[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]


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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.

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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]
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