[Federal Register Volume 60, Number 123 (Tuesday, June 27, 1995)]
[Rules and Regulations]
[Pages 33116-33117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15756]



[[Page 33116]]

DEPARTMENT OF TRANSPORTATION

33 CFR Part 165

[CGD01-95-062]
RIN 2115-AA97


Safety Zone: Brick Summerfest, Bricktown Race, Metedeconk River, 
Brick, NJ

agency: Coast Guard, DOT.

action: Temporary final rule.

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summary: The Coast Guard is establishing a temporary safety zone on 
July 4, 1995, in the Metedeconk River, for the Bricktown Race. This 
safety zone prevents vessels not participating in the race from 
transiting a portion of the Metedeconk River, Brick, New Jersey.

effective date: This rule is effective on July 4, 1995, from 11:30 a.m. 
until 4:30 p.m., unless extended or terminated sooner by the Captain of 
the Port, New York.

for further information contact: Lieutenant (Junior Grade) K. 
Messenger, Maritime Planning Staff Chief, Coast Guard Group, New York, 
(212) 668-7934.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this regulation are LTJG K. Messenger, Project 
Manager, Coast Guard Group New York and LCDR J. Stieb, 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. Good cause exists for not 
publishing an NPRM, and for making it effective less than 30 days after 
Federal Register publication. Due to the date this application was 
received, there was insufficient time to draft and publish an NPRM that 
allows for a reasonable comment period prior to the event. The delay 
encountered if normal rulemaking procedures were followed would 
effectively cancel this event. Cancellation of this event is contrary 
to the public interest.

Background and Purpose

    The Coast Guard received an Application for Approval of Marine 
Event to hold a powerboat race on the Metedeconk River as part of the 
Bricktown Summerfest Celebration. This event is sponsored by the East 
Coast Boat Racing Club of New Jersey. This regulation establishes a 
temporary safety zone in the waters of the Metedeconk River on July 4, 
1995, from 11:30 a.m. until 4:30 p.m., unless extended or terminated 
sooner by the Coast Guard Captain of the Port, New York. This safety 
zone prevents vessels not participating in this event from transiting a 
portion of the Metedeconk River, Brick, 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. The rectangular safety zone area includes all waters extending 
400 yards off of the Windward Beach shoreline from the Metedeconk River 
Light ``6'' to a point approximately 1200 yards west at or near 
40 deg.03'31'' N latitude, 074 deg.07'00'' W longitude (NAD 1983). This 
regulation is needed to protect the boating public from the hazards 
associated with high speed power boats racing in confined waters. A 
second safety zone, for a fireworks display will be in place on these 
waters from 8 p.m. to 10 p.m. on the same date and has been published 
separately.

Regulatory Evaluation

    This regulation 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 regulation 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 closes this 
portion of the Metedeconk River to through vessel traffic on July 4, 
1995, from 11:30 a.m. until 4:30 p.m., unless extended or terminated 
sooner by the Captain of the Port, New York. Although this regulation 
prevents traffic from transiting this area, the effect of this 
regulation is not significant for several reasons: the limited duration 
of the event; that mariners can transit to the south or to the east of 
this area; this portion of the river is used mainly by 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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seg.), the 
Coast Guard must consider whether this regulation 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 given in the Regulatory Evaluation, the Coast Guard 
expects the impact of this regulation to be minimal. The Coast Guard 
certifies under 5 U.S.C. 605(b) that this regulation 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 Paper 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 regulation does not raised 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.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.

Final Regulation

    For reasons set out in the preamble, the Coast Guard amends 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.T01-062 is added to read as 
follows: [[Page 33117]] 


Sec. 165.T01-062  Safety Zone; Brick Summerfest Bricktown Race, 
Metedeconk River, Brick, New Jersey.

    (a) Location. All waters of the Metedeconk River within a 
rectangular area extending 400 yards off of the Windward Beach 
shoreline from the Metedeconk River Light ``6'' to a point 
approximately 1200 yards west at or near 40 deg.03'31'' N latitude, 
074 deg.07'00'' W longitude (NAD 1983).
    (b) Effective period. This section is in effect on July 4, 1995, 
from 11:30 a.m. until 4:30 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 C.F.R. 165.23 apply to 
this safety zone.
    (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 15, 1995.
T. H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-15756 Filed 6-26-95; 8:45 am]
BILLING CODE 4910-14-M