[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)] [Rules and Regulations] [Pages 24701-24702] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-12260] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 33 CFR Part 165 [CGD01-96-020] RIN 2115-AA97 Safety Zone: Greenwood Lake Powerboat Race, Greenwood Lake, NJ AGENCY: Coast Guard, DOT. ACTION: Temporary final rule. ----------------------------------------------------------------------- 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 18, and Sunday, May 19, 1996. The safety zone temporarily closes a southern portion of Greenwood Lake to protect racing participants and 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 18, and May 19, 1996 unless extended or terminated sooner by the Captain of the Port, New York. FOR FURTHER INFORMATION CONTACT: Lieutenant Commander R. Trabocchi, Chief, Coordination and Analysis Branch, Waterways Management Division, Coast Guard Activities New York (212) 668-7906. SUPPLEMENTARY INFORMATION: Regulatory History Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) was not published for this regulation. Good cause exists for not publishing an NPRM and for making this regulation effective less than 30 days after Federal Register publication. Due to the date the application for the event was received, there was insufficient time to draft and publish an NPRM. Any delay encountered in this regulation's effective date would be contrary to public interest since immediate action is needed to close this waterway and protect the maritime public from the hazards associated with high speed power boats racing in confined waters. Background and Purpose The Greenwood Lake Powerboat Association and the West Milford Chamber of Commerce submitted an Application For Approval of Marine Event to hold a powerboat race on the waters of Greenwood Lake. This safety zone encompasses a southern portion of Greenwood Lake, New Jersey, shore to shore, south of latitude 41 deg.09' N, and north of latitude 41 deg.08' N (NAD 1983). The safety zone is rectangular in shape with the northern and southern boundaries marked by four temporary buoys. The safety zone is in effect from 10 a.m. until 7 p.m. on May 18, and May 19, 1996, unless extended or terminated sooner by the Captain of the Port, New York. This safety zone precludes all vessels not participating in the event 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. Participating vessels include race participants and race committee craft. All other vessels, swimmers, and personal watercraft of any nature are precluded from entering or moving within the safety zone. 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 18, and May 19, 1996, 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: the limited duration of the race, the event is taking place on an inland lake which has no commercial traffic, this is annual event with local support, and the notifications that will be made to the maritime community via local notices to mariners. 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'' may include (1) small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields and (2) government jurisdictions with populations less than 50,000. For the reasons given in the Regulatory Evaluation, 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 et seq.). 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 have 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 [[Page 24702]] 2.B.2.e.(34)(g) of Commandant Instruction M16475.1B, (as revised by 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. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. Final 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.T01-020, is added to read as follows: Sec. 165.T01-020 Safety Zone: Greenwood Lake Powerboat Race, Greenwood Lake, New Jersey. (a) Location. The waters of Greenwood Lake, New Jersey, shore to shore, south of latitude 41 deg.09'N, and north of latitude 41 deg.08'N (NAD 1983). (b) Effective period. This section is effective from 10 a.m. until 7 p.m. on May 18, and May 19, 1996, unless extended or terminated sooner by the Captain of the Port, New York. (c) Reglations. (1) The general regulations contained in 33 C.F.R. 165.23 apply to this safety zone. (2) Vessels not participating in this event, swimmers, and personal watercraft or any nature are precluded from entering or moving within the safety zone. (3) 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 6, 1996. T.H. Gilmour, Captain, U.S. Coast Guard, Captain of the Port, New York. [FR Doc. 96-12260 Filed 5-15-96; 8:45 am] BILLING CODE 4910-14-M