[Federal Register Volume 59, Number 121 (Friday, June 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15394]


[[Page Unknown]]

[Federal Register: June 24, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-94-070]
RIN 2115-AA97

 

Safety Zone; Budweiser Jet Sports Tour, Seaside Heights, Barnegat 
Bay, NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The annual Budweiser Jet Sports Tour is a jetski race held in 
Barnegat Bay, Seaside Heights, New Jersey. The race will be held on 
Friday through Sunday, July 15-17, 1994, in the waters of the Toms 
River, in Barnegat Bay, Seaside Heights, New Jersey. This regulation is 
necessary to control vessel traffic within the immediate vicinity of 
the event due to the confined nature of the waterway and anticipated 
congestion at the time of the event, thus providing for the safety of 
life and property on the affected navigable water.

EFFECTIVE DATES: This regulation is effective from 8 a.m. July 15 
through 5 p.m. July 17, 1994.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Benjamin M. Algeo, Chief Boating Safety 
Affairs Branch, First Coast Guard District, (617) 223-8310.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this notice are LTJG B.M. Algeo, project officer, 
Chief, Boating Safety Affairs Branch, First Coast Guard District and 
LCDR F.J. Kenney, project attorney, First Coast Guard District Legal 
Office.

Regulatory History

    Pursuant to 5 U.S.C. 553, a Notice of Proposed Rulemaking (NPRM) 
was not published for this regulation, and good cause exists for making 
it effective without publication of an NPRM in the Federal Register. 
The Budweiser Jet Sports Tour, now in its third year, has proven to be 
a popular local event. Increased participation and spectators have 
necessitated regulation of the waterway, however, the date of 
notification to the Coast Guard did not allow time for publication of a 
Notice of Proposed Rulemaking. The Coast Guard believes canceling the 
race would be contrary to the public interest, and that regulation is 
necessary to ensure safety of life, thereby good cause exists for 
publishing this final rule without an NPRM. Little commercial traffic 
is known to transit the area. However, sufficient notice will be 
provided for any affected party to alter plans with minimal impact. 
Vessels will be allowed to transit the affected area under escort 
between race heats.

Background and Purpose

    The sponsor, International Jet Sports Association has previously 
conducted this event in Barnegat Bay in 1992 and 1993. This year's race 
will follow a similarly marked course, however, the number of race 
participants and spectators has grown substantially since the race's 
inception. Therefore, it is necessary to establish special local 
regulations to control vessel movement within this confined area.
    This event will include up to 200 jetskis competing on a 
rectangular course at high speeds. Due to the inherent dangers of a 
race of this type, vessel traffic will be temporarily restricted to 
provide for the safety of the spectators and participants.

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 10e of the regulatory policies and procedures of DOT, is 
unnecessary. Commercial traffic on the affected portion of the Toms 
River is infrequent. The race is popular and is anticipated to draw 
business to the local merchants. Local commercial entities have been 
notified of the race schedule. Vessel traffic may be allowed to transit 
the regulated area between race heats at the discretion of the Patrol 
Commander.

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 the reasons set forth in the above Regulatory 
Evaluation, the Coast Guard expects the impact of this regulation to be 
minimal, and certifies under 5 U.S.C. 605(b) that this final rule will 
not have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This regulation contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq).

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 regulation 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 
regulation and concluded that under section 2.B.2.c. of Commandant 
Instruction M16475.1B it is an action to protect public safety and is 
categorically excluded from further environmental documentation. A 
Categorical Exclusion Determination will be made available in the 
docket.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

Regulations

    For reasons set out in the preamble, the Coast Guard proposes to 
amend 33 CFR part 100 as follows:

PART 300--[AMENDED]

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. A temporary section, 100.35-T01070 is added to read as follows:


Sec. 100.35-T01070  Budweiser Jet Sports Tour, Seaside Heights, NJ.

    (a) Regulated area. The regulated area will include all waters 
within the following points:


Latitude                         Longitude                              
                                                                        
39 deg.56.7' N                   074 deg.04.7' W                        
39 deg.56.7' N                   074 deg.04.9' W                        
39 deg.56.5' N                   074 deg.05.0' W                        
39 deg.56.5' N                   074 deg.05.1' W                        
39 deg.56.6' N                   074 deg.05.1' W                        
                                                                        

    (b) Special local regulations.
    (1) Commander, U.S. Coast Guard Group Sandy Hook reserves the right 
to delay, modify or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area during the effective period of regulation unless 
participating in the event as authorized by the sponsor or the Coast 
Guard.
    (3) Vessels awaiting passage through the regulated area will be 
required to wait at one of the three boundary areas: 1) west entrance 
to the Lavallette Channel, 2) Route 37 Causeway entrance on the east 
end of Pelican Island, or 3) north entrance of Lavallette Channel. A 
Coast Guard Auxiliary patrol vessel will be stationed at each boundary 
area. Vessels will be allowed to transit the regulated area between 
race heats only after obtaining permission from the patrol commander. 
Vessels allowed to transit between race heats will be required to 
remain as close to the western side of the regulated area as prevailing 
weather conditions and water depths permit.
    (4) All persons and vessels shall comply with the instructions of 
the Commander, U.S. Coast Guard Group Sandy Hook or the designated on 
scene patrol personnel. U.S. Coast Guard patrol personnel include 
commissioned, warrant, and petty officers of the Coast Guard. Upon 
hearing five or more blasts from a U.S. Coast Guard vessel, the 
operator of a vessel shall stop immediately and proceed as directed. 
Members of the Coast Guard Auxiliary may be present to inform vessel 
operators of this regulation and other applicable laws.
    (c) Effective period. This section will be effective from 8 a.m. 
July 15 through 5 p.m. July 17, 1994.

    Dated: June 9, 1994.
J. L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 94-15394 Filed 6-23-94; 8:45 am]
BILLING CODE 4910-14-M