[Federal Register Volume 59, Number 173 (Thursday, September 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22167]
[[Page Unknown]]
[Federal Register: September 8, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-94-122]
RIN 2115-AA97
Safety Zone; Keyport Festival & Boat Race VI, Keyport Harbor, NJ
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone,
on October 22, 1994, in Keyport Harbor, for the Keyport Festival and
Boat Race VI to protect the boating public from the hazards associated
with high speed powerboats racing in confined waters. This event will
take place from 9 a.m. until 6 p.m. on Saturday, October 22, 1994. This
proposed regulation would close all waters within Keyport Harbor, New
Jersey, south of the 40 deg.26'39'' N line of latitude, drawn shore to
shore, east of the 074 deg.12'30'' W line of longitude, drawn shore to
shore, and north and west of the natural coastline of Keyport, New
Jersey during these hours. This safety zone would preclude vessel
traffic from transiting this portion of Keyport Harbor and is needed to
protect both the boating public and the participants during this event.
DATES: Comments must be received on or before October 11, 1994.
ADDRESSES: Comments should be mailed to Captain of the Port, New York,
Bldg. 108, Governors Island, New York 10004-5096, or may be delivered
to the Waterways Management Branch, Bldg. 108, between 8 a.m. and 4:30
p.m., Monday through Friday, except Federal holidays.
Any person wishing to visit the office must contact the Waterways
Management Branch at (212) 668-7933 to obtain advance clearance due to
the fact that Governors Island is a military installation with limited
access.
FOR FURTHER INFORMATION CONTACT:
Lieutenant R. Trabocchi, Waterways Management Officer, Coast Guard
Group New York (212) 668-7933.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments. A 30
day comment period is deemed to be sufficiently reasonable, prior
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. 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 (CGD01-94-122) 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 Project Manager 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 LT R. Trabocchi, Project Manager,
Captain of the Port, New York and CDR J. Astley, Project Attorney,
First Coast Guard District, Legal Office.
Background and Purpose
The Coast Guard Captain of the Port, New York, received a request
from the Chamber of Commerce of the Greater Keyport Area to hold a
powerboat race in Keyport Harbor, Keyport, New Jersey. This proposed
regulation establishes a safety zone for the annual event known as the
``Keyport Festival and Boat Race'' and would temporarily close a
portion of Keyport Harbor to protect both the boating public and the
participants during this event.
Discussion of Proposed Amendments
The Coast Guard proposes to establish a safety zone in all waters
of Keyport Harbor south of the Keyport Harbor Channel Buoy 12 and east
of a line drawn, shore to shore, across the mouth of Matawan Creek. If
adopted, this safety zone will be in effect from 9 a.m. until 6 p.m. on
October 22, 1994. This regulation would preclude vessels from
transiting this portion of Keyport Harbor as well as from entering or
departing Matawan Creek, Keyport, New Jersey. This regulation is needed
to protect the boating public as well as the participants during the
event from the hazards associated with high speed powerboats 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 proposed safety zone will close a portion of Keyport
Harbor as well as the entrance to Matawan Creek to all vessel traffic
between the hours of 9 a.m. and 6 p.m. on October 22, 1994. This
regulation would prohibit vessels from transiting through a portion of
Keyport Harbor and would preclude vessels from entering or departing
Matawan Creek, Keyport, New Jersey. However, due to the fact that
mariners can safely transit the northern portion of Keyport Harbor and
all waters north of the zone; that the amount of traffic in this area
is limited to one commercial cruise line and recreational craft; that
vessels may be permitted to transit through the safety zone between
race heats as determined by the on scene Coast Guard Patrol Commander;
and that extensive, advance notifications will be made to the one
commercial cruise line and the maritime community to allow for transits
to be rescheduled accordingly, the impact of this regulation is
expected to be minimal.
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.c. of Commandant
Instruction M16475.1B, it is an action under the Coast Guard's
statutory authority to promote maritime safety and protect the
environment, and thus is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination will
be included in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulations
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.T01-122, is added to read as follows:
Sec. 165.T01-122 Safety Zone; Keyport Festival and Boat Race VI,
Keyport Harbor, New Jersey.
(a) Location. The safety zone includes all waters within Keyport
Harbor, New Jersey, south of the 40 deg.26'39''N line of latitude,
drawn shore to shore, east of the 074 deg.12'30''W line of longitude,
drawn shore to shore, and north and west of the natural coastline of
Keyport, New Jersey.
(b) Effective period. This section will be effective from 9 a.m.
until 6 p.m. on October 22, 1994.
(c) Regulations.
(1) The general regulations contained in 33 CFR 165.23 apply to
this safety zone.
(2) 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: August 30, 1994.
T. H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 94-22167 Filed 9-7-94; 8:45 am]
BILLING CODE 4910-14-M
