Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Rules and Regulations 20033

investigative agencies of the DoD,

covering criminal, fraud,

counterintelligence, and personnel

security information. This index also

includes security clearance

determinations made by the various

components of the Department of

Defense. Information in the DCII is not

usually available to the general public,

since general release would violate the

privacy of individuals whose names are

indexed therein.

(b) Records created as required by

DoD Directive 5105.42, ‘‘Defense

Investigative Service (DA&M),’’ (32 CFR

part 361) including investigative and

industrial security records.

(c) Publications referenced in ‘‘DIS

Directives Listing’’ (DIS 00–1–L). A

copy of DIS 00–1–L may be obtained

upon request from the DIS Office of

Information and Public Affairs (V0020),

1340 Braddock Place, Alexandria, VA

22314–1651. While this document will

be provided for the convenience of

possible users of the materials, such

release does not constitute a

determination that all or any of the

publications listed affect the public or

have been cleared for public release.

§ 298.4 Procedures for release of DIS

records.

(a)(1) All requests will be submitted

in writing to: Defense Investigative

Service, Office of Information and

Public Affairs (V0020), 1340 Braddock

Place, Alexandria, Virginia 22314–1651.

(2) Requests directed to any agency

activity (headquarters or field elements)

will be forwarded to the Office of

Information and Public Affairs.

(b) All requests shall contain the

following information:

(1) As complete an identification as

possible of the desired material

including to the extent known, the title

description, and date. 32 CFR part 286

does not authorize ‘‘fishing

expeditions.’’ In the event a request is

not reasonably described as defined in

32 CFR part 286, the requester will be

notified by DIS of the defect.

(2) The request must contain the first

name, middle name or initial, surname,

date and place of birth, social security

number, and, if applicable, military

service number of the individual

concerned, with respect to material

concerning investigations of an

individual.

(3) A statement as to whether the

requester wishes to inspect the record or

obtain a copy of it.

(4) A statement that all costs for

search (in the case of ‘‘other’’ and

‘‘commercial’’ requesters), duplication

(in case of all categories of requesters),

and review (in the case of ‘‘commercial

requesters’’) will be borne by the

requester even if no records, or no

releasable records, are found, if

appropriate. See 32 CFR part 286 for

information on fees and fee waivers.

(5) The full address (including ZIP

code) of the requester.

(c) A notarized request by an

individual requesting investigative or

other personnel records may be required

to avoid the risk of invasion of privacy.

Requesters will be notified and

furnished appropriate forms if this

requirement is deemed necessary. In

lieu of a notarized statement, an

unsworn declaration in accordance with

28 U.S.C. 1746 may be required.

(d) When a request is incomplete or

fails to include all of the information

required, the requester will be contacted

for additional information prior to

beginning release procedures.

(e) DIS shall normally respond to

request within 10 working days after

receipt by the Office of Information and

Public Affairs, unless an extension is

required and the requester is notified in

writing. If a significant number of

requests prevents responding in 10

working days, requests, will be

processed on a first-come, first-served

basis to ensure equitable treatment to all

requesters.

(f) When the release of information

has been approved, a statement of costs

computed in accordance with the DoD

Fee Schedule (32 CFR part 286), or a

statement waiving the fee, will be

included in the notification of approval.

Records approved for release will

generally be mailed immediately

following the receipt of fees. Fees may

be waived or reduced in accordance

with 32 CFR part 286. Remittances must

be in the form of a personal check, bank

draft, or postal money order.

Remittances are to be made payable to

the Treasurer of the United States.

Certified documents may be requested

for an official government or legal

function, and will be provided at a rate

established by 32 CFR part 286 for each

authentication.

(g) When requests are denied in whole

or in part in accordance with 32 CFR

part 286, the requester will be advised

of the identity of the official making the

denial, the reason for the denial, the

right of appeal of the decision, and the

identity of the person to whom an

appeal may be addressed.

(h) Facilities for the review or

reproduction of records following

approval of the request or appeal are

available at the Defense Investigative

Service, Office of Information and

Public Affairs, 1340 Braddock Place,

Alexandria, Virginia 22314–1651. All

other transactions will be conducted by

mail.

(i) Appeal of denial of DIS records

and information. (1) All appeals will be

submitted in writing and reach the

following appellate authority no later

than 60 days after the date of the initial

denial letter: Director, Defense

Investigative Service (V0000), 1340

Braddock Place, Alexandria, Virginia

22314–1651.

(2) All appeals will contain at least

the same identification of the records

requested as the original request, and a

copy of the letter denying the request,

if available. Requesters will be given

appeal rights when a search has been

conducted and no records are located.

