[Federal Register: July 29, 2005 (Volume 70, Number 145)]
[Proposed Rules]
[Page 43815-43816]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy05-33]
[[Page 43815]]
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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.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to temporarily alter the effective
period of the safety zone defined in 33 CFR 165.162 for the annual New
York Super Boat Race. This temporary rule would change the effective
date for this safety zone from Sunday, September 11, 2005 to Saturday,
September 10, 2005 to permit the race sponsors to avoid interfering
with various 9-11 memorial activities scheduled for the currently
regulated date. This action is proposed to protect life on navigable
waters during the event. No other changes to the original regulation
are proposed.
DATES: Comments and related material must reach the Coast Guard on or
before August 29, 2005.
ADDRESSES: You may mail comments and related material to Waterways
Management Division (CGD01-05-027), Coast Guard Sector New York, 212
Coast Guard Drive, Staten Island, NY 10305. The Waterways Management
Division of Coast Guard Sector New York maintains the public docket for
this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at the Waterways Management Division, Coast Guard
Sector New York, 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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-05-
027), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Waterways Management Division
at the address under ADDRESSES explaining why one would be beneficial.
If we determine that one would aid this rulemaking, we will hold one at
a time and place announced by a later notice in the Federal Register.
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 Proposed Rule
This rule would change the effective date for the safety zone
established in 33 CFR 165.162 for the New York Super Boat Race for the
current year only, and no other substantive regulatory changes are
proposed. The proposed safety zone would be in effect from 10 a.m.
until 4 p.m. on Saturday, September 10, 2005, and is needed to protect
the waterway users from the hazards associated with high-speed
powerboats racing in confined waters.
Regulatory Evaluation
This proposed 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 proposed 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 proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect 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
would not have a significant economic impact on a substantial number of
small entities for the reasons stated in the Regulatory Evaluation
section above.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
[[Page 43816]]
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Commander B. Willis, Waterways
Management Division, Coast Guard Sector New York at (718) 354-4220. The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination 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, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g) of the
Instruction, from further environmental documentation. This rule fits
the category selected from paragraph (34)(g), as it would modify the
effective period of an existing safety zone regulation.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether the
rule should be categorically excluded from further environmental
review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to temporarily amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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.
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: June 30, 2005.
Glenn A. Wiltshire,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 05-15079 Filed 7-28-05; 8:45 am]
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