[Federal Register Volume 61, Number 170 (Friday, August 30, 1996)]
[Rules and Regulations]
[Pages 45891-45892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22211]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-96-072]
RIN 2121-AA97
Safety Zone: New York Super Boat Race, New York
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
lower Hudson River, for the New York Super Boat Race. The temporary
safety zone will be 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. The safety zone will close the entire Lower
Hudson River between Battery Park and Pier 76 in Manhattan.
EFFECTIVE DATE: This rule is effective from 12 p.m. until 4 p.m. on
Sunday, September 8, 1996, unless extended or terminated sooner by the
Captain of the Port, New York.
FOR FURTHER INFORMATION CONTACT:
Lieutenant John W. Green, Waterways Oversight Branch Chief, Coast Guard
Activities New York at (212) 668-7906.
SUPPLEMENTARY INFORMATION:
Regulatory History
On August 5, 1996, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register (61 FR 40587). Interested
persons were requested to submit comments on or before August 20, 1996.
The Coast Guard received four comments on this proposal. A public
hearing was not requested and one was not held. The Coast Guard is
promulgating the final rule as proposed. Good cause exists for making
this regulation effective less than 30 days after Federal Register
publication. Due to the NPRM comment period deemed necessary to give
the public adequate notice, there was insufficient time to publish this
temporary final rule 30 days prior to the event. The delay that would
be encountered to allow for a 30 day delayed effective date would cause
the cancellation of this event. Cancellation of this event is contrary
to the public interest since this event is intended for public
entertainment.
Background and Purpose
Super Boat Racing Inc. submitted an Application for Approval of
Marine Event for a Super Boat Race in the waters of the Lower Hudson
River. 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. This
regulation establishes a temporary safety zone in the waters of the
Lower Hudson River south of a line drawn from Pier 76 in Manhattan to a
point in Weehawken, New Jersey at 40 deg.45'52'' N latitude,
74 deg.01'01'' W longitude, and north of a line connecting the
following points:
Latitude Longitude
40 deg.42'16.0'' N 74 deg.01'09.0'' W, then south to
40 deg.41'55.0'' N 74 deg.01'16.0'' W, then west to
40 deg.41'47.0'' N 74 deg.01'36.0'' W, then northwest
to
40 deg.41'55.0'' N 74 deg.01'59.0'' W, then to shore
at
40 deg.42'20.5'' N 74 deg.02'06.0'' W (NAD 1983)
The safety zone will 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 section prohibits all vessels and
persons from entering the safety zone unless authorized by the Coast
Guard Captain of the Port. The safety zone is needed to protect
mariners from the hazards associated with high speed boat races.
Discussion of Comments and Changes
Of the four comments received, two were from companies operating
sightseeing cruises, one was from a company operating an excursion
boat, and one was from a ferry company. Three requested limited access
through the safety zone in order to meet commitments previously
reserved by paying customers and one requested the race route be moved
in order for its ferryboat to meet a published schedule. All responses
were considered and limited access was granted to meet the majority of
the responders needs. Movement of the race course was not possible nor
warranted and the ferryboat company was provided limited access in
order to meet its operating schedule.
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
[[Page 45892]]
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 will 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
on Sunday, September 8, 1996, from 12 p.m. until 4 p.m. This portion of
the Hudson River experiences moderate commercial and recreational
marine traffic. Although this regulation prevents traffic from
transiting this area, the effect of this regulation will not be
significant for several reasons: limited access has been arranged with
time-sensitive commercial traffic; 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; and 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.
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 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.
Regulation
For reasons set out 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),
6.04-1, 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 on the New Jersey shore in Weehawken, New
Jersey at 40 deg.45'52'' N latitude, 74 deg.01'01'' W longitude, and
north of a line connecting the following points:
Latitude Longitude
40 deg.42'16.0'' N 74 deg.01'09.0'' W, then south to
40 deg.41'55.0'' N 74 deg.01'16.0'' W, then west to
40 deg.41'47.0'' N 74 deg.01'36.0'' W, then northwest
to
40 deg.41'55.0'' N 74 deg.01'59.0'' W, then to shore
at
40 deg.42'20.5'' N 74 deg.02'06.0'' W (NAD 1983)
(b) Effective period. This section 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 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: August 23, 1996.
Richard C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 96-22211 Filed 8-29-96; 8:45 am]
BILLING CODE 4910-14-M
