[Federal Register Volume 64, Number 32 (Thursday, February 18, 1999)]
[Rules and Regulations]
[Pages 7999-8000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3941]
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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, NJ
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing permanent special local
regulations that will be enacted annually 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: This final rule is effective March 22, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at 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 telephone number is (718) 354-4193.
FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways
Oversight Branch, Coast Guard Activities New York (718) 354-4193.
SUPPLEMENTARY INFORMATION:
Regulatory History
On November 13, 1998, the Coast Guard published a notice of
proposed rulemaking entitled Special Local Regulations: Greenwood Lake
Powerboat Classic, Greenwood Lake, New Jersey in the Federal Register
(63 FR 63426). The Coast Guard did not receive any letters commenting
on the proposed rulemaking. No public hearing was requested, and none
was held.
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 and south 41 deg.09'N (NAD
1983). The shoreline comprises 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. This 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 craft in the area,
creating an extra or unusual hazard in the navigable waterway. This
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.
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. Although
this regulation prevents traffic from transiting a portion of the
southern end
[[Page 8000]]
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 is in effect, marine traffic is able to transit through
the regulated area at various times between races at the direction of
the Coast Guard Patrol Commander, the event takes 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 considered whether this final 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 the reasons stated in the Regulatory Evaluation section above,
the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule
will not have a significant economic impact on a substantial number of
small entities.
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.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
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 effected 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 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Regulation
For the reasons discussed in the preamble, the Coast Guard amends
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 within
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 section 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: February 5, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-3941 Filed 2-17-99; 8:45 am]
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