[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Proposed Rules]
[Pages 34192-34193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16150]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 126 / Friday, June 30, 1995 /
Proposed Rules
[[Page 34192]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-95-064]
RIN 2115-AA97
Safety Zone: Belmar Power Boat Race, Shark River, Belmar, NJ
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a safety zone for the
Belmar Power Boat Race located in the Shark River, Belmar, New Jersey.
The safety zone would be in effect on Sunday, August 20, 1995, from 11
a.m. until 5 p.m., unless extended or terminated sooner by the Captain
of the Port, New York. The proposed rectangular safety zone would close
the waters of the Shark River ranging from 100 to 350 yards off the
northern shoreline of Maclearie Park, Belmar, New Jersey, from the
Municipal Boat Basin western entrance, extending westerly approximately
750 yards.
DATES: Comments must be received on or before July 31, 1995.
ADDRESSES: Comments should be mailed to U.S. Coast Guard Group, New
York, Bldg. 108, Governors Island, New York 10004-5096, or may be
delivered to the Maritime Planning Staff, Bldg. 108, between 8 a.m. and
4 p.m., Monday through Friday, except Federal holidays. Any person
wishing to visit the office must contact the Maritime Planning Staff at
(212) 668-7934 to obtain advance clearance due to the fact that
Governors Island is a military installation with limited access.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief,
Coast Guard Group New York, (212) 668-7934.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments. Good
cause exists for publishing this Notice of proposed rulemaking (NPRM)
with a 30 day comment period. A 30 day comment period is deemed to be
sufficiently reasonable notice to all interested persons. Since this
proposed rulemaking is neither complex nor technical, a longer comment
period is deemed to be unnecessary and contrary to the public interest
as it would delay publication of a final rule. Any delay in publishing
a final rule would effectively cancel this event. Cancellation of this
event would be contrary to public interest.
Persons submitting comments should include their names and
addresses, identify this notice (CGD01-95-064) 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 Maritime Planning Staff 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.
Drafting Information: The drafters of this notice are LTJG K.
Messenger, Project Manager, Coast Guard Group New York, and LCDR J.
Stieb, Project Attorney, First Coast Guard District, Legal Office.
Background and Purpose
The East Coast Boat Racing Club of New Jersey submitted an
Application for Approval of Marine Event for a power boat race in Shark
River, New Jersey. This regulation would establish a rectangular safety
zone in the waters of the Shark River ranging from 100 to 350 yards off
the northern shoreline of Maclearie Park, Belmar, New Jersey, from the
Municipal Boat Basin western entrance, extending westerly approximately
750 yards, and bounded by the lines of latitude 40 deg.10'48'' N and
40 deg.10'55'' N, and the lines of longitude 074 deg.01'58'' W and
074 deg.02'26'' W (NAD 1983). This proposed regulation would be in
effect on August 20, 1995, from 11 a.m. until 5 p.m., unless extended
or terminated sooner by the Captain of the Port New York. This safety
zone would prevent vessels not participating in this event from
transiting this portion of the Shark River, Belmar, New Jersey. Vessels
participating in this event include race participants and race
committee craft. All other vessels, swimmers, and personal watercraft
of any nature are precluded from entering or moving within the safety
zone. This regulation is needed to protect the boating public from the
hazards associated with high speed power boat racing in confined
waters.
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 close a portion of the Shark River
to non-participating vessel traffic on August 20, 1995, from 11 a.m.
until 5 p.m., unless extended or terminated sooner by the Captain of
the Port New York. Although this regulation would prevent traffic from
transiting the area of the safety zone, the effect of this regulation
would to be significant for several reasons: The limited duration of
the event; mariners can transit around the safety zone using the
channels to the north and to the south of this area; this portion of
Shark River is charted as having only 2 feet of water and is only
navigable by small recreational craft; and the extensive, advance
advisories that will be made. Accordingly, the Coast Guard expects the
economic impact of this regulation to be so minimal that a Regulatory
Evaluation is unnecessary.
[[Page 34193]]
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
(15 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.
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 federalism
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 section 2.B.2.e. of Commandant
Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, the
promulgation of this regulation is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination and
Environmental Analysis Checklist are included in the docket. An
appropriate environmental analysis of the powerboat race under the
National Environmental Policy Act will be conducted in conjunction with
the marine event permitting process.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulation
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.T01-064, is added to read as follows:
Sec. 165.T01-064 Safety Zone; Belmar Power Boat Race, Shark River,
Belmar, New Jersey.
(a) Location. This rectangular safety zone includes all waters of
the Shark River ranging from 100 to 350 yards off the northern
shoreline of Maclearie Park, Belmar, New Jersey, from the Municipal
Boat Basin western entrance, extending westerly approximately 750
yards, and bounded by the lines of latitude 40 deg.10'48''N and
40 deg.10'55''N, and the lines of longitude 074 deg.01'58''W and
074 deg.02'26''W (NAD 1983).
(b) Effective period. This section is in effect on August 20, 1995,
from 11 a.m. until 5 p.m., unless extended or terminated sooner by the
Captain of the Port New York.
(c) Regulations. (1) Vessels not participating in this event,
swimmers, and personal watercraft of any nature are precluded from
entering or moving within the safety zone.
(2) The general regulations contained in 33 CFR 165.23 apply.
(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. 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: June 20, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-16150 Filed 6-29-95; 8:45 am]
BILLING CODE 4910-14-M
