[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Proposed Rules]
[Pages 63426-63428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30446]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD01-98-125]
RIN 2115-AE46
Special Local Regulations: Greenwood Lake Powerboat Classic,
Greenwood Lake, New Jersey
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish permanent special local
regulations for the annual Greenwood Lake Powerboat Classic. 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: Comments must be received on or before January 12, 1998.
ADDRESSES: Comments may be mailed to the Waterways Oversight Branch
[[Page 63427]]
(CGD01-98-125), 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 A. Kenneally,
Waterways Oversight Branch, Coast Guard Activities New York (718) 354-
4195.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD01-98-125) and the specific section of
this document to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposed rule in view of the
comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Waterways Oversight Branch at the
address under ADDRESSES. The request should include the reasons why a
hearing would be beneficial. If it determines that the opportunity for
oral presentations will aid this rulemaking, the Coast Guard will hold
a public hearing at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
The Greenwood Lake Powerboat Association and the West Milford, New
Jersey Chamber of Commerce sponsor this annual high-speed powerboat
race with approximately 60 race boats, up to 20 feet in length,
participating in the event. An average of 125 spectator craft view this
event each year. The race will take place on the southern end of
Greenwood Lake, New Jersey. The regulated area encompasses all waters
of Greenwood Lake north of 41 deg.08'N, south of 41 deg.09'N, with the
shoreline comprising the eastern and western boundaries. The northern
boundary will be marked by 6 temporary buoys. The more narrow southern
boundary will be marked by 4 temporary buoys. The proposed regulation
is effective annually from 10 a.m. until 7 p.m. on Saturday and Sunday,
the first weekend before Memorial Day weekend. The race boats will be
competing at high speeds with numerous spectator crafts in the area,
creating an extra or unusual hazard in the navigable waterway. The
proposed regulation prohibits all vessels not participating in the
event, swimmers, and personal watercraft from transiting this portion
of Greenwood Lake during the races. It is needed to protect the
waterway users from the hazards associated with high-speed powerboats
racing in confined waters. Marine traffic will be able to transit
through the area at various times between races at the direction of the
Coast Guard Patrol Commander.
Discussion of Proposed Rule
The proposed special local regulation is for the annual Greenwood
Lake Powerboat Classic held on the southern end of Greenwood Lake, New
Jersey. This event is held annually on the weekend before Memorial Day
weekend. This rule is being proposed to provide for the safety of life
on navigable waters during the event, to give the marine community the
opportunity to comment on this event, and to decrease the amount of
annual paperwork required for this event.
Regulatory Evaluation
This proposed 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 proposed rule
to be so minimal that a full Regulatory Evaluation under paragraph 10e
of the regulatory policies and procedures of DOT is unnecessary.
Although this regulation prevents traffic from transiting a portion of
the southern end of Greenwood Lake during the races, the effect of this
regulation will not be significant for several reasons: the limited
duration that the regulated area will be in effect, marine traffic will
be able to transit through the regulated area at various times between
races at the direction of the Coast Guard Patrol Commander, the event
is taking place on an inland lake that has no commercial traffic, it is
an annual event with local support, and advance 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 regulated area during
this event unless authorized by the Coast Guard Patrol Commander.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this proposed rule, if adopted, 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 the reasons stated in the Regulatory Evaluation section above,
the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule, if adopted, 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
proposed rule will have a significant economic impact on your business
or organization, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and in what way and to what degree this proposed
rule will economically affect it.
Collection of Information
This proposed 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 proposed rule under the
principles and criteria contained in Executive Order 12612 and has
determined that this proposed rule does not have sufficient
implications for federalism to warrant the preparation of a Federalism
Assessment.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
[[Page 63428]]
Coast Guard must consider whether this rule will result in an annual
expenditure by state, local, and tribal governments, in the aggregate
of $100 million (adjusted annually for inflation). If so, the Act
requires that a reasonable number of regulatory alternatives be
considered, and that from those alternatives, the least costly, most
cost-effective, or least burdensome alternative that achieves the
objective of the rule be selected. No state, local, or tribal
government entities will be affected by this rule, so this rule will
not result in annual or aggregate costs of $100 million or more.
Therefore, the Coast Guard is exempt from any further regulatory
requirements under the Unfunded Mandates Act.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that under figure 2-1, paragraph 34(g), of
Commandant Instruction M16475.1C, this proposed 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Proposed Regulation
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Part 100 as follows:
PART 100--[AMENDED]
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR
100.35.
2. Add Sec. 100.120 to read as follows:
Sec. 100.120 Special Local Regulations: Greenwood Lake Powerboat
Classic, Greenwood Lake, New Jersey.
(a) Regulated Area. All waters of Greenwood Lake, New Jersey north
of 41 deg.08'N and south of 41 deg.09'N (NAD 1983). The shoreline
comprises the eastern and western boundaries.
(b) Special local regulations.
(1) Vessels not participating in this event, swimmers, and personal
watercraft of any nature are prohibited from entering or moving with
the regulated area unless authorized by the Patrol Commander.
(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.
(c) Effective period. This regulation is in effect annually on
Saturday and Sunday from 10 a.m. until 7 p.m. on the first weekend
before Memorial Day weekend.
Dated: October 19, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 98-30446 Filed 11-12-98; 8:45 am]
BILLING CODE 4910-15-M