[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Proposed Rules]
[Pages 27893-27895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13581]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGDO1-98-002]
RIN 2121-AA97
Safety Zone; New York Super Boat Race, New York
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
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 13, 1998,
from 11:30 a.m. until 4:00 p.m. unless extended or terminated sooner by
the Captain of the Port, New York. The proposed safety zone would
restrict vessel traffic in the Lower Hudson River between Battery Park
and Pier 76 in Manhattan. The proposed safety zone is needed to protect
racing participants and spectator craft from the hazards associated
with high speed powerboat racing.
DATES: Comments must be received on or before August 19, 1998.
ADDRESSES: Comments should be mailed to Lieutenant Junior Grade Alma
Kenneally, Waterways Oversight Branch, Coast Guard Activities New York,
212 Coast Guard Drive, Staten Island, New York 10305.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade Alma Kenneally, Waterways Oversight Branch,
Coast Guard Activities New York (718) 354-4195.
[[Page 27894]]
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 notice (CGD01-98-002) 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 International Productions, 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 the northwest corner of Pier 76 in Manhattan and a
point in Weehawken, New Jersey at approximate position 40 deg.45'52''N
074 deg.01'01''W, 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 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 would be effective on Sunday, September 13, 1998,
from 11:30 a.m. until 4:00 p.m., unless extended or terminated sooner
by the Captain of the Port of New York. This safety zone would restrict
vessel traffic in 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 excessive speeds.
This event will include up to 40 powerboats, 24 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 restrict vessel traffic in 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 on Sunday, September
13, 1998, from 11:30 a.m. until 4:00 p.m., unless extended or
terminated sooner by the Captain of the Port of 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 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.
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, is adopted, 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).
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 federal
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 Figure 2-1, paragraph 34(g), of
Commandant Instruction M16475.1C, it is categorically excluded from
further environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
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 section 165.T01-002, is added to read as follows:
[[Page 27895]]
Sec. 165.T01-002 Safety Zone; New York Super Boat Race, Hudson River,
New York and New Jersey.
(a) Location. The following area is a safety zone: All waters of
the Lower Hudson River between Pier 76 in Manhattan and a point on the
New Jersey shore in Weehawken, New Jersey at 40 deg.45'52''N
074 deg.01'01''W, and north of a line connecting the following points:
Latitude Logitude
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) Effective period. This safety zone is in effect on Sunday,
September 13, 1998, from 11:30 a.m. until 4 p.m., unless terminated
sooner by the Captain of the Port New York.
(c) Regulations. (1) The general regulations contained in 33 CFR
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: May 8, 1998.
L.M. Brooks,
Captain, U.S. Coast Guard, Acting Captain of the Port, New York.
[FR Doc. 98-13581 Filed 5-20-98; 8:45 am]
BILLING CODE 4910-15-M
