[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]



 ========================================================================
 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.
 
 ========================================================================
 

  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.

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

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