[Federal Register Volume 64, Number 89 (Monday, May 10, 1999)]
[Proposed Rules]
[Pages 24979-24980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11683]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-99-016]
RIN 2115-AE46


Special Local Regulations for Marine Events; Night in Venice, 
Great Egg Harbor, City of Ocean City, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend permanent special local 
regulations established for the Night in Venice, a marine event held 
annually in Great Egg Harbor, by redefining the regulated area. This 
action is necessary to provide a current description of the event area. 
This action is intended to enhance the safety of life and property 
during the event.

DATES: Comments must reach the Coast Guard on or before July 9, 1999.

ADDRESSES: You may mail comments to Commander (Aoax), Fifth Coast Guard 
District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, or 
hand-deliver to Room 119 at the same address between 9:30 a.m. and 2 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (757) 398-6204. Commander (Aoax), Fifth Coast Guard District, 
431 Crawford Street, Portsmouth, Virginia 23704-5004, maintains the 
public docket for this rulemaking. Comments, and documents as indicated 
in this preamble will become part of this docket and will be available 
for inspection and copying at the above address between 9:30 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: S.L. Phillips, Project Manager, 
Operations Division, Auxiliary Section, at (757) 398-6204.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD 05-99-016) and the specific section of 
this proposal to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the address listed under ADDRESSES. The 
request should include the reasons why a hearing would be beneficial. 
If it determines 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.

Background and Purpose

    The current regulations at 33 CFR 100.54 establish special local 
regulations for the Night in Venice, a marine event held annually in 
Great Egg Harbor Bay. The purpose of these regulations is to control 
vessel traffic during the event to enhance the safety of participants, 
spectators, and transiting vessels. The regulated area was initially 
described in the current regulations by referencing prominent aids to 
navigation in the event area. Since the initial publication of the 
regulations at 33 CFR 100.504, the referenced buoys and markers have 
been renamed and/or repositioned.

Discussion of Proposed Rule

    The Coast Guard proposes to amend the special local regulations 
previously established for this event by redefining the regulated area, 
using current aids to navigation and prominent landmarks. The general 
shape and overall size of the regulated area will remain the same.

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

[[Page 24980]]

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. This proposal 
merely redefines the regulated area of an existing regulation and does 
not impose any new restrictions on vessel traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposed rule, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small Entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    Because this proposal merely redefines the regulated area of an 
existing regulation and does not impose any new restrictions on vessel 
traffic, the Coast Guard expects the impact of this proposal to be 
minimal.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b), that 
this proposed rule, if adopted, will not have a significant economic 
impact on a substantial number of small entities. If, however, you 
think that your business or organization qualifies as a small entity 
and that this proposed rule will have a significant economic impact on 
your business or organization, please submit a comment (see ADDRESSES) 
explaining why you think it qualifies and in what way and to what 
degree this proposal will economically affect it.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
wants to assist small entities in understanding this proposed rule so 
that they can better evaluate its effects on them and participate in 
the rulemaking process. If your small business or organization is 
affected by this rule and you have questions concerning its provisions 
or options for compliance, please contact S.L. Phillips, Project 
Manager, Operations Division, Auxiliary Section, at (757) 398-6204.

Unfunded Mandates

    Under section 201 of the Unfunded Mandates Reform Act (UMRA) (2 
U.S.C. 1531), the Coast Guard assessed the effects of this proposal on 
State, local and tribal governments, in the aggregate, and the private 
sector. The Coast Guard determined that this regulatory action requires 
no written statement under section 202 of the UMRA (2 U.S.C. 1531) 
because it will not result in the expenditure of $100,000,000 in any 
one year by State, local and tribal governments, in the aggregate, or 
the private sector.

Collection of Information

    This proposal does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under figure 2-1, paragraph (34)(h) of 
Commandant Instruction M16475.1C, this proposal is categorically 
excluded from further environmental documentation. Special local 
regulations issued in conjunction with a regatta or marine parade are 
excluded under that authority.

List of Subjects in 33 CFR Part 100

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

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

PART 100--[AMENDED]

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

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46 and 33 CFR 
100.35.

    2. Section 100.504 is amended by revising paragraph (a) to read as 
follows:


Sec. 100.504  Night in Venice, Great Egg Harbor Bay, City of Ocean 
City, NJ.

    (a) Regulated area. The waters of Great Egg Harbor Bay and Beach 
Thorofare from Intracoastal Waterway Light 275 (LLNR 36045) northward 
along the entire width of the Intracoastal Waterway to the 9th Street 
Bridge, thence northeastward along the Ocean City Waterfront to the 
Long Port-Ocean City Bridge, thence northward along the Long Port-Ocean 
City Bridge to the northern shore, thence westward to Ships Channel 
Buoy 6 (LLNR 1350), thence southward to Intracoastal Waterway Light 252 
(LLNR 35980), thence southwestward to the 9th Street Bridge.
* * * * *
    Dated: April 16, 1999.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard, Commander Fifth Coast Guard District.
[FR Doc. 99-11683 Filed 5-7-99; 8:45 am]
BILLING CODE 4910-15-M