[Federal Register Volume 66, Number 186 (Tuesday, September 25, 2001)]
[Rules and Regulations]
[Pages 48954-48955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23819]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-01-058]
RIN 2115-AE46


Special Local Regulations for Marine Events; Sunset Lake, 
Wildwood Crest, NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is adopting temporary special local 
regulations during the Sunset Lake Hydrofest to be held on the waters 
of Sunset Lake near Wildwood Crest, New Jersey. These special local 
regulations are necessary to provide for the safety of life on 
navigable waters during the event. This action is intended to restrict 
vessel traffic in portions of Sunset Lake during the event.

DATES: This rule is effective from 8 a.m. eastern time on October 6, 
2001 until 6:30 p.m. eastern time on October 7, 2001.

ADDRESSES: Comments and materials received from the public as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-01-058 and are available for inspection or 
copying at Commander (Aoax), Fifth Coast Guard District, 431 Crawford 
Street, Portsmouth, Virginia 23704-5004, between 9 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer Geoffrey Pagels, 
Marine Events Coordinator, Commander, Coast Guard Group Atlantic City, 
telephone number (609) 677-2228.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. In keeping with 5 U.S.C. 553(b)(B), the Coast Guard finds 
that good cause exists for not publishing a NPRM. The high-speed power 
boat races will take place on October 6 and 7, 2001. The special local 
regulations are necessary to provide for the safety of event 
participants, support vessels, spectator craft and other vessels 
transiting the event area. For the safety concerns noted, it is in the 
public interest to have these regulations in effect during the event. 
In addition, advance notifications will be made via the Local Notice to 
Mariners, marine information broadcasts, and area newspapers.
    Under 5 U.S.C. 553(d)(3) the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days. For the 
safety concerns noted, it is in the public interest to have these 
regulations in effect during the event. In addition, the Coast Guard 
has experience delays in the mails due to the terrorist attack in 
Washington, D.C., making it impossible to get this document to the 
Federal Register 30 days prior to the event.

Background and Purpose

    On October 6 and 7, 2001, the Sunset Lake Hydrofest Association 
will sponsor the Sunset Lake Hydrofest on the waters of Sunset Lake, 
near Wildwood Crest, New Jersey. The event will consist of 
approximately 80 inboard hydroplanes, Jersey Speed Skiffs and flat-
bottom Ski boats racing in heats counter-clockwise around an oval 
racecourse. A fleet of 50 to 100 spectator vessels is anticipated. Due 
to the need for vessel control during the races, vessel traffic will be 
temporarily restricted to provide for the safety of spectators, 
participants and transiting vessels.

Discussion of Regulations

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Sunset Lake. The temporary special local 
regulations will be in enforced from 8 a.m. to 6:30 p.m. eastern time 
on October 6 and 7, 2001, and will restrict general navigation in the 
regulated area during the event. Except for participants and vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area. These regulations are needed to 
control vessel traffic during the event to enhance the safety of 
participants, spectators and transiting vessels.

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. The 
Office of Management and Budget has not reviewed it 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).
    Although this regulation prevents traffic from transiting a portion 
of Sunset Lake during the event, the effect of this regulation will not 
be significant due to the limited duration of the regulation and the 
extensive advance notifications that will be made to the maritime 
community via the Local Notice to Mariners, marine information 
broadcasts, and area newspapers, so mariners can adjust their plans 
accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in the effected portions of Sunset Lake during the event.
    Although this regulation prevents traffic from transiting or 
anchoring in a portion of Sunset Lake during the event, the effect of 
this regulation will not be significant because of its limited duration 
and the extensive advance notifications that will be made to the 
maritime community via the Local Notice to Mariners, marine information 
broadcasts, and area newspapers, so mariners can adjust their plans 
accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this temporary rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the address listed under 
ADDRESSES.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to

[[Page 48955]]

the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State law or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial and direct effect on one or more 
Indian tribes, on the relationship between the Federal Governments and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraph (34)(h), of Commandant Instruction 
M16475.1C, this rule is categorically excluded from further 
environmental documentation. Special local regulations issued in 
conjunction with a marine event are specifically excluded from further 
analysis and documentation under that section. 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.


    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--MARINE EVENTS

    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 a temporary section, Sec. 100.35-T05-058 to read as follows:


Sec. 100.35-T05-058  Sunset Lake, Wildwood Crest, New Jersey.

    (a) Definitions: 
    (1) 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 Atlantic City.
    (2) Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Group Atlantic City with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (3) Participant. Includes all vessels participating in the Sunset 
Lake Hydrofest under the auspices of the Marine Event Permit issued to 
the event sponsor and approved by Commander, Coast Guard Group Atlantic 
City.
    (4) Regulated Area. Includes all waters of Sunset Lake, from 
shoreline to shoreline, south of latitude 38 deg.58'32" N. All 
coordinates reference Datum: NAD 1983.
    (b) Special Local Regulations:
    (1) Except for event participants and persons or vessels authorized 
by the Coast Guard Patrol Commander, no person or vessel may enter or 
remain in the regulated area.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol.
    (ii) Proceed as directed by any official patrol.
    (iii) Unless otherwise directed by the official patrol, operate at 
a minimum wake speed not to exceed six (6) knots.
    (c) Effective Dates: This section is in effect from 8 a.m. eastern 
time on October 6, 2001 until 6:30 p.m. eastern time on October 7, 
2001.
    (d) Enforcement Times: This section will be enforced from 8 a.m. to 
6:30 p.m. eastern time on October 6 and 7, 2001.

    Dated: September 4, 2001.
Thad W. Allen,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 01-23819 Filed 9-24-01; 8:45 am]
BILLING CODE 4910-15-U