[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