# Safety Zone; Tri-State Inboard Powerboat Championships, Hackensack River, Secaucus, NJ > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A98-13089 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** May 18, 1998 - **Citation:** 63 FR 27243 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-15-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-13089. Public record. Not legal advice.