97-20334. Safety Zone: New York Super Boat Race, New York  

  • [Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
    [Proposed Rules]
    [Pages 41324-41325]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-20334]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    
    33 CFR Part 165
    
    [CGD01-97-071]
    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 
    proposed safety zone would restrict vessel traffic in the Lower Hudson 
    River between Battery Park and Pier 76 in Manhattan.
    
    DATES: Comments must be received on or before September 2, 1997. The 
    temporary safety zone would be in effect on Sunday, September 7, 1997, 
    from 12 p.m. until 4 p.m.
    
    ADDRESSES: Comments should be mailed to Lieutenant Junior Grade Dave 
    Gefell, Waterways Oversight Branch, Coast Guard Activities New York, 
    212 Coast Guard Drive, Staten Island, New York 10305.
    
    FOR FURTHER INFORMATION CONTACT:
    Lieutenant Junior Grade Dave Gefell, Waterways Oversight Branch, Coast 
    Guard Activities New York, (718) 354-4195.
    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 (CGD01-97-071) and the specific section 
    of the proposal to which their comments apply, and give reasons for 
    each comment. Persons wanting acknowledgement 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 pier 76 in Manhattan and a point 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:
    
                                                                            
                                                                            
                                                                            
    Latitute                                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             
                                                                            
    
    
        The safety zone would be effective on Sunday, September 7, 1997, 
    from 12 p.m. until 4 p.m. 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. 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. 601-612), 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. 3501-3520).
    
    Federalism
    
        The Coast Guard has analyzed this action in accordance with the 
    principles and criteria contained in Executive
    
    [[Page 41325]]
    
    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.
    
    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. 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 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                      074 deg.02'06.0'' W             
                                                                            
    
        (b) Effective period. This safety zone would be in effect on 
    Sunday, September 7, 1997, from 12 p.m. until 4 p.m.
        (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: July 20, 1997.
    Richard C. Vlaun,
    Captain, U.S. Coast Guard, Captain of the Port, New York.
    [FR Doc. 97-20334 Filed 7-31-97; 8:45 am]
    BILLING CODE 4310-14-M
    
    
    

Document Information

Effective Date:
9/7/1997
Published:
08/01/1997
Department:
Coast Guard
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
97-20334
Dates:
Comments must be received on or before September 2, 1997. The temporary safety zone would be in effect on Sunday, September 7, 1997, from 12 p.m. until 4 p.m.
Pages:
41324-41325 (2 pages)
Docket Numbers:
CGD01-97-071
RINs:
2121-AA97
PDF File:
97-20334.pdf
CFR: (1)
33 CFR 165.T01-072