[Federal Register Volume 62, Number 142 (Thursday, July 24, 1997)]
[Rules and Regulations]
[Pages 39775-39776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19406]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-97-055]
RIN 2115-AE46
Special Local Regulations for Marine Events; Chesapeake Bay
Offshore Powerboat Challenge, Chesapeake Bay, Kent Island, Maryland
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Temporary special local regulations are being adopted for the
Chesapeake Bay Offshore Powerboat Challenge race to be held in the
Chesapeake Bay, Kent Island, Maryland. These temporary special local
regulations are necessary to control vessel traffic in the immediate
vicinity of this event. The effect will be to restrict general
navigation in the regulated area for the safety of spectators and
participants.
EFFECTIVE DATES: This regulation is effective from 10 a.m. to 6 p.m.
EDT (Eastern Daylight Time) on July 26 and 27, 1997.
FOR FURTHER INFORMATION CONTACT:
Lieutenant James Driscoll, Marine Events Coordinator, Commander, Coast
Guard Activities, Baltimore, 2401 Hawkins Point Road, Baltimore,
Maryland 21226-1791, telephone number (410) 576-2676.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of
proposed rulemaking was not published for this regulation and good
cause exists for making it effective in less than 30 days from the date
of publication. Following normal rulemaking procedures would have been
impractical. The request to hold the event was not submitted until May
15, 1997. Publishing a notice of proposed rulemaking and delaying its
effective date would be contrary to safety interests, since immediate
action is needed to minimize potential danger to the public posed by
the large number of racing vessels participating in this event.
Discussion of Regulations
On July 26 and 27, 1997, the Chesapeake Bay Power Boat Association
will sponsor the Chesapeake Bay Offshore Powerboat Challenge race in
the Chesapeake Bay near Kent Island, Maryland. The event will consist
of Offshore Performance Boats racing at high speeds along a 3 mile oval
course. These regulations are necessary to
[[Page 39776]]
control spectator craft and provide for the safety of life and property
on navigable waters during the event.
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. 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
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory procedures of DOT is unnecessary. Entry
into the regulated area will only be prohibited while the race boats
are actually competing. Because vessels will be allowed to transit the
event area between heats, the impacts on routine navigation are
expected to be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule 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). The Coast Guard expects the economic impact of this
rule to be minimal, and certifies under Section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary
final rule will not have a significant economic impact on a substantial
number of small entities because the regulations will only be in effect
for a short duration in a limited area.
Collection of Information
These regulations contain no collection of information requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under section 2.b.2.e(34)(h) of Commandant
Instruction M16475.1b (as amended, 61 FR 13564; March 27, 1996), this
rule is categorically excluded from further environmental
documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Temporary Regulations
In consideration of the foregoing, part 100 of Title 33, Code of
Federal Regulations is amended as follows:
PART 100--[AMENDED]
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. A temporary Sec. 100.35-T05-055 is added to read as follows:
Sec. 100.35-T05-055 Chesapeake Bay, Kent Island, Maryland.
(a) Definitions. (1) Regulated area: The waters of the Chesapeake
Bay southeast of the William P. Lane Jr. Memorial Bridge (Route 50/301)
commencing at a point on the shoreline at latitude 38 deg.58'50''
North, longitude 76 deg.20'07'' West, thence west to latitude
38 deg.58'50'' North, longitude 38 deg.56'07'' North, longitude
76 deg.23'00'' West, thence south to latitude 76 deg.23'00'' West,
thence east to the Kent Island shoreline at latitude 38 deg.56'07''
North, longitude 76 deg.21'45'' West. All coordinates reference Datum:
NAD 1983.
(2) 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 Activities Baltimore.
(b) Special Local Regulations. (1) Except for participants in the
Chesapeake Bay Offshore Powerboat Challenge race and vessels authorized
by the Coast Guard Patrol Commander, no person or vessel may enter or
remain in the regulated area without the permission of the Patrol
Commander.
(2) The Patrol Commander will allow vessel traffic to transit the
event area between races.
(c) Effective dates. This regulation is effective from 10 a.m. to 6
p.m. EDT on July 26 and 27, 1997.
Dated: July 10, 1997.
Roger T. Rufe, Jr.
Vice Admiral, U.S. Coast Guard Commander, 5th Coast Guard District.
[FR Doc. 97-19406 Filed 7-23-97; 8:45 am]
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