[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Proposed Rules]
[Pages 25794-25797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10946]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0092]
RIN 1625-AA08


Regulated Navigation Area: Red Bull Air Race World Championship, 
Upper New York Bay, Lower Hudson River, NJ and NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary regulated 
navigation area on the navigable waters of the lower Hudson River and 
Upper New York Bay in the vicinity of Liberty State Park, New Jersey 
and Ellis Island, New Jersey and New York for the Red Bull Air Race 
World Championship, an event scheduled to be held over water. This 
regulation is necessary to protect participants and spectators from the 
hazards associated with air races. This proposed action is intended to 
restrict vessel traffic in a portion of the lower Hudson River and 
Upper New York Bay during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 9, 2010.
    Requests for public meetings must be received by the Coast Guard on 
or before June 9, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0092 using any one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Fax: 202-493-2251.
     Mail: Docket Management Facility (M-30), U.S. Department 
of Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail LTJG Eunice James, Coast Guard Sector New York 
Waterways Management Division, Marine Events Branch; telephone 718-354-
4163, e-mail [email protected]. If you have questions on viewing 
or submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

[[Page 25795]]


SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0092), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0092'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\; by 11 inches, 
suitable for copying and electronic filing. If you submit comments by 
mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0092'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting 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.

Basis and Purpose

    Red Bull Air Race GmbH is sponsoring the Red Bull Air Race World 
Championship event on and over the waters of the lower Hudson River and 
Upper New Bay, in the vicinity of Liberty State Park, NJ and Ellis 
Island, NJ and NY on June 17, 2010 through June 20, 2010.
    The event will feature lightweight racing planes, performing low-
flying, high speed precision maneuvers while navigating a low-level 
aerial track made up of air-filled pylons. The objective is for pilots 
to complete the course in the fastest time while safely navigating 
specially designed inflatable pylons known as ``Air Gates'' that will 
be strategically placed in the water to form the race course. The event 
organizer will commence setting up the race course and placing the Air 
Gates in position, on June 14 through June 16, 2010.
    It is anticipated that spectator vessels will gather nearby to view 
the event. To provide for the safety of participants, support vessels, 
spectators and transiting vessels, the Coast Guard Captain of the Port 
New York will temporarily restrict vessel traffic during the event.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary regulated 
navigation area on specified waters of the Hudson River and Upper New 
York Bay. The regulated area will encompass all waters of Upper New 
York Bay and the Hudson River, bound by the following points (NAD 83):
    40[deg]42'31.8'' N, 074[deg]02'04.0'' W; thence to 40[deg]42'36.3'' 
N, 074[deg]01'47.9'' W; thence to 40[deg]42'34.1'' N, 074[deg]01'28.6'' 
W; thence to 40[deg]42'07.5'' N, 074[deg]01'26.4'' W; thence to 
40[deg]41'17.5'' N, 074[deg]02'07.3'' W; thence to 40[deg]41'46.2'' N, 
074[deg]03'04.0'' W; and bound by the shoreline in the vicinity of 
Liberty State Park, NJ. The Captain of the Port New York will establish 
spectator vessel viewing areas within the boundaries of the regulated 
area. Access to the spectator vessel viewing areas will be restricted 
to vessels based on vessel size.
    This proposed rule is intended to ensure the safety of the public 
and vessels during the event and during scheduled activities related to 
the event associated with the Red Bull Air Race Championship event.
    The regulations will be in effect daily from 8 a.m. to 6 p.m., June 
17th through June 20th, 2010. On June 17-20, 2010, the restrictions 
will be enforced as needed and therefore will be intermittent. On June 
17-18, 2010, the restrictions on the regulated area closure will total 
no more than 5 hours between the hours of 8 a.m. to 6 p.m. On June 19-
20, 2010, the regulated area closure will total no more than 6 hours 
between the hours of 8 a.m. to 6 p.m. The effect will be to restrict 
general navigation in the regulated area during the event and during 
scheduled activities related to the event. Except for persons or 
vessels authorized by the Coast Guard Captain of the Port New York or 
the designated representative, no person or vessel may enter or remain 
in the regulated area during the enforcement period. The Captain of the 
Port New York will notify the public of specific enforcement times by 
Marine Radio Safety Broadcast.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory

[[Page 25796]]

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.
    Although this proposed rule prevents vessels from transiting a 
portion of the Hudson River and Upper New York Bay during the event, 
the effect of this regulation will not be significant due to the 
limited duration the regulated area will be in effect and enforced. In 
addition, advance notifications will be made to the maritime community 
via information broadcasts, and local notice to mariners.

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 rule will affect the following entities: The owners and 
operators of vessels intending to transit or anchor in a portion of the 
lower Hudson River and Upper New York Bay in the vicinity of Liberty 
State Park, NJ between 10 a.m. June 17, 2010 to 6 p.m. June 20, 2010.
    This proposed regulated navigation area will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons: The regulated area would be activated for four days, 
and subject to enforcement, for approximately 6 hours each day when 
participating vessels and aircrafts are in the area. Vessel traffic can 
safely transit all waters outside the regulated area during the event. 
Before the effective period, we will issue maritime advisories widely 
available to users of the waterway.
    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.

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 LTJG Eunice James, office: (718) 
354-4163, email: [email protected]. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed 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 (adjusted for 
inflation) 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 cause 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.

[[Page 25797]]

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide 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 this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves the establishment of regulated areas, including two 
spectator vessel viewing areas for a marine event which a permit 
application was made.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:
    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 6.05; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.
    2. Add Sec.  165.T01-0092 to read as follows:


Sec.  165.T01-0092  Regulated Navigation Area; Red Bull Air Race 
Championship, Upper New York Bay and Hudson River, New York.

    (a) Regulated Navigation Area. The regulated area includes all 
waters of Upper New York Bay and the lower Hudson River bound by the 
following points (NAD 83): 40[deg]42[min]31.8[sec] N, 
074[deg]02[min]04.0[sec] W; thence to 40[deg]42[min]36.3[sec] N, 
74[deg]01[min]47.9[sec] W; thence to 40[deg]42[min]34.1[sec] N, 
074[deg]01[min]28.6[sec] W; thence to 40[deg]42[min]07.5[sec] N, 
074[deg]01[min]26.4[sec] W; thence to 40[deg]41[min]17.5[sec] N, 
074[deg]02[min]07.3[sec] W; thence to 40[deg]41[min]46.2[sec] N, 
074[deg]03[min]04.0[sec] W; thence along the shoreline to the point of 
origin. Within this area, the Captain of the Port New York may 
establish--
    (b) Definition. As used in this section, ``designated 
representative'' means a commissioned, warrant, or petty officer of the 
Coast Guard who has been designated by the Captain of the Port Sector 
New York.
    Regulations. (1) No person or vessel may enter, transit, or remain 
in the regulated area, unless participating in the event or unless 
authorized by the Coast Guard Captain of the Port New York or 
designated representative.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port New York or the designated on-scene 
representative. Upon being hailed by a Coast Guard or other law 
enforcement vessel by siren, radio, flashing light, or other means the 
operator of a vessel shall proceed as directed.
    (c) Enforcement period. The regulated area will be enforced daily 
from 8 a.m. to 6 p.m. on June 17 through June 20, 2010.

    Dated: May 4, 2010.
J.A. Servidio,
Captain, U.S. Coast Guard, Acting, Commander, First Coast Guard 
District.
[FR Doc. 2010-10946 Filed 5-7-10; 8:45 am]
BILLING CODE 9110-04-P