[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]
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