[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Rules and Regulations]
[Pages 53562-53564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17832]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-05-027]
RIN 1625-AA00


Safety Zone; New York Super Boat Race, Hudson River, NY

AGENCY: Coast Guard, DHS.

[[Page 53563]]


ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily altering the effective period 
of the safety zone defined in 33 CFR 165.162 for the annual New York 
Super Boat Race. This temporary rule changes the effective date for 
this safety zone from Sunday, September 11, 2005 to Saturday, September 
10, 2005. This action is required to protect life on navigable waters 
during the event.

DATES: This rule is effective from 10 a.m. to 4 p.m. on September 10, 
2005.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD01-05-027 and are available for inspection or 
copying at the Waterways Management Division, Coast Guard Sector New 
York, 212 Coast Guard Drive, Staten Island, NY 10305 between 8 a.m. and 
3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Commander B. Willis, Waterways 
Management Division, Coast Guard Sector New York at (718) 354-4220.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On July 29, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; New York Super Boat Race, Hudson River, 
New York in the Federal Register (70 FR 43815). We received no comments 
on the proposed rule. No public meeting was requested, and none was 
held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. If this rule were made effective 
30 days after publication, then this rule would be void because it 
would become effective after the date of the event.

Background and Purpose

    The Coast Guard received the annual application to hold the New 
York Super Boat Race on the waters of the Hudson River. With this 
application, the event sponsor requested that the event be permitted to 
take place on Saturday, September 10, 2005 rather than the usual Sunday 
following Labor Day, which falls on September 11, 2005. The temporary 
deviation from the permanent regulation was requested to avoid 
interfering with the events scheduled in the area associated with the 
observance of 9-11.

Discussion of Comments and Changes

    We received no letters commenting on the proposed rule and no 
changes have been made to the proposed rule as published.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory evaluation under paragraph 10e of the 
regulatory policies and procedures of DHS is unnecessary. Although this 
regulation prevents traffic from transiting a portion of the Lower 
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 Saturday is similar to that on a Sunday and less than 
half of the normal weekday 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; extensive advisories 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. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule affects the following entities, some of which might 
be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of the Hudson River from 10 a.m. to 4 
p.m. on September 10, 2005. This rule does not have a significant 
economic impact on a substantial number of small entities for the 
reasons stated in the Regulatory Evaluation section above.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have

[[Page 53564]]

taking implications under Executive Order 12630, Governmental Actions 
and Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' are 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard temporarily 
amends 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191; 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. From 10 a.m. to 4 p.m. on September 10, 2005, suspend Sec.  
165.162(c) and add Sec.  165.162(d) to read as follows:


Sec.  165.162  Safety Zone; New York Super Boat Race, Hudson River, New 
York.

* * * * *
    (d) Effective Period. This section is in effect from 10 a.m. until 
4 p.m. on Saturday, September 10, 2005.

    Dated: August 29, 2005.
Glenn A. Wiltshire,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 05-17832 Filed 9-8-05; 8:45 am]
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