[Federal Register Volume 63, Number 88 (Thursday, May 7, 1998)]
[Rules and Regulations]
[Pages 25164-25166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12139]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-08-015]
RIN 2115-AA97


Safety Zone; Greenwood Lake Powerboat Classic, Greenwood Lake, 
New Jersey

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 16, and Sunday, 
May 17, 1998. This action is necessary to provide for the safety of 
life on navigable waters during the event. This action is intended to 
restrict vessel traffic in the southern end of Greenwood Lake, New 
Jersey.

DATES: This temporary final rule is effective from 10 a.m. until 7 p.m. 
on Saturday, May 16, and Sunday, May 17, 1998.


[[Page 25165]]


ADDRESSES: Comments may be mailed to the Waterways Oversight Branch 
(CGD01-98-015), Coast Guard Activities New York, 212 Coast Guard Drive, 
Staten Island, New York 10305, or deliver them to room 205 at the same 
address between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.
    The Waterways Oversight Branch of Coast Guard Activities New York 
maintains the public docket for this rulemaking. Comments, and 
documents as indicated in this preamble, will become part of this 
docket and will be available for inspection or copying at room 205, 
Coast Guard Activities New York, between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Alma Kenneally, Waterways Oversight Branch, 
Coast Guard Activities New York (718) 354-4195.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    Purusant 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 this 
application 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 a portion of the 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 all waters of Greenwood Lake, New Jersey, south 
of 41 deg.09' N, and north of 41 deg.08' N (NAD 1983). The northern 
boundary will be marked by 6 temporary buoys. The southern boundary 
will be marked by four temporary buoys. The shoreline comprises the 
eastern and western boundaries. The safety boundaries. The safety zone 
is in effect from 10 a.m. until 7 p.m. on Saturday, May 16, and Sunday, 
May 17, 1998. This safety zone prohibits all vessels not participating 
in the event from transiting this portion of Greenwood Lake and is 
needed to protect boaters 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 prohibited from 
entering or moving within the safety zone.

Regulatory Evaluation

    This final 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 not been reviewed 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 final rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. This safety zone will restrict vessel 
traffic in the south end of Greenwood Lake, New Jersey on Saturday, May 
16, and Sunday, May 17, 1998, from 10 a.m. until 7 p.m., 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 of 
an inland lake which has no commercial traffic, it is an annual event 
with local support, and notifications will be made to the local 
maritime community via facsimile. Vessels, swimmers, and personal 
watercraft of any nature not participating in this event, will be 
unable to transit through, or around, the safety zone during this 
event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    For reasons discussed in the Regulatory Evaluation above, the Coast 
Guard certifies under section 605(b) of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.) that this final rule will not have a significant 
economic impact on a substantial number of small entities. If, however, 
you think that your business or organization qualifies as a small 
entity and that this rule will have significant economic impact on your 
business or organization, please submit a comment explaining why you 
think it qualifies and in what way and to what degree this rule will 
economically effect it.

Collection of Information

    This final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq).

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this final rule does not have sufficient implications for federalism to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under Figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1C, this final rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket for inspection or 
copying where indicated under ADDRESSES.

List of Subjects in 33 CFR part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    For the reasons discussed 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. Add temporary 165.T01-015 to read as follows:


Sec. 165.T01-015  Safety Zone: Greenwood Lake Powerboat Classic, 
Greenwood Lake, NJ.

    (a) Location. The following area is a safety zone: all waters of 
Greenwood Lake, NJ, south of 41 deg.09'N, and north of 41 deg.08'N (NAD 
1983). The shoreline comprises the eastern and western boundaries.
    (b) Effective period. This section is effective from 10 a.m. until 
7 p.m. on

[[Page 25166]]

Saturday, May 16, and Sunday, May 17, 1998.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply to 
this safety zone.
    (2) Vessels not participating in this event, swimmers, and personal 
watercraft of any nature are prohibited 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: April 20, 1998.
R.C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 98-12139 Filed 5-6-98; 8:45 am]
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