Safety Zone: New York Super Boat Race, New York

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-96-072]

RIN 2121-AA97

Safety Zone: New York Super Boat Race, New York

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone

in the lower Hudson River, for the New York Super Boat Race. The

temporary safety zone would be in effect on Sunday, September 8, 1996,

from 12 p.m. until 4 p.m. unless extended on terminated sooner by the

Captain of the Port, New York. The proposed safety zone would close the

entire Lower Hudson River between Battery Park and Pier 76 in

Manhattan.

DATES: Comments must be received on or before August 20, 1996.

ADDRESSES: Comments should be mailed to lieutenant John W. Green,

Waterways Oversight Branch, Coast Guard Activities New York, Bldg. 108,

Governors Island, New York 10004-5096.

FOR FURTHER INFORMATION CONTACT: Lieutenant John W. Green, Waterways

Oversight Branch, Coast Guard Activities New York (212) 668-7906.

[[Page 40588]]

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments. Good

cause exists for providing a comment period of less than 30 days. Due

to the date final information concerning the event was received, a

comment period of greater than 15 days would not allow sufficient time

to publish a final rule prior to the scheduled date of the event. Since

this proposal is neither complex nor technical, a 15 day comment period

is sufficient to provide reasonable notice of the proposed regulation.

A longer comment period would be impracticable, unnecessary, and

contrary to the public interest.

Persons submitting comments should include their names and

addresses, identify this notice (CGD01-96-072) and the specific section

of the proposal to which their comments apply, and give reasons for

each comment. Persons wanting acknowledgment of receipt of comments

should enclose a stamped, self-addressed postcard or envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no public hearing; however, persons may request a

public hearing by writing to the Waterways Oversight Branch at the

address under ADDRESSES. If it is determined 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 Racing Inc. has submitted an Application for Approval of

Marine Event for a Super Boat Race in the waters of the Lower Hudson

River. This regulation would establish a temporary safety zone in the

waters of the Lower Hudson River south of a line drawn from Pier 76 in

Manhattan and a point in Weehawken, New Jersey at 40 deg.45'52''N

latitude, 074 deg.01 deg.01''W longitude, and north of a line

connecting the following points:

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

(NAD 83)

The safety zone would be effective on Sunday, September 8, 1996,

from 12 p.m. until 4 p.m., unless extended or terminated sooner by the

Captain of the Port New York. This safety zone would close all waters

of the Lower Hudson River south of a line drawn from Pier 76 in

Manhattan to a point located directly opposite on the New Jersey

shoreline and north of a line drawn between Battery Park in Manhattan

and the southern most point of Ellis Island in the Upper New York Bay.

This safety zone is needed to protect mariners from the hazards

associated with a boat race in which the participants transit at high

speeds.

This event will include up to 45 powerboats, 40 to 50 feet in

length, racing on an 8 mile oval course at speeds in excess of 100 mph.

No more than 100 spectator craft are expected for the event.

Regulatory Evaluation

This proposal 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 been exempted from review 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

proposal to be so minimal that a full Regulatory Evaluation under

paragraph 10(e) of the regulatory policies and procedures of DOT is

unnecessary. This safety zone would close all waters of the Lower

Hudson River south of a line drawn from Pier 76 in Manhattan to a point

located directly opposite of the New Jersey shoreline and north of a

line drawn between Battery Park in Manhattan and the southern most

point of Ellis Island in the Upper New York Bay on Sunday, September 8,

1996, from 12 p.m. until 4 p.m., unless extended or terminated sooner

by the Captain of the Port New York. Although this regulation would

prevent traffic from transiting this area, the effect of this

regulation would not be significant for several reasons: 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 hours; the extensive

advisories which will be made to the affected maritime community by

Local Notice to Mariners, Safety Voice Broadcast, and facsimile

notification.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include independently owned and operated small businesses

that are not dominant in their field and that otherwise qualify as

``small business concerns'' under Section 3 of the Small Business Act

(21 U.S.C. 632).

For reasons set forth in the above Regulatory Evaluation, the Coast

Guard expects the impact of this proposal to be minimal. The Coast

Guard certifies under 5 U.S.C. 605(b) that this proposal 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 rule will have significant

economic impact on your business or organization, please submit a

comment explaining why you think it qualifies and in what way and to

what degree this rule will economically affect it.

Collection of Information

This proposal contains no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this action in accordance with the

principles and criteria contained in Executive Order 12612 and has

determined that this proposal does not raise sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the environmental impact of this

proposal and concluded that under section 2.B.2.e. of Commandant

Instruction M16475.1B, it is categorically excluded from further

environmental documentation. A Categorical Exclusion Determination and

Environmental Analysis Checklist is included in the docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

[[Page 40589]]

Proposed Regulations

For reasons set out 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.

2. A temporary Sec. 165.T01-072, is added to read as follows:

Sec. 165.T01-072 Safety Zone; New York Super Boat Race, Hudson River,

New York and New Jersey.

(a) Location. All waters of the Lower Hudson River between Pier 76

in Manhattan and a point of the New Jersey shore in Weehawken, New

Jersey at 40 deg.45'52''N latitude, 074 deg.01'01''W longitude and

north of a line connecting the following points:

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 (NAD 83) 074 deg.02'06.0'' W

(b) Effective period. This safety zone is in effect on Sunday,

September 8, 1996, from 12 p.m. until 4 p.m., unless extended or

terminated sooner by the Captain of the Port New York.

(c) Regulations. (1) The general regulations contained in

Sec. 165.23 apply.

(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.

Dated: July 18, 1996.

Richard C. Vlaun,

Captain, U.S. Coast Guard, Captain of the Port, New York.

[FR Doc. 96-19746 Filed 8-2-96; 8:45 am]

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