[Federal Register: February 15, 2005 (Volume 70, Number 30)]
[Proposed Rules]
[Page 7702-7704]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15fe05-27]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD01-05-005]
RIN 1625-AA08
Special Local Regulations for Marine Event; Manhattan College
Invitational Regatta, Harlem River, New York, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary special
local regulation for a regatta located on the Harlem River. This
proposed action would protect life and property on the navigable waters
of the United States during the event. This action would restrict
vessel traffic in a portion of the Harlem River, New York, NY, during
the event.
DATES: Comments and related material must reach the Coast Guard on or
before March 17, 2005.
ADDRESSES: You may mail comments and related material to Waterways
Oversight Branch, Coast Guard Activities New York, 212 Coast Guard
Drive, Room 203, Staten Island, NY 10305, or hand deliver them between
the hours of 8 a.m. and 3 p.m., at the same address above, Monday
through Friday, except Federal holidays. 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 CGD01-05-005 and are
available for inspection or copying at the address indicated above
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander W. Morton,
Waterways Oversight Branch, Coast Guard Activities New York (718) 354-
4191.
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-
005), 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.
If, as we anticipate, we make this temporary final rule effective
less than 30 days after publication in the Federal Register, we will
explain in that publication, as required by 5 U.S.C. (d)(3), our good
cause for doing so.
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
[[Page 7703]]
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 has received an application from Manhattan College
to hold a rowing regatta on the waters of the Harlem River. This rule
would establish a temporary special local regulation for that event,
the Manhattan College Invitational Regatta. This action is necessary to
protect life and property on the navigable waters of the United States
during the event. This temporary special local regulation would be
enforced for twelve hours between the hours of 7 a.m and 7 p.m. on
Saturday April 2, 2005.
Discussion of Rule
This rule would establish a temporary special local regulation in
all waters of the Harlem River between the Macombs Dam Bridge and the
University Heights Bridge. The proposed regulation would restrict
general navigation in the regulated area located on the Harlem River.
General navigation would be restricted unless the COTP, New York or the
designated on-scene patrol personnel authorize transit. These
designated on-scene patrol personnel comprise commissioned, warrant,
and petty officers of the United States Coast Guard.
This special local regulation would be in effect from 7 a.m. until
7 p.m. on Saturday, April 2, 2005. It would prevent vessels from
transiting a portion of the Harlem River and is needed to protect the
maritime public and the event participants. Vessels may be authorized
to transit through the zone and such authorization may be requested by
contacting the Activities New York Marine Events Coordinator at (718)
354-4197, at least 2 business days prior to the event. Public
notifications would be made prior to the event via the Local Notice to
Mariners and Marine Information Broadcast to allow maritime interests
ample opportunity to schedule around the event.
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). We expect the economic impact of this proposed
rule to be so minimal that a full Regulatory Evaluation under the
regulatory policies and procedures of DHS is unnecessary.
This finding is based on the limited use of this portion of
waterway by other maritime interests and that limited accommodations
will be made to meet the needs of commercial and other vessel traffic
that require transit times during this event. The Coast Guard will
provide further notice of the date and time of the regatta and this
notice will be made to the local maritime community by the Local Notice
to Mariners, marine information broadcasts; and on the Internet at
http://homeport.uscg.mil.
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 a portion of the affected waterway during the time
this zone is enforced.
This special local regulation would not have a significant economic
impact on a substantial number of small entities for reasons enumerated
under the ``Regulatory Evaluation'' section.
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 temporary rule so that they can
better evaluate its effects on them and participate in the rulemaking.
If the proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Lieutenant
Commander W. Morton, Waterways Oversight Branch, Coast Guard Activities
New York at (718) 354-4191.
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 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 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 affect 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 proposed rule is not an
[[Page 7704]]
economically significant rule and would not create an environmental
risk to health or risk to safety that may disproportionately affect
children.
Indian Tribal Governments
This proposed rule would 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 considered the environmental impact of this proposed rule
and concluded that under figure 2-1, paragraph 34(h), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. This rule fits paragraph 34(h) as it
establishes special local regulations. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Part 100 as follows:
PART 100--REGATTAS AND MARINE PARADES
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1223; and Department of Homeland Security
Delegation No. 0170.1.
2. From 7 a.m. to 7 p.m. on April 2, 2005, add temporary Sec.
100.35T01-005 to read as follows: Sec. 100.35T01-005 Special Local
Regulation; Manhattan College Invitational Regatta, Harlem River, New
York, NY
(a) Regulated area. All portions of the Harlem River between the
Macombs Dam Bridge and the University Heights Bridge, New York, NY.
(b) Enforcement period. This section will be enforced from 7 a.m.
to 7 p.m. on Saturday, April 2, 2005.
(c) Special Local Regulations. (1) All vessels are prohibited from
transiting the area without authorization of the COTP, New York or the
designated on-scene-patrol personnel.
(2) Authorization to transit the area during the enforcement period
may be obtained by contacting Activities New York, Marine Events
Coordinator, at (718) 354-4197, at least 2 business days prior to the
event.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
Dated: February 8, 2005.
John L. Grenier,
Captain, U. S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 05-2869 Filed 2-14-05; 8:45 am]
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