Safety Zone; Keyport Festival & Boat Race VI, Keyport Harbor, NJ

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-94-122]

RIN 2115-AA97

Safety Zone; Keyport Festival & Boat Race VI, Keyport Harbor, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone,

on October 22, 1994, in Keyport Harbor, for the Keyport Festival and

Boat Race VI to protect the boating public from the hazards associated

with high speed powerboats racing in confined waters. This event will

take place from 9 a.m. until 6 p.m. on Saturday, October 22, 1994. This

proposed regulation would close all waters within Keyport Harbor, New

Jersey, south of the 40 deg.26'39'' N line of latitude, drawn shore to

shore, east of the 074 deg.12'30'' W line of longitude, drawn shore to

shore, and north and west of the natural coastline of Keyport, New

Jersey during these hours. This safety zone would preclude vessel

traffic from transiting this portion of Keyport Harbor and is needed to

protect both the boating public and the participants during this event.

DATES: Comments must be received on or before October 11, 1994.

ADDRESSES: Comments should be mailed to Captain of the Port, New York,

Bldg. 108, Governors Island, New York 10004-5096, or may be delivered

to the Waterways Management Branch, Bldg. 108, between 8 a.m. and 4:30

p.m., Monday through Friday, except Federal holidays.

Any person wishing to visit the office must contact the Waterways

Management Branch at (212) 668-7933 to obtain advance clearance due to

the fact that Governors Island is a military installation with limited

access.

FOR FURTHER INFORMATION CONTACT:

Lieutenant R. Trabocchi, Waterways Management Officer, Coast Guard

Group New York (212) 668-7933.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments. A 30

day comment period is deemed to be sufficiently reasonable, prior

notice to all interested persons. Since this proposed rulemaking is

neither complex nor technical, a longer comment period is deemed to be

unnecessary and contrary to the public interest. Any delay in

publishing a final rule would effectively cancel this event.

Cancellation of this event would be contrary to public interest.

Persons submitting comments should include their names and

addresses, identify this notice (CGD01-94-122) and the specific section

of the proposal to which their comments apply, and give reasons for

each comment. Persons wanting acknowledgment of receipt of comments

should enclose a stamped, self-addressed postcard or envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no public hearing, however, persons may request a

public hearing by writing to the Project Manager at the address under

``ADDRESSES''. If it is determined 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.

Drafting Information

The drafters of this notice are LT R. Trabocchi, Project Manager,

Captain of the Port, New York and CDR J. Astley, Project Attorney,

First Coast Guard District, Legal Office.

Background and Purpose

The Coast Guard Captain of the Port, New York, received a request

from the Chamber of Commerce of the Greater Keyport Area to hold a

powerboat race in Keyport Harbor, Keyport, New Jersey. This proposed

regulation establishes a safety zone for the annual event known as the

``Keyport Festival and Boat Race'' and would temporarily close a

portion of Keyport Harbor to protect both the boating public and the

participants during this event.

Discussion of Proposed Amendments

The Coast Guard proposes to establish a safety zone in all waters

of Keyport Harbor south of the Keyport Harbor Channel Buoy 12 and east

of a line drawn, shore to shore, across the mouth of Matawan Creek. If

adopted, this safety zone will be in effect from 9 a.m. until 6 p.m. on

October 22, 1994. This regulation would preclude vessels from

transiting this portion of Keyport Harbor as well as from entering or

departing Matawan Creek, Keyport, New Jersey. This regulation is needed

to protect the boating public as well as the participants during the

event from the hazards associated with high speed powerboats racing in

confined waters.

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 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 10(e) of the regulatory policies and procedures of DOT is

unnecessary. This proposed safety zone will close a portion of Keyport

Harbor as well as the entrance to Matawan Creek to all vessel traffic

between the hours of 9 a.m. and 6 p.m. on October 22, 1994. This

regulation would prohibit vessels from transiting through a portion of

Keyport Harbor and would preclude vessels from entering or departing

Matawan Creek, Keyport, New Jersey. However, due to the fact that

mariners can safely transit the northern portion of Keyport Harbor and

all waters north of the zone; that the amount of traffic in this area

is limited to one commercial cruise line and recreational craft; that

vessels may be permitted to transit through the safety zone between

race heats as determined by the on scene Coast Guard Patrol Commander;

and that extensive, advance notifications will be made to the one

commercial cruise line and the maritime community to allow for transits

to be rescheduled accordingly, the impact of this regulation is

expected to be minimal.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include independently owned and operated small businesses

that are not dominant in their field and that otherwise qualify as

``small business concerns'' under Section 3 of the Small Business Act

(15 U.S.C. 632).

For reasons set forth in the above Regulatory Evaluation, the Coast

Guard expects the impact of this proposal to be minimal. The Coast

Guard certifies under 5 U.S.C. 605(b) that this proposal will not have

a significant economic impact on a substantial number of small

entities.

Collection of Information

This proposal contains no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501).

Federalism

The Coast Guard has analyzed this action in accordance with the

principles and criteria contained in Executive Order 12612 and has

determined that this proposal does not raise sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the environmental impact of this

proposal and concluded that under section 2.B.2.c. of Commandant

Instruction M16475.1B, it is an action under the Coast Guard's

statutory authority to promote maritime safety and protect the

environment, and thus is categorically excluded from further

environmental documentation. A Categorical Exclusion Determination will

be included in the docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

For reasons set out in the preamble, the Coast Guard proposes to

amend 33 CFR Part 165 as follows:

PART 165--[AMENDED]

1. The authority citation for Part 165 continues to read as

follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),

6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

2. A temporary section, 165.T01-122, is added to read as follows:

Sec. 165.T01-122 Safety Zone; Keyport Festival and Boat Race VI,

Keyport Harbor, New Jersey.

(a) Location. The safety zone includes all waters within Keyport

Harbor, New Jersey, south of the 40 deg.26'39''N line of latitude,

drawn shore to shore, east of the 074 deg.12'30''W line of longitude,

drawn shore to shore, and north and west of the natural coastline of

Keyport, New Jersey.

(b) Effective period. This section will be effective from 9 a.m.

until 6 p.m. on October 22, 1994.

(c) Regulations.

(1) The general regulations contained in 33 CFR 165.23 apply to

this safety zone.

(2) All persons and vessels shall comply with the instructions of

the Coast Guard Captain of the Port or the designated on scene patrol

personnel. U.S. Coast Guard patrol personnel include commissioned,

warrant, and petty officers of the Coast Guard. Upon being hailed by a

U.S. Coast Guard vessel via siren, radio, flashing light, or other

means, the operator of a vessel shall proceed as directed.

Dated: August 30, 1994.

T. H. Gilmour,

Captain, U.S. Coast Guard, Captain of the Port, New York.

[FR Doc. 94-22167 Filed 9-7-94; 8:45 am]

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