[Federal Register Volume 64, Number 199 (Friday, October 15, 1999)]
[Rules and Regulations]
[Pages 55829-55830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26943]


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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: Final rule.

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SUMMARY: The Coast Guard is amending 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: This final rule is effective November 15, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Commander (Aoax), Fifth Coast Guard District, 
Room 119, 431 Crawford Street, Portsmouth, Virginia 23704-5004 between 
9:30 a.m. and 2 p.m., Monday through Friday, except Federal holidays. 
The telephone number is (757) 398-6204.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    On May 10, 1999, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled ``Special Local Regulations for Marine 
Events; Night in Venice, Great Egg Harbor, City of Ocean City, New 
Jersey'' in the Federal Register (64 FR 24979). The Coast Guard 
received no letters commenting on the proposed rulemaking. No public 
hearing was requested, and none was held.

Background and Purpose

    The current regulations at 33 CFR 100.504 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.

Regulatory Evaluation

    This final rule 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. The Office of Management and Budget has not reviewed it 
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 final rule to 
be so minimal that a full Regulatory Evaluation under paragraph 10e of 
the regulatory policies and procedures of

[[Page 55830]]

DOT is unnecessary. This final rule 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 considered whether this final rule, 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 final rule 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 final rule to be 
minimal.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b), that 
this final rule will not have a significant economic impact on a 
substantial number of small entities.

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 
offered to assist small entities in understanding the rule so that they 
can better evaluate its effects on them and participate in the 
rulemaking process. No requests for assistance were received.

Collection of Information

    This final rule 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 final rule under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this final rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that, under figure 2-1, paragraph (34)(h) of 
Commandant Instruction M16475.1C, this final rule is categorically 
excluded from further environmental documentation. This special local 
regulation will have no impact on the environment.

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 amends 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: September, 9 1999.
Thomas E. Bernard,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 99-26943 Filed 10-14-99; 8:45 am]
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