Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Proposed Rules 27243

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 less than 50,000.

Therefore, for the reasons discussed in

the Regulatory Evaluation section above,

the Coast Guard certifies under 5 U.S.C.

605(b) that this proposed rule 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 would 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 in accordance with the

principles and criterion contained in

Executive Order 12612 and has

determined that this proposed rule does

not have sufficient federalism

implications 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 32(e), of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation

because promulgation of changes to

drawbridge regulations have been found

to not have a significant effect on the

environment. A ‘‘Categorical Exclusion

Determination’’ is not required for this

proposed rule.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 117 as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.619 is revised to read

as follows:

§ 117.619 Taunton River.

(a) The owners of the Brightman

Street and Bristol County bridges shall

provide and keep in good legible

condition clearance gauges for each

draw with figures not less than twelve

inches high, designed, installed and

maintained according to the provisions

of § 118.160 of this chapter.

(b) The draw of the Brightman Street

Bridge, mile 1.8, between Somerset and

Fall River shall open on signal; except

that from November 1 through March

31, between 6 p.m. and 6 a.m. daily, the

draw shall open if at least one hour

advance notice is give. From 6 p.m. to

midnight on December 24th and all day

on December 25th and January 1st, the

draw shall open on signal if at least two

hours, notice is given by calling the

number posted at the bridge.

(c) The Bristol County Bridge, mile

10.3, shall open on signal if at least

twenty-four hours’ notice is given by

calling the number posted at the bridge.

Dated: April 18, 1998.

R.M. Larrabee,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 98–13087 Filed 5–15–98; 8:45 am]

BILLING CODE 4910–15–M

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

81⁄2 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.
27244 Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Proposed Rules

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, notfor-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 § 165.T01–042 to

read as follows:

§ 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