[Federal Register Volume 62, Number 195 (Wednesday, October 8, 1997)]
[Rules and Regulations]
[Pages 52501-52502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26696]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-97-074]
RIN 2115-AE46
Special Local Regulations for Marine Events; Thunder on the Lake
Powerboat Races, Sunset Lake, Wildwood Crest, NJ
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: Special local regulations are being adopted for the Thunder on
the Lake Powerboat Races to be held in Sunset Lake, Wildwood Crest, New
Jersey. These special local regulations are necessary to control vessel
traffic in the immediate vicinity of this event. The effect will be to
restrict general navigation in the regulated area for the safety of the
event participants and transiting vessels.
EFFECTIVE DATE: This regulation is effective from 9:30 a.m. to 6:30
p.m. on October 11 and 12, 1997.
FOR FURTHER INFORMATION CONTACT:
Chief Petty Officer Tom Peck, Marine Events Coordinator, Commander,
Coast Guard Group Cape May, Cape May, NJ 08204-5082. Telephone number
(609) 898-6981.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of
proposed rulemaking was not published for this regulation and good
cause exists for making it effective in less than 30 days from the date
of publication. Following normal rulemaking procedures would have been
impractical. The request to hold the event was not received until
September 5, 1997. Publishing a notice of proposed rulemaking and
delaying its effective date would be contrary to safety interests,
since immediate action is needed to minimize potential danger to the
public posed by the large number of racing vessels participating in
this event.
Discussion of Regulations
On October 11 and 12, 1997, the New Jersey Hot Rod Association will
sponsor the Thunder on the Lake Powerboat Races on Sunset Lake,
Wildwood Crest, New Jersey. The event will consist of Hydroplanes,
Jersey Speed Skiffs and Pro-Stock boats racing at high speeds along a
one mile oval course. These regulations are necessary to provide for
the safety of life and property on navigable waters during the event.
Regulatory Evaluation
This 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 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 procedures of DOT is unnecessary. Entry
into the regulated area will only be prohibited while the race boats
are actually competing. Since vessels will be allowed to transit the
event area between races, the impacts on routine navigation are
expected to be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule 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). The Coast Guard expects the economic impact of this
temporary rule to be minimal, and certifies under Section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary
final rule will not have a significant economic impact on a substantial
number of small entities, because the regulations will only be in
effect for a short duration in a limited area.
Collection of Information
These regulations contain no collection of information requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this 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 rule
and concluded that, under section 2.b.2.e(34)(h) of Commandant
Instruction M16475.1b (as amended, 61 FR 13564; March 27, 1996), this
rule is categorically excluded from further environmental
documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Temporary Regulations
In consideration of the foregoing, part 100 of title 33, Code of
Federal Regulations is amended 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. A temporary Sec. 100.35T-05-074 is added to read as follows:
Sec. 100.35T-05-074 Sunset Lake, Wildwood Crest, NJ.
(a) Definitions:
(1) Regulated area: The waters of Sunset Lake, including the waters
of the Intracoastal Waterway between NJICW Daybeacon 469 (LLNR 36690)
located at latitude 38 deg.59'07'' North, longitude 074 deg.50'41''
West, and NJICW Light 471 (LLNR 36700) located at latitude
38 deg.58'41'' North, longitude 074 deg.51'01'' West. All coordinates
reference Datum: NAD 1983.
(2) Coast Guard Patrol Commander: The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the Coast Guard who has
been designated by the Commander, Coast Guard Group Cape May.
(b) Special Local Regulations:
(1) The regulated area will be intermittently closed to all vessel
traffic during the effective period. No person or vessel shall enter or
remain in the regulated area while it is closed unless authorized by
the Coast Guard Patrol Commander.
(2) The Patrol Commander will allow vessel traffic to transit the
event area between races. Transiting vessels shall proceed at no-wake
speeds and remain
[[Page 52502]]
clear of the race course area as marked by the sponsor provided buoys.
(3) The operator of any vessel in the regulated area shall:
(i) Stop the vessel immediately when directed to do so by any
commissioned, warrant, or petty officer on board a vessel displaying a
Coast Guard ensign.
(ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a Coast Guard ensign.
(c) Effective dates: This regulation is effective from 9:30 a.m. to
6:30 p.m. on October 11 and 12, 1997.
Dated: September 23, 1997.
J. Carmichael,
Acting Captain, U.S. Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. 97-26696 Filed 10-7-97; 8:45 am]
BILLING CODE 4910-14-M
