Safety Zone; Tri-State Inboard Powerboat Championships, Hackensack River, Secaucus, NJ

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-042]

RIN 2121-AA97

Safety Zone; Tri-State Inboard Powerboat Championships,

Hackensack River, Secaucus, 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

in the Hackensack River for the Tri-State Inboard Powerboat

Championships. The temporary safety zone will be in effect on Saturday,

August 29, and Sunday, August 30, 1998, from 11:30 a.m. until 6 p.m.,

unless extended or terminated sooner by the Captain of the Port, New

York. The temporary safety zone will restrict vessel traffic in the

Hackensack River in the vicinity of Laurel Hill Park, Secaucus, New

Jersey. The temporary safety zone is needed to protect racing

participants and spectator craft from the hazards associated with high-

speed powerboat racing.

DATES: Comments must reach the Coast Guard on or before July 17, 1998.

ADDRESSES: You may mail comments to the Waterways Oversight Branch

(CGD01-98-042), Coast Guard Activities New York, 212 Coast Guard Drive,

Staten Island, New York 10305, or deliver them to room 205 at the same

address between 8 a.m. and 3 p.m., Monday through Friday, except

Federal holidays.

The Waterways Oversight Branch of Coast Guard Activities New York

maintains the public docket for this rulemaking. Comments, and

documents as indicated in this preamble, will become part of this

docket and will be available for inspection or copying at room 205,

Coast Guard Activities New York, between 8 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Alma Kenneally, Waterways Oversight Branch,

Coast Guard Activities New York (718) 354-4195.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

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

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD01-98-042) and the specific section of

this document to which each comment applies, and give the reason for

each comment. Please submit two copies of all comments and attachments

in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgment of

receipt of comments should enclose stamped, self-addressed postcards or

envelopes.

The Coast Guard will consider all comments received during the

comment period. It may change this proposed rule in view of the

comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Waterways Oversight Branch at the

address under ADDRESSES. The request should include the reasons why a

hearing would be beneficial. If it determines 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.

[[Page 27244]]

Background and Purpose

Meadowlands Inboard Racing Association has submitted an Application

for Approval of Marine Event for an inboard powerboat race in the

waters of the Hackensack River. This regulation establishes a temporary

safety zone in the waters of the Hackensack River south of red buoy #16

and north of the Snake Hill, NJ swing bridge at river mile 5.4.

The safety zone will be effective on Saturday, August 29, and

Sunday, August 30, 1998, from 11:30 a.m. until 6:00 p.m., unless unless

extended or terminated sooner by the Captain of the Port, New York.

This safety zone restricts vessel traffic in the Hackensack River south

of red buoy #16 and north of the Snake Hill, New Jersey swing bridge at

river mile 5.4. This safety zone is needed to protect mariners from the

hazards associated with a boat race in which the participants transit

at excessive speeds.

This event will include up to 75 powerboats, 13 to 24 feet in

length, racing on a 1.5 mile oval course at speeds in excess of 130

mph. The sponsor expects less than 100 spectator craft during the

event.

Discussion of Proposed Rule

The proposed safety zone is as follows: all waters of the

Hackensack River, south of red buoy #16 and north of the Snake Hill New

Jersey swing bridge at river mile 5.4.

The safety zone is proposed to provide for the safety of life on

navigable waters during the event.

Regulatory Evaluation

This proposed 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. It has not been reviewed 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 proposed rule

to be so minimal that a full Regulatory Evaluation under paragraph 10e

of the regulatory policies and procedures of DOT is unnecessary. This

safety zone restricts vessel traffic in the Hackensack River south of

red buoy #16 and north of the Snake Hill New Jersey swing bridge at

river mile 5.4 on Saturday, August 29, and Sunday, August 30, 1998,

from 11:30 a.m. until 6 p.m., unless extended or terminated sooner by

the Captain of the Port, New York. Although this regulation prevents

traffic from transiting this area, the effect of this regulation would

not be significant for the following reasons: the limited amount of

commercial traffic in this area of the river, and the extensive

notifications that will be made to the affected maritime community by

Local Notice to Mariners and Safety Voice Broadcasts. This safety zone

has been narrowly tailored to impose the least impact on maritime

interests yet provide the level of safety deemed necessary.

Small Entities

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

Coast Guard considers whether this proposed rule, if adopted, will have

a significant economic impact on a substantial number of small

entities. ``Small entities'' include 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 500,000.

For the reasons stated in the Regulatory Evaluation section above,

the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed

rule, if adopted, will not have a significant economic impact on a

substantial number of small entities. If, however, you think that your

business or organization qualifies as a small entity and that this

proposed rule will have a significant economic impact on your business

or organization, please submit a comment (see ADDRESSES) explaining why

you think it qualifies and in what way and to what degree this proposed

rule will economically affect it.

Collection of Information

This proposed rule does not provide for a collection of information

under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this proposed rule under the

principles and criteria contained in Executive Order 12612 and has

determined that this proposed rule does not have sufficient

implications for federalism to warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposed rule and concluded that under figure 2-1, paragraph 34(g), of

Commandant Instruction M16475.1c, this proposed rule is categorically

excluded from further environmental documentation. A ``Categorical

Exclusion Determination'' is available in the docket for inspection or

copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

recordkeeping requirements, Security measures, Waterways.

Proposed Regulation

For the reasons discussed 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. Add temporary Sec. 165.T01-042 to read as follows:

Sec. 165.T01-042 Safety Zone; Tri-State Inboard Powerboat

Championships, Hackensack River, Secaucus, New Jersey

(a) Location. The following area is a safety zone: all waters of

the Hackensack River south of red buoy #16 and north of the Snake Hill

New Jersey swing bridge at river mile 5.4.

(b) Effective period. This safety zone is in effect on Saturday,

August 29, and Sunday, August 30, 1988, from 11:30 a.m. until 6 p.m.,

unless extended or terminated sooner by the Captain of the Port, New

York.

(c) Regulations. (1) The general regulations contained in 33 CFR

165.23 apply.

(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: May 5, 1998.

Richard C. Vlaun,

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

[FR Doc. 98-13089 Filed 5-15-98; 8:45 am]

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