Special Local Regulations for Marine Events; New Jersey Offshore Grand Prix

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-98-006]

RIN 2115-AE46

Special Local Regulations for Marine Events; New Jersey Offshore

Grand Prix

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend permanent special local

regulations established for the New Jersey Offshore Grand Prix, a

marine event held annually in the Atlantic Ocean along the coast of New

Jersey between Asbury Park and Seaside Park, by identifying the

specific date on which the regulated area will be in effect. This

action is intended to provide more accurate notice of the date on which

the event will occur.

DATES: Coments must be received on or before April 28, 1998.

ADDRESSES: Comments may be mailed to Commander (Aoax) Fifth Coast Guard

District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, or

hand-delivered to Room 119 at the same address between 7:30 a.m. and 5

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

number is (757) 398-6204. Comments will become part of this docket and

will be available for inspection and copying at the above address.

FOR FURTHER INFORMATION CONTACT:

S.L. Phillips, Project Manager, Operations Division, Auxiliary Section,

at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

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

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD 05-98-006) and the specific section of

this proposal 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 proposal in view of the comments.

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

hearing by writing to the address listed 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.

Background and Purpose

The current regulations at 33 CFR 100.505 establish special local

regulations for the New Jersey Offshore Grand Prix, a marine event held

annually in the Atlantic Ocean along the coast of New Jersey between

Asbury Park and Seaside Park. The purpose of these regulations is to

control vessel traffic during the event to enhance the safety of

participants, spectators, and transiting vessels. In the past, these

regulations were implemented by publishing a notice in the Federal

Register.

Discussion of Proposed Rule

The Coast Guard proposes to amend the special local regulations

previously established for this event area by identifying the specific

date on which the regulated area will be in effect.

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 10e of the regulatory policies and procedures of DOT is

unnecessary. This proposal merely identifies the effective date of an

existing regulation and does not impose nay new restrictions on vessel

traffic.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), 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). Because it expects the impact of this proposal to be

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

proposal, if adopted, 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. 3501-3520).

Federalism

The Coast Guard has analyzed this proposal under the principles and

criteria contained in Executive Order 12612 and has determined that

this proposal does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that, under section 2.b.2.e (34)(h) of

Commandant Instruction M16475.1b (as amended, 61 FR 13564; 27 March

1996), this proposal is categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 100

Marine Safety, Navigation (water), Reporting and recordkeeping

requirements, Waterways.

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

to amend 33 CFR part 100 as follows:

PART 100--[AMENDED]

1. The authority citation for part 100 continues to read as

follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

2. Section 100.505 is amended by revising paragraph (b) to read as

follows:

Sec. 100.505 New Jersey Offshore Grand Prix.

* * * * *

(b) Effective Period: This section is effective annually on the

third Wednesday in July. If the event is canceled due to weather, this

section is effective the following day. The Coast Guard Patrol

Commander will announce by Broadcast Notice to Mariners the specific

time periods during which the regulations will be enforced.

* * * * *

Dated: February 17, 1998.

Roger T. Rufe, Jr.,

Vice Admiral, USGC Commander Atlantic Area.

[FR Doc. 98-5104 Filed 2-26-98; 8:45 am]

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