[Federal Register Volume 64, Number 195 (Friday, October 8, 1999)]
[Proposed Rules]
[Pages 54847-54849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26218]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-99-084]
RIN 2115-AE46
Special Local Regulations for Marine Events; International Tug-
of-War, Spa Creek, Annapolis Harbor, Maryland
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish temporary special local
regulations for the International Tug-of-War, a marine event to be held
over the waters of Spa Creek, Annapolis Harbor, Maryland. This action
is necessary to protect participants, spectators, and vessels
transiting the event area. This action is intended to enhance the
safety of life and property during the event.
DATES: Comments must reach the Coast Guard on or before October 25,
1999.
ADDRESSES: You may mail comments to Commander (Aoax), Fifth Coast Guard
District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, hand-
deliver them to Room 119 at the same address between 9:30 a.m. and 2
p.m., Monday through Friday, except Federal holidays or fax them to
(757) 398-6203. Commander (Aoax), Fifth Coast Guard District, 431
Crawford Street, Portsmouth, Virginia 23704-5004, 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 and copying at the above address between 9:30 a.m. and 2
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: S. L. Phillips, Project Manager,
Operations Division, Auxiliary Section, at (757) 398-6204.
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 (CGD 05-99-084) and the specific section of
this proposal 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
[[Page 54848]]
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 address listed 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.
In order to provide notice and an opportunity to comment before
issuing an effective rule, the Coast Guard is providing a shorter than
normal comment period. A 15-day comment period is sufficient to allow
those who might be affected by this rulemaking to submit their comments
because the proposed regulations have a narrow, local application and
the event has been held annually for 3 years without generating any
problems or complaints.
Background and Purpose
On November 6, 1999, the City of Annapolis will sponsor the
``International Tug-of-War'' a marine event to be held over the waters
of Spa Creek, between Eastport and Annapolis, Maryland. The event will
consist of tug-of-war teams from Eastport pulling against teams from
Annapolis, using a single 1800 foot rope stretched across Annapolis
Harbor. These special local regulations are necessary to control vessel
traffic during the event to provide for the safety of participants,
spectators, and transiting vessels.
Discussion of Proposed Rule
The Coast Guard will establish temporary special local regulations
on specified waters of Spa Creek. The regulated area will be
approximately 400 yards long and 150 yards wide centered along the
position of the rope. The temporary special local regulations will be
effective from 11 a. m. to 2 p.m. on November 6, 1999, and will
restrict general navigation in the regulated area during the event.
Except for persons or vessels authorized by the Coast Guard Patrol
Commander, no person or vessel may enter or remain in the regulated
area.
Regulatory Evaluation
This proposal 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).
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 policies and procedures of DOT is unnecessary. This
conclusion is based on the fact that the regulated area will only be in
effect for a limited amount of time, extensive advisories will be made
to the affected maritime community so that they may adjust their
schedules accordingly, and the event schedule will allow commercial
interests to coordinate their activities to allow for minimum
disruption to their enterprise.
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.
Because this proposal will only be in effect for a limited amount
of time, and extensive advisories will be made to the affected maritime
community so that they may adjust their schedules accordingly, the
Coast Guard expects the impact of this proposal to be minimal.
Therefore, 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 proposal will economically affect it.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this proposed rule so
that they can better evaluate its effects on them and participate in
the rulemaking process. If your small business or organization is
affected by this rule and you have questions concerning its provisions
or options for compliance, please contact S.L. Phillips, Project
Manager, Operations Division, Auxiliary Section, at (757) 398-6204.
Unfunded Mandates
Under section 201 of the Unfunded Mandates Reform Act (UMRA) (2
U.S.C. 1531), the Coast Guard assessed the effects of this proposal on
State, local and tribal governments, in the aggregate, and the private
sector. The Coast Guard determined that this regulatory action requires
no written statement under section 202 of the UMRA (2 U.S.C. 1531)
because it will not result in the expenditure of $100,000,000 in any
one year by State, local and tribal governments, in the aggregate, or
the private sector.
Collection of Information
This proposal does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under figure 2-1, paragraph (34)(h) of
Commandant Instruction M16475.1C, this proposal is categorically
excluded from further environmental documentation. An ``Environmental
Analysis Checklist'' and a ``Categorical Exclusion Determination'' will
be 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 set out in the preamble, the Coast Guard proposes
to amend 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 and 33 CFR
100.35.
2. A temporary Sec. 100.35-T05-084 is added to read as follows:
[[Page 54849]]
Sec. 100.35-T05-084 International Tug-of-War, Spa Creek, Annapolis
Harbor, Maryland.
(a) