[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Proposed Rules]
[Pages 43815-43816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15079]



[[Page 43815]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-05-027]
RIN 1625-AA00


Safety Zone; New York Super Boat Race, Hudson River, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily alter the effective 
period of the safety zone defined in 33 CFR 165.162 for the annual New 
York Super Boat Race. This temporary rule would change the effective 
date for this safety zone from Sunday, September 11, 2005 to Saturday, 
September 10, 2005 to permit the race sponsors to avoid interfering 
with various 9-11 memorial activities scheduled for the currently 
regulated date. This action is proposed to protect life on navigable 
waters during the event. No other changes to the original regulation 
are proposed.

DATES: Comments and related material must reach the Coast Guard on or 
before August 29, 2005.

ADDRESSES: You may mail comments and related material to Waterways 
Management Division (CGD01-05-027), Coast Guard Sector New York, 212 
Coast Guard Drive, Staten Island, NY 10305. The Waterways Management 
Division of Coast Guard Sector New York maintains the public docket for 
this rulemaking. Comments and material received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, will become part of this docket and will be available for 
inspection or copying at the Waterways Management Division, Coast Guard 
Sector New York, between 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Commander B. Willis, Waterways 
Management Division, Coast Guard Sector New York at (718) 354-4220.

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-
027), 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.

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 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 received the annual application to hold the New 
York Super Boat Race on the waters of the Hudson River. With this 
application, the event sponsor requested that the event be permitted to 
take place on Saturday, September 10, 2005, rather than the usual 
Sunday following Labor Day, which falls on September 11, 2005. The 
temporary deviation from the permanent regulation was requested to 
avoid interfering with the events scheduled in the area associated with 
the observance of 9-11.

Discussion of Proposed Rule

    This rule would change the effective date for the safety zone 
established in 33 CFR 165.162 for the New York Super Boat Race for the 
current year only, and no other substantive regulatory changes are 
proposed. The proposed safety zone would be in effect from 10 a.m. 
until 4 p.m. on Saturday, September 10, 2005, and is needed to protect 
the waterway users from the hazards associated with high-speed 
powerboats racing in confined waters.

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).
    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 DHS 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 Saturday is similar to that on a Sunday and 
less than half of the normal weekday 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; extensive advisories 
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. 601-612), 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 or anchor in a portion of the 
Hudson River from 10 a.m. to 4 p.m. on September 10, 2005. This rule 
would not have a significant economic impact on a substantial number of 
small entities for the reasons stated in the Regulatory Evaluation 
section above.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

[[Page 43816]]

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 rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Commander B. Willis, Waterways 
Management Division, Coast Guard Sector New York at (718) 354-4220. The 
Coast Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

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

Indian Tribal Governments

    This proposed rule does 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 analyzed this proposed rule under Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that there are no factors in this 
case that would limit the use of a categorical exclusion under section 
2.B.2 of the Instruction. Therefore, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(g) of the 
Instruction, from further environmental documentation. This rule fits 
the category selected from paragraph (34)(g), as it would modify the 
effective period of an existing safety zone regulation.
    A preliminary ``Environmental Analysis Check List'' is available in 
the docket where indicated under ADDRESSES. Comments on this section 
will be considered before we make the final decision on whether the 
rule should be categorically excluded from further environmental 
review.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to temporarily amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191; 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. From 10 a.m. to 4 p.m. on September 10, 2005, suspend Sec.  
165.162(c) and add Sec.  165.162(d) to read as follows:


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

* * * * *
    (d) Effective Period. This section is in effect from 10 a.m. until 
4 p.m. on Saturday, September 10, 2005.

    Dated: June 30, 2005.
Glenn A. Wiltshire,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 05-15079 Filed 7-28-05; 8:45 am]
BILLING CODE 4910-15-P