Room 203, Staten Island, NY 10305, or hand deliver them between 
the hours of 8 a.m. and 3 p.m., at the same address above, Monday 
through Friday, except Federal holidays. Comments and material received 
from the public, as well as documents indicated in this preamble as 
being available in the docket, are part of docket CGD01-05-005 and are 
available for inspection or copying at the address indicated above 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander W. Morton, 
Waterways Oversight Branch, Coast Guard Activities New York (718) 354-
4191.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-05-
005), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.
    If, as we anticipate, we make this temporary final rule effective 
less than 30 days after publication in the Federal Register, we will 
explain in that publication, as required by 5 U.S.C. (d)(3), our good 
cause for doing so.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Waterways Management Division 
at the address under ADDRESSES explaining why one would be beneficial. 
If we

[[Page 7703]]

determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    The Coast Guard has received an application from Manhattan College 
to hold a rowing regatta on the waters of the Harlem River. This rule 
would establish a temporary special local regulation for that event, 
the Manhattan College Invitational Regatta. This action is necessary to 
protect life and property on the navigable waters of the United States 
during the event. This temporary special local regulation would be 
enforced for twelve hours between the hours of 7 a.m and 7 p.m. on 
Saturday April 2, 2005.

Discussion of Rule

    This rule would establish a temporary special local regulation in 
all waters of the Harlem River between the Macombs Dam Bridge and the 
University Heights Bridge. The proposed regulation would restrict 
general navigation in the regulated area located on the Harlem River. 
General navigation would be restricted unless the COTP, New York or the 
designated on-scene patrol personnel authorize transit. These 
designated on-scene patrol personnel comprise commissioned, warrant, 
and petty officers of the United States Coast Guard.
    This special local regulation would be in effect from 7 a.m. until 
7 p.m. on Saturday, April 2, 2005. It would prevent vessels from 
transiting a portion of the Harlem River and is needed to protect the 
maritime public and the event participants. Vessels may be authorized 
to transit through the zone and such authorization may be requested by 
contacting the Activities New York Marine Events Coordinator at (718) 
354-4197, at least 2 business days prior to the event. Public 
notifications would be made prior to the event via the Local Notice to 
Mariners and Marine Information Broadcast to allow maritime interests 
ample opportunity to schedule around the event.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS). We expect the economic impact of this proposed 
rule to be so minimal that a full Regulatory Evaluation under the 
regulatory policies and procedures of DHS is unnecessary.
    This finding is based on the limited use of this portion of 
waterway by other maritime interests and that limited accommodations 
will be made to meet the needs of commercial and other vessel traffic 
that require transit times during this event. The Coast Guard will 
provide further notice of the date and time of the regatta and this 
notice will be made to the local maritime community by the Local Notice 
to Mariners, marine information broadcasts; and on the Internet at 
http://homeport.uscg.mil.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit a portion of the affected waterway during the time 
this zone is enforced.
    This special local regulation would not have a significant economic 
impact on a substantial number of small entities for reasons enumerated 
under the ``Regulatory Evaluation'' section.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed temporary rule so that they can 
better evaluate its effects on them and participate in the rulemaking. 
If the proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Lieutenant 
Commander W. Morton, Waterways Oversight Branch, Coast Guard Activities 
New York at (718) 354-4191.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Fairness Boards. 
The Ombudsman evaluates these actions annually and rates each agency's 
responsiveness to small business. If you wish to comment on actions by 
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an

[[Page 7704]]

economically significant rule and would not create an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Indian Tribal Governments

    This proposed rule would not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that under figure 2-1, paragraph 34(h), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. This rule fits paragraph 34(h) as it 
establishes special local regulations. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 100 as follows:

PART 100--REGATTAS AND MARINE PARADES

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1223; and Department of Homeland Security 
Delegation No. 0170.1.

    2. From 7 a.m. to 7 p.m. on April 2, 2005, add temporary Sec.  
100.35T01-005 to read as follows: Sec.  100.35T01-005 Special Local 
Regulation; Manhattan College Invitational Regatta, Harlem River, New 
York, NY
    (a) Regulated area. All portions of the Harlem River between the 
Macombs Dam Bridge and the University Heights Bridge, New York, NY.
    (b) Enforcement period. This section will be enforced from 7 a.m. 
to 7 p.m. on Saturday, April 2, 2005.
    (c) Special Local Regulations. (1) All vessels are prohibited from 
transiting the area without authorization of the COTP, New York or the 
designated on-scene-patrol personnel.
    (2) Authorization to transit the area during the enforcement period 
may be obtained by contacting Activities New York, Marine Events 
Coordinator, at (718) 354-4197, at least 2 business days prior to the 
event.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated 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.

    Dated: February 8, 2005.
John L. Grenier,
Captain, U. S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 05-2869 Filed 2-14-05; 8:45 am]
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