[Federal Register Volume 69, Number 149 (Wednesday, August 4, 2004)]
[Rules and Regulations]
[Pages 46994-46996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17683]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-04-139]
RIN 1625-AA08


Special Local Regulations for Marine Events; Manasquan River, 
Manasquan Inlet and 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 ``Point Pleasant OPA/NJ Offshore Grand Prix'', a 
marine event to be held on the waters of the Manasquan River, Manasquan 
Inlet and 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 August 13, 
2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD05-04-139 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, 
Auxiliary and Recreational Boating Safety Section, 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) the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM would be 
impracticable. The event will take place on August 13, 2004. There is 
not sufficient time to allow for a notice and comment period, prior to 
the event. Immediate action is needed to protect the safety of life at 
sea from the danger posed by high-speed powerboats racing in a closed 
circuit.
    Under 5 U.S.C. 553(d)(B)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date would 
be contrary to the public interest, since immediate action is needed to 
ensure the safety of the event participants, spectator craft and other 
vessels transiting the event area. However advance notifications will 
be made to affected waterway users via marine information broadcasts 
and area newspapers.

Background and Purpose

    On August 13, 2004, the Offshore Performance Association and the 
New Jersey Offshore Racing Association will sponsor the ``Point 
Pleasant OPA/NJ Offshore Grand Prix''. The event will consist of 
approximately 35 offshore powerboats racing along an oval course on the 
waters of the Atlantic Ocean. A fleet of spectator vessels is expected 
to gather in the Atlantic Ocean 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 Manasquan

[[Page 46995]]

River, Manasquan Inlet and the Atlantic Ocean. The temporary special 
local regulations will be in effect from 9:30 a.m. until 3:30 p.m. on 
August 13, 2004. 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 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 Manasquan River, Manasquan Inlet and the Atlantic Ocean 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 marine information broadcasts and area newspapers so 
mariners can adjust their plans accordingly.

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 the Manasquan River, Manasquan Inlet or Atlantic Ocean 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 August 13, 2004. Vessel traffic will be allowed to pass through 
the regulated area between races when the Coast Guard Patrol Commander 
determines it safe to do so. Before the enforcement period, we will 
issue maritime advisories so mariners can adjust their plans 
accordingly.

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking process.
    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 would call 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 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 concern 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 would 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 on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these

[[Page 46996]]

standards would be inconsistent with applicable law or otherwise 
impractical. Voluntary consensus standards are technical standards 
(e.g., specifications of materials, performance, design, or operation; 
test methods; sampling procedures; and related management systems 
practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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. 
Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

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:

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, Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add a temporary Sec.  100.35-T05-139 to read as follows:


Sec.  100.35-T05-139:  Manasquan River, Manasquan Inlet and Atlantic 
Ocean, Point Pleasant Beach to Bay Head, NJ.

    (a) Regulated area. The regulated area is established for the 
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.
    (b) Definitions: (1) Coast Guard Patrol Commander means 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 means any vessel assigned or approved by 
Commander, Coast Guard Group Atlantic City with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (3) Sponsor means an officer or agent of Offshore Performance 
Association, P.O. Box H385, Brick, NJ 08723.
    (c) Special local regulations. (1) No person or vessel may enter or 
remain in the regulated area unless participating in the event or 
authorized by the sponsor or Official Patrol. The Patrol Commander may 
intermittently authorize general navigation to pass through the 
regulated area. Notice of these opportunities 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 Official 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 sponsor provided 
patrol vessels flying pennants to aid in their identification.
    (4) No spectator vessel shall proceed at a speed greater than six 
(6) knots while in the regulated area during the effective period.
    (5) All persons and vessels shall comply with the instructions of 
the Official Patrol. The operator of a vessel in the regulated area 
shall stop the vessel immediately when instructed to do so by the 
Official Patrol and then proceed as directed.
    (d) Effective period. This section is effective from 9:30 a.m. to 
3:30 p.m. on August 13, 2004.

    Dated: July 26, 2004.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 04-17683 Filed 8-3-04; 8:45 am]
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