[Federal Register Volume 60, Number 78 (Monday, April 24, 1995)]
[Rules and Regulations]
[Pages 20033-20034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10069]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-95-037]
RIN 2115-AA97
Safety Zone: Greenwood Lake Powerboat Race, Greenwood Lake, NJ
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for a
powerboat race located on Greenwood Lake, New Jersey. This safety zone
is in effect from 10 a.m. until 7 p.m. on Saturday, May 20, and Sunday,
May 21, 1995. The safety zone temporarily closes a southern portion of
Greenwood Lake to protect the racing participants and
[[Page 20034]] spectator craft from the hazards associated with high
speed powerboat racing.
EFFECTIVE DATE: This rule is effective from 10 a.m. until 7 p.m. on May
20, and May 21, 1995, unless extended or terminated sooner by the
Captain of the Port, New York.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief,
Coast Guard Group New York, (212) 668-7934.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this notice are LTJG K. Messenger, Project
Manager, Coast Guard Group New York and LCDR J. Stieb, Project
Attorney, First Coast Guard District, Legal Office.
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation and this regulation is being made
effective in less than 30 days as good cause exists for not publishing
an NPRM and making this regulation effective in less than 30 days. Due
to the date this application was received, there was insufficient time
to draft and publish a notice of proposed rulemaking that allows for a
reasonable comment period prior to the event. The delay encountered if
normal rulemaking procedures were followed would effectively cancel
this event. Cancellation of this event is contrary to public interest.
Background and Purpose
On March 16, 1995, the Greenwood Lake Powerboat Association and the
West Milford Chamber of Commerce submitted an application to hold a
powerboat race on the waters of Greenwood Lake. The safety zone
encompasses a southern portion of Greenwood Lake, shore to shore, south
of latitude 41 deg.09' N, and north of latitude 41 deg.08' N. The
safety zone is rectangular in shape with the northern and southern
boundaries both marked by four temporary buoys. The safety zone is in
effect from 10 a.m. until 7 p.m. on May 20, and May 21, 1995, unless
extended or terminated sooner by the Captain of the Port, New York.
This safety zone precludes all vessels from transiting this portion of
Greenwood Lake and is needed to protect mariners from the hazards
associated with high speed powerboats racing in confined waters.
Regulatory Evaluation
This regulation 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 regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of DOT is unnecessary. This safety zone closes a one
mile segment in the southern portion of Greenwood Lake to all vessel
traffic from 10 a.m. until 7 p.m. on May 20, and May 21, 1995, 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 will not be significant for several
reasons. Due to the limited duration of the race; that the event is
taking place on an inland lake which has no commercial traffic; and
that this is an annual event with local support, the impact of this
regulation is expected to be so minimal that a Regulatory Evaluation is
unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this regulation 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).
For the reasons given in the Regulatory Evaluation, the Coast Guard
expects the impact of this regulation to be minimal. The Coast Guard
certifies under 5 U.S.C. 605(b) that this regulation will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This regulation contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501).
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this regulation does not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that under section 2.B.2.e. of Commandant
Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, the
promulgation of this regulation is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination and
Environmental Analysis Checklist are included in the docket. An
appropriate environmental analysis of the powerboat race will be
conducted in conjunction with the marine event permitting process.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
For reasons set out in the preamble, the Coast Guard amends 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. A temporary section, 165.T01-037, is added to read as follows:
Sec. 165.T01-037 Safety Zone; Greenwood Lake Powerboat Race, Greenwood
Lake, New Jersey.
(a) Location. The waters of Greenwood Lake, shore to shore, south
of latitude 41 deg.08' N.
(b) Effective period. This safety zone is in effect from 10 a.m.
until 7 p.m. on May 20, and May 21, 1995, 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: April 13, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-10069 Filed 4-21-95; 8:45 am]
BILLING CODE 4910-14-M
