[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]



=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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