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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-175]

RIN 2121-AA97

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

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 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: Comments must be received on or before April 13, 1999.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch

(CGD01-98-175), Coast Guard Activities New York, 212 Coast Guard Drive,

Staten Island, New York 10305, or deliver them to room 205 at the same

address between 8 a.m. and 3 p.m., Monday through Friday, except

Federal holidays.

The Waterways Oversight Branch of Coast Guard Activities New York

maintains the public docket for this rulemaking. Comments, and

documents as indicated in this preamble, will become part of this

docket and will be available for inspection or copying at room 205,

Coast Guard Activities New York, between 8 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways

Oversight Branch, Coast Guard Activities New York (718) 354-4193.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

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

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD01-98-175) and the specific section of

this document to which each comment applies, and give the reason for

each comment. Please submit two copies of all comments and attachments

in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgment of

receipt of comments should enclose stamped, self-addressed postcards or

envelopes.

The Coast Guard will consider all comments received during the

comment period. It may change this proposed rule in view of the

comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the waterways Oversight Branch at the

address under Addresses. The request should include the reasons why a

hearing would be beneficial. If it determines 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 International Productions sponsors this annual high-

speed power

[[Page 7148]]

boat 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 proposed regulation is effective annually from 11:30 a.m. until

4:00 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

proposed regulation 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 Proposed Rule

The proposed safety zone is for the annual New York Super Boat Race

held on the Lower Hudson River between Battery Park and Pier 76,

Manhattan. This event is held annually on the Sunday following Labor

Day. This rule is being proposed to provide for the safety of life on

navigable waters during the event, to give the marine community the

opportunity to comment on this event, and to decrease the amount of

annual paperwork required for this event.

Regulatory Evaluation

This proposed 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 proposed 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 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 four and one-

half 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 considers whether this proposed rule, if adopted, 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 proposed

rule, if adopted, 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

proposed rule will have a significant economic impact on your business

or organization, please submit a comment (see ADDRESSES) explaining why

you think it qualifies and in what way and to what degree this proposed

rule will economically affect it.

Collection of Information

This proposed 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 proposed rule under the

principles and criteria contained in Executive Order 12612 and has

determined that this proposed rule does not have sufficient

implications for federalism to warrant the preparation of a Federalism

Assessment.

Unfunded Mandates

Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the

Coast Guard must consider whether this rule will result in an annual

expenditure by state, local, and tribal governments, in the aggregate

of $100 million (adjusted annually for inflation). If so, the Act

requires that a reasonable number of regulatory alternatives be

considered, and that from those alternatives, the least costly, most

cost-effective, or least burdensome alternative that achieves the

objective of the rule be selected. No state, local, or tribal

government entities will be effected by this rule, so this rule will

not result in annual or aggregate costs of $100 million or more.

Therefore, the Coast Guard is exempt from any further regulatory

requirements under the Unfunded Mandates Act.

Environment

The Coast Guard considered the environmental impact of this

proposed rule and concluded that under figure 2-1, paragraph 34(g), of

Commandant Instruction M16475.1C, this proposed 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), Reporting and

recordkeeping requirements, Security measures, Waterways.

Proposed Regulation

For the reasons discussed 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.

[[Page 7149]]

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 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.

(c) Effective period. This section is in effect annually from 11:30

a.m. until 4:00 p.m. on the Sunday following Labor Day.

Dated: January 21, 1999.

R.E. Bennis,

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

[FR Doc. 99-3514 Filed 2-11-99; 8:45 am]

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