[Federal Register Volume 64, Number 114 (Tuesday, June 15, 1999)]
[Rules and Regulations]
[Pages 31982-31984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15045]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-98-175]
RIN 2115-AA97
Safety Zone: New York Super Boat Race, Hudson River, New York
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing 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: This final rule is effective July 15, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at Coast Guard Activities New York, 212 Coast
Guard Drive, Staten Island, New York 10305, between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
(718) 354-4193.
[[Page 31983]]
FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways
Oversight Branch, Coast Guard Activities New York (718) 354-4193.
SUPPLEMENTARY INFORMATION:
Regulatory History
On February 12, 1999, the Coast Guard published a notice of
proposed rulemaking entitled Safety Zone: New York Super Boat Race,
Hudson River, New York in the Federal Register (64 FR 7147). The Coast
Guard received one comment on the proposed rulemaking. No public
hearing was requested, and none was held.
Background and Purpose
Super Boat International Productions sponsors this annual high-
speed powerboat 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 final rule is effective annually from 10 a.m. until 4 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 final rule
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 Comments and Changes
The Coast Guard received one comment on the proposed rule. This
final rule is the same as the proposed rule except that the starting
time for the event has been moved from 11:30 a.m. to 10 a.m. This
change was made to provide for a Super Boat Limited race beginning at
11 a.m. This will be followed by the Super Boat Race beginning at 1
p.m. The Coast Guard is not publishing a Supplemental NPRM (SNPRM) for
this change. A SNPRM is not necessary because the final rule is not
materially different from the proposed rule, therefore the notice
provided for the NPRM was sufficient for this final rule. This
conclusion is based upon the following factors: the minimal extra time
requested, the minimal amount of commercial traffic affected, pleasure
craft can take an alternate route through the East River and the Harlem
River, and 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.
The Coast Guard received one comment regarding the location of
spectator craft at the southwest corner of the safety zone during
1998's event. This location is in the vicinity of Liberty State Parks,
Jersey City, New Jersey and Ellis Island. Commercial charters, which
were authorized to transit between Liberty State Park and Ellis Island
during the event, experienced difficulty navigating safely through this
area due to spectator craft infringing on the safety zone. The charter
boats experienced difficulty when entering and departing from their
berth at Liberty State Park. The charter boats were also forced to
transit further into the safety zone than had originally been planned.
The Coast Guard will maintain a clear lane at the southwest corner of
the safety zone for the charter boats to transit through. There is
still sufficient room around the remaining southern boundary of the
safety zone for the expected spectator craft to view this event.
Regulatory Evaluation
This final 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 final 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 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 six 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 considered whether this final rule 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 final rule
will not have a significant economic impact on a substantial number of
small entities.
Collection of Information
This final 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 final rule under the principles
and criteria contained in Executive Order 12612 and has determined that
this final rule does not have sufficient implications for federalism to
warrant the preparation of a Federalism Assessment.
Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub.
L. 104-4, 109 Stat. 48] requires Federal
[[Page 31984]]
agencies to assess the effects of certain regulatory actions on State,
local, and tribal governments, and the private sector. UMRA requires a
written statement of economic and regulatory alternatives for rules
that contain Federal mandates. A Federal mandate is a new or additional
enforceable jury imposed on any State, local, or tribal government, or
the private sector. If any Federal mandate causes those entities to
spend, in a aggregate, $100 million or more in any one year, the UMRA
analysis is required. This final rule does not impose Federal mandates
on any State, local, or tribal governments, or the private sector.
Other Executive Orders on the Regulatory Process
In addition to the statues and Executive Orders already addressed
in this preamble, the Coast Guard considered the following executive
orders in developing this final rule and reached the following
conclusions:
E.O. 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights. This rule will not effect a
taking of private property or otherwise have taking implications under
this Order.
E.O. 12875, Enhancing the Intergovernmental Partnership. This rule
will not impose, on any State, local, or tribal government, a mandate
that is not required by statute and that is not funded by the Federal
Government.
E.O. 12988, Civil Justice Reform. This rule meets applicable
standards in sections 3(a) and 3(b)(2) of this Order to minimize
litigation, eliminate ambiguity, and reduce burden.
E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks. This rule is not an economically significant rule and
does not concern and environmental risk to safety disproportionately
affecting children.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that under figure 2-1, paragraph 34(g), of
Commandant Instruction M16475.1C, this final 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), Reports and
recordkeeping requirements, Security measures, Waterways.
Regulation
For the reasons discussed in the preamble, the Coast Guard amends
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),
6.04-6, 160.5; 49 CFR 1.46. Section 165.100 is also issued under
authority of sec. 311, Pub. L. 105-383.
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 designed on-scene-patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard
vessel by 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 10
a.m. until 4 p.m. on the Sunday following Labor Day.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-15045 Filed 6-14-99; 8:45 am]
BILLING CODE 4910-15-M
