[Federal Register: September 9, 2005 (Volume 70, Number 174)]
[Rules and Regulations]
[Page 53562-53564]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se05-11]
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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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