Safety Zone: Belmar Power Boat Race, Shark River, Belmar, NJ

SUMMARY: The Coast Guard proposes to establish a safety zone for the

Belmar Power Boat Race located in the Shark River, Belmar, New Jersey.

The safety zone would be in effect on Sunday, August 20, 1995, from 11

a.m. until 5 p.m., unless extended or terminated sooner by the Captain

of the Port, New York. The proposed rectangular safety zone would close

the waters of the Shark River ranging from 100 to 350 yards off the

northern shoreline of Maclearie Park, Belmar, New Jersey, from the

Municipal Boat Basin western entrance, extending westerly approximately

750 yards.

DATES: Comments must be received on or before July 31, 1995.

ADDRESSES: Comments should be mailed to U.S. Coast Guard Group, New

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

delivered to the Maritime Planning Staff, Bldg. 108, between 8 a.m. and

4 p.m., Monday through Friday, except Federal holidays. Any person

wishing to visit the office must contact the Maritime Planning Staff at

(212) 668-7934 to obtain advance clearance due to the fact that

Governors Island is a military installation with limited access.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief,

Coast Guard Group New York, (212) 668-7934.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments. Good

cause exists for publishing this Notice of proposed rulemaking (NPRM)

with a 30 day comment period. A 30 day comment period is deemed to be

sufficiently reasonable 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

as it would delay publication of a final rule. 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 (CGD01-95-064) 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 Maritime Planning Staff 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 LTJG K.

Messenger, Project Manager, Coast Guard Group New York, and LCDR J.

Stieb, Project Attorney, First Coast Guard District, Legal Office.

Background and Purpose

The East Coast Boat Racing Club of New Jersey submitted an

Application for Approval of Marine Event for a power boat race in Shark

River, New Jersey. This regulation would establish a rectangular safety

zone in the waters of the Shark River ranging from 100 to 350 yards off

the northern shoreline of Maclearie Park, Belmar, New Jersey, from the

Municipal Boat Basin western entrance, extending westerly approximately

750 yards, and bounded by the lines of latitude 40 deg.10'48'' N and

40 deg.10'55'' N, and the lines of longitude 074 deg.01'58'' W and

074 deg.02'26'' W (NAD 1983). This proposed regulation would be in

effect on August 20, 1995, from 11 a.m. until 5 p.m., unless extended

or terminated sooner by the Captain of the Port New York. This safety

zone would prevent vessels not participating in this event from

transiting this portion of the Shark River, Belmar, New Jersey. Vessels

participating in this event include race participants and race

committee craft. All other vessels, swimmers, and personal watercraft

of any nature are precluded from entering or moving within the safety

zone. This regulation is needed to protect the boating public from the

hazards associated with high speed power boat 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 safety zone would close a portion of the Shark River

to non-participating vessel traffic on August 20, 1995, from 11 a.m.

until 5 p.m., unless extended or terminated sooner by the Captain of

the Port New York. Although this regulation would prevent traffic from

transiting the area of the safety zone, the effect of this regulation

would to be significant for several reasons: The limited duration of

the event; mariners can transit around the safety zone using the

channels to the north and to the south of this area; this portion of

Shark River is charted as having only 2 feet of water and is only

navigable by small recreational craft; and the extensive, advance

advisories that will be made. Accordingly, the Coast Guard expects the

economic impact of this regulation to be so minimal that a Regulatory

Evaluation is unnecessary.

[[Page 34193]]

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.e. of Commandant

Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, the

promulgation of this regulation is categorically excluded from further

environmental documentation. A Categorical Exclusion Determination and

Environmental Analysis Checklist are included in the docket. An

appropriate environmental analysis of the powerboat race under the

National Environmental Policy Act will be conducted in conjunction with

the marine event permitting process.

List of Subjects in 33 CFR Part 165

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

recordkeeping requirements, Security measures, Waterways.

Proposed Regulation

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.T01-064, is added to read as follows:

Sec. 165.T01-064 Safety Zone; Belmar Power Boat Race, Shark River,

Belmar, New Jersey.

(a) Location. This rectangular safety zone includes all waters of

the Shark River ranging from 100 to 350 yards off the northern

shoreline of Maclearie Park, Belmar, New Jersey, from the Municipal

Boat Basin western entrance, extending westerly approximately 750

yards, and bounded by the lines of latitude 40 deg.10'48''N and

40 deg.10'55''N, and the lines of longitude 074 deg.01'58''W and

074 deg.02'26''W (NAD 1983).

(b) Effective period. This section is in effect on August 20, 1995,

from 11 a.m. until 5 p.m., unless extended or terminated sooner by the

Captain of the Port New York.

(c) Regulations. (1) Vessels not participating in this event,

swimmers, and personal watercraft of any nature are precluded from

entering or moving within the safety zone.

(2) The general regulations contained in 33 CFR 165.23 apply.

(3) 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: June 20, 1995.

T.H. Gilmour,

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

[FR Doc. 95-16150 Filed 6-29-95; 8:45 am]

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