[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]



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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.

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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 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]
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