[Federal Register Volume 67, Number 158 (Thursday, August 15, 2002)]
[Rules and Regulations]
[Pages 53308-53310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20754]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-02-052]
RIN 2115-AE46


Special Local Regulations for Marine Events; Atlantic Ocean, 
Point Pleasant Beach to Bay Head, NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for the ``OPA-SBI-NJOPRA National Grand Prix'', a marine 
event to be held on the waters of the Atlantic Ocean between Point 
Pleasant Beach and Bay Head, New Jersey. These special local 
regulations are necessary to provide for the safety of life on 
navigable waters during the event. This action is intended to restrict 
vessel traffic in the regulated area during the event.

DATES: This rule is effective from 10:30 a.m. to 4:30 p.m. (local time) 
on August 16, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD05-02-052 and are available for 
inspection or copying at Commander (Aoax), Fifth Coast Guard District, 
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: S. L. Phillips, Project Manager, 
Commander (Aoax), Fifth Coast Guard District, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. In keeping with 5 U.S.C. 553(b)(B) and 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing a NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. The event will be held on August 16, 2002. There is 
not sufficient time to allow for an appropriate notice and comment 
period, prior to the event. Because of the danger inherent in high-
speed boat races, special local regulations are necessary to provide 
for the safety of participants, spectator craft and other vessels 
transiting the event area. For the safety concerns noted, it is in the 
public interest to have these regulations in effect during the event. 
In addition, advance notifications will be made via the Local Notice to 
Mariners, marine information broadcasts, and area newspapers.

Background and Purpose

    On August 16, 2002, the Offshore Performance Association will 
sponsor the OPA-SBI-NJOPRA National Grand Prix. The event will consist 
of 40 to 45 offshore power boats racing along an oval course on the 
waters of the Atlantic Ocean. A fleet of spectator vessels is expected 
to gather near the event site to view the competition. To provide for 
the safety of participants, spectators and

[[Page 53309]]

other transiting vessels, the Coast Guard will temporarily restrict 
vessel traffic in the event area during the races.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Atlantic Ocean and the Manasquan River. The 
temporary special local regulations will be enforced from 10:30 a.m. to 
4:30 p.m. (local time) on August 16, 2002. The effect will be to 
restrict general navigation in the regulated area during the event. 
Except for persons or vessels authorized by the Coast Guard Patrol 
Commander, no person or vessel may enter or remain in the regulated 
area. The Patrol Commander will allow non-participating vessels to 
transit the regulated area between races. These regulations are needed 
to control vessel traffic during the event to enhance the safety of 
participants, spectators and transiting vessels.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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).
    Although this rule prevents traffic from transiting portions of the 
Atlantic Ocean and Manasquan River during the event, the effect of this 
rule will not be significant due to the limited duration that the 
regulated area will be in effect and the extensive advance 
notifications that will be made to the maritime community via the Local 
Notice to Mariners, marine information broadcasts, and area newspapers 
so mariners can adjust their plans accordingly. Additionally, vessel 
traffic will be allowed to transit through the regulated area between 
races.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in the effected portions of the Atlantic Ocean and Manasquan 
River during the event.
    Although this rule prevents traffic from transiting portions of the 
Atlantic Ocean and Manasquan River during the event, the effect of this 
rule will not be significant because of the limited duration that the 
regulated area will be in effect and the extensive advance 
notifications that will be made to the maritime community via the Local 
Notice to Mariners, marine information broadcasts, and area newspapers, 
so mariners can adjust their plans accordingly. Additionally, vessel 
traffic will be allowed to transit through the regulated area between 
races.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this temporary rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the address listed under 
ADDRESSES.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 
1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial and direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect

[[Page 53310]]

on the supply, distribution, or use of energy. It has not been 
designated by the Administrator of the Office of Information and 
Regulatory Affairs as a significant energy action. Therefore, it does 
not require a Statement of Energy Effects under Executive Order 13211.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraph (34)(h), of Commandant Instruction 
M16475.1C, this rule is categorically excluded from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine parade are specifically excluded 
from further analysis and documentation under that section. A 
``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233; 49 CFR 1.46.

    2. From 10:30 a.m. to 4:30 p.m. (local time) on August 16, 2002, 
add temporary section, Sec. 100.35-T05-052 to read as follows:


Sec. 100.35-T05-052  Atlantic Ocean, Point Pleasant Beach to Bay Head, 
New Jersey

    (a) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Group Atlantic City.
    (b) Regulated area. The regulated area is defined as all waters of 
the Manasquan River from the New York and Long Branch Railroad to 
Manasquan Inlet, together with all waters of the Atlantic Ocean bounded 
by a line drawn from the end of the South Manasquan Inlet Jetty, 
easterly to Manasquan Inlet Lighted Buoy ``2M'', then southerly to a 
position at latitude 40 deg. 04' 26"N, longitude 074 deg. 01' 30"W, 
then westerly to the shoreline. All coordinates reference Datum NAD 
1983.
    (c) Special local regulations (1) The regulated area shall be 
closed intermittently to general navigation during the effective 
period. No person or vessel may enter or remain in the regulated area 
while it is closed unless participating in the event or authorized by 
the sponsor or regatta patrol personnel. Notice of the closure times 
will be given via Marine Safety Radio Broadcast on VHF-FM marine band 
radio, Channel 22 (157.1 MHz).
    (2) All persons or vessels not registered with the sponsor as 
participants or not part of the regatta patrol are considered 
spectators.
    (3) The spectator fleet shall be held in a spectator anchorage area 
north of the regulated area, which shall be marked by patrol vessels 
flying pennants to aid in their identification.
    (4) No vessel shall proceed at a speed greater than six (6) knots 
while in Manasquan Inlet during the effective period.
    (5) All persons and vessels shall comply with the instructions of 
U.S. Coast Guard patrol personnel. The operator of a vessel in the 
regulated area shall stop the vessel immediately when instructed to do 
so by U.S. Coast Guard patrol personnel and then proceed as directed. 
U.S. Coast Guard patrol personnel include commissioned, warrant, and 
petty officers of the Coast Guard.
    (d) Effective period. This section is effective from 10:30 a.m. to 
4:30 p.m. (local time) on August 16, 2002.

    Dated: August 6, 2002.
James D. Hull,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 02-20754 Filed 8-14-02; 8:45 am]
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