(3) All appeals will be reviewed by

the Director, DIS, or the Special

Assistant to the Director, DIS. Responses

to appeals normally shall be made

within 20 working days after receipt,

unless an extension is required and the

appellant is notified. When a request is

approved on appeal, the procedures set

forth in paragraph (f) of this section will

be followed.

§ 298.5 Information requirements.

The DIS Office of Information and

Public Affairs is responsible for

preparation of the annual ‘‘Freedom of

Information Act Report.’’ This report

has been assigned control symbol PA

(TRA&AN) 1365. No forms or

publications are required by this part.

Dated: April 11, 1995.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 95–9301 Filed 4–21–95; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–95–037]

RIN 2115–AA97

Safety Zone: Greenwood Lake

Powerboat Race, Greenwood Lake, NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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 20, and Sunday, May 21,

1995. The safety zone temporarily closes

a southern portion of Greenwood Lake

to protect the racing participants and
20034 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Rules and Regulations

spectator craft from the hazards

associated with high speed powerboat

racing.

EFFECTIVE DATE: This rule is effective

from 10 a.m. until 7 p.m. on May 20,

and May 21, 1995, unless extended or

terminated sooner by the Captain of the

Port, New York.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) K. Messenger,

Maritime Planning Staff Chief, Coast

Guard Group New York, (212) 668–

7934.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this notice are LTJG K.

Messenger, Project Manager, Coast Guard

Group New York and LCDR J. Stieb, Project

Attorney, First Coast Guard District, Legal

Office.

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking (NPRM) was not

published for this regulation and this

regulation is being made effective in less

than 30 days as good cause exists for not

publishing an NPRM and making this

regulation effective in less than 30 days.

Due to the date this application was

received, there was insufficient time to

draft and publish a notice of proposed

rulemaking that allows for a reasonable

comment period prior to the event. The

delay encountered if normal rulemaking

procedures were followed would

effectively cancel this event.

Cancellation of this event is contrary to

public interest.

Background and Purpose

On March 16, 1995, the Greenwood

Lake Powerboat Association and the

West Milford Chamber of Commerce

submitted an application to hold a

powerboat race on the waters of

Greenwood Lake. The safety zone

encompasses a southern portion of

Greenwood Lake, shore to shore, south

of latitude 41°09′ N, and north of

latitude 41°08′ N. The safety zone is

rectangular in shape with the northern

and southern boundaries both marked

by four temporary buoys. The safety

zone is in effect from 10 a.m. until 7

p.m. on May 20, and May 21, 1995,

unless extended or terminated sooner by

the Captain of the Port, New York. This

safety zone precludes all vessels from

transiting this portion of Greenwood

Lake and is needed to protect mariners

from the hazards associated with high

speed powerboats racing in confined

waters.

Regulatory Evaluation

This regulation 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

regulation to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary. This

safety zone closes a one mile segment in

the southern portion of Greenwood Lake

to all vessel traffic from 10 a.m. until 7

p.m. on May 20, and May 21, 1995,

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. Due to the limited

duration of the race; that the event is

taking place on an inland lake which

has no commercial traffic; and that this

is an annual event with local support,

the impact of this regulation is expected

to be so minimal that a Regulatory

Evaluation is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this regulation

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).

For the reasons given in the

Regulatory Evaluation, the Coast Guard

expects the impact of this regulation to

be minimal. The Coast Guard certifies

under 5 U.S.C. 605(b) that this

regulation will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This regulation contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501).

Federalism

The Coast Guard has analyzed this

action in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this regulation does not raise sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that under section

2.B.2.e. of Commandant Instruction

M16475.1B, revised 59 FR 38654, July

29, 1994, the promulgation of this

regulation is categorically excluded

from further environmental

documentation. A Categorical Exclusion

Determination and Environmental

Analysis Checklist are included in the

docket. An appropriate environmental

analysis of the powerboat race will be

conducted in conjunction with the

marine event permitting process.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

For reasons set out 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. A temporary section, 165.T01–037,

is added to read as follows:

§ 165.T01–037 Safety Zone; Greenwood

Lake Powerboat Race, Greenwood Lake,

New Jersey.

(a) Location. The waters of

Greenwood Lake, shore to shore, south

of latitude 41°08′ N.

(b) Effective period. This safety zone

is in effect from 10 a.m. until 7 p.m. on

May 20, and May 21, 1995, unless

extended or terminated sooner by the

Captain of the Port, New York.

(c) Regulations.

(1) The general regulations contained

in 33 CFR 165.23 apply.

(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.

Dated: April 13, 1995.

T.H. Gilmour,

Captain, U.S. Coast Guard, Captain of the

Port, New York.

[FR Doc. 95–10069 Filed 4–21–95; 8:45 am]

BILLING CODE 4910–14–M