[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]


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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.

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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 
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]
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