[Federal Register Volume 60, Number 153 (Wednesday, August 9, 1995)]
[Rules and Regulations]
[Pages 40458-40459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19674]



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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Belmar Power Boat Race located in the Shark River, Belmar, New 
Jersy, on Sunday, August 20, 1995, from 11 a.m. until 5 p.m. This 
rectangular safety zone closes 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.

EFFECTIVE DATE: This rule is effective 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.

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 CDR J. Stieb, Project Attorney, 
First Coast Guard District, Legal Office.

Regulatory History

    On June 30, 1995, the Coast Guard published a notice of proposed 
rulemaking (NPRM) in the Federal Register (60 FR 34192). Interested 
persons were requested to submit comments on or before July 31, 1995. 
No comments were received. A public hearing was not requested and one 
was not held. The Coast Guard is promulgating this temporary final rule 
as proposed. Good cause exists for making this regulation effective 
less than 30 days after Federal Register publication. Due to the NPRM 
comment period deemed necessary to give adequate public notice, there 
was insufficient time to publish this temporary final rule 30 days 
prior to the event. The delay that would be encountered to allow for a 
30 day delayed effective date would cause the cancellation of this 
event. Cancellation of this event is contrary to the public interest. 
Adequate measures are being taken to ensure mariners are made aware of 
this regulation. This rule will be locally published in the First Coast 
Guard District's Local Notice to Mariners, and announced via Safety 
Marine Information Broadcasts.

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 establishes 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 regulation is in effect on August 20, 
1995, from 11 a.m. until 5 p.m., unless extended or termianted sooner 
by the Captain of the Port New York. This safety zone prevents 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, as well as the participants, from the 
hazards associated with high speed power boat racing in confined 
waters.

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 

[[Page 40459]]
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 a portion of the Shark River to nonparticipating 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 prevents traffic from transiting a small portion of Shark 
River off of Maclearie Park north of the charted navigation channel, 
the effect of this regulation will not be significant for several 
reasons: the limited duration of the event; mariners can transit to the 
south of the zone via the charted navigation channel; the safety zone 
does not impact any charted navigation channel; the affected portion of 
Shark River is charted as having only 2 feet of water; there is 
approximately 300 yards of open water, with minimum water depths, 
between the north boundary of the safety zone and the closest point of 
land; 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 seq.), 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 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 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.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 power boat race under the 
National Environmental Policy Act will be conducted in conjunction with 
the marine event permitting process.

Lists of Subjects in 33 CFR Part 165

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

Final Regulation

    For reasons set our 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.T01-064, 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 line 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 of New York.
    (c) Regulation. (1) Vessels not participating in this event, 
swimmers, and personal watercraft of any nature and 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: July 31, 1995.
J. Rutkovsky,
Commander, U.S. Coast Guard, Captain of the Port, New York Acting.
[FR Doc. 95-19674 Filed 8-8-95; 8:45 am]
BILLING CODE 4910-14-M