[Federal Register Volume 68, Number 105 (Monday, June 2, 2003)]
[Rules and Regulations]
[Pages 32639-32641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13734]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-03-049]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for the ``OPA/NJ Offshore 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 9:30 a.m. to 3:30 p.m. on June 1, 
2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD05-03-049 and are available for 
inspection or copying at Commander (oax), 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, 
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 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. Because of the danger posed by high speed power boats racing 
in a closed circuit, special local regulations are necessary to provide 
for the safety of event 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. 
The event will take place on June 1, 2003. There is not sufficient time 
to allow for a notice and comment period prior to the event. However, 
advance notifications will be made via the Local Notice to Mariners, 
marine information broadcasts, and area newspapers.

Background and Purpose

    On June 1, 2003, the Offshore Performance Association and the New 
Jersey Offshore Racing Association will sponsor the ``OPA/NJ Offshore 
Grand Prix''. The event will consist of 30-35 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 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 in effect from 9:30 a.m. 
until 3:30 p.m. on June 1, 2003. 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-participants 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 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 Homeland Security (DHS).
    We expect the economic impact of this temporary final rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    Although this regulation prevents traffic from transiting a portion 
of the Atlantic Ocean and Manasquan River during the event, the effect 
of this regulation 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

[[Page 32640]]

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.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for only a short period, from 9:30 a.m. to 3:30 
pm. on June 1, 2003. Vessel traffic will be allowed to transit the 
regulated area between races, when the Patrol Commander determines it 
is safe to do so. Before the enforcement period, we will issue maritime 
advisories so mariners can adjust their plans accordingly.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule will have a 
significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule will economically affect it.

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 will not create an 
environmental risk to health or risk to safety that might 
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 Governments and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this rule might impact tribal governments, even if 
that impact may not constitute a ``tribal implication'' under the 
Order.

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 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 have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded under 
figure 2-1, paragraph (34)(h), of the Instruction, from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine parade permit are specifically 
excluded from further analysis and documentation under those sections. 
An ``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are 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.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

[[Page 32641]]

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233 through 1236; Department of Homeland 
Security Delegation No. 0170, 33 CFR 100.35.

0
2. Add a temporary Sec.  100.35-T05-049 to read as follows:


Sec.  100.35-T05-049  Atlantic Ocean, Point Pleasant Beach to Bay Head, 
New Jersey.

    (a) Definitions.
    (1) 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.
    (2) Official Patrol. The Official Patrol is any vessel with a 
commissioned, warrant, or petty officer of the Coast Guard on board and 
displaying a Coast Guard ensign.
    (3) Regulated Area. The regulated area includes 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[min]26[sec] N, longitude 074[deg]01[min]30[sec] W, 
then westerly the shoreline. All coordinates reference Datum NAD 1983.
    (b) 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.
    (c) Effective period. This section is effective from 9:30 a.m. to 
3:30 p.m. on June 1, 2003.

    Dated: May 21, 2003.
Ben R. Thomason, III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 03-13734 Filed 5-30-03; 8:45 am]
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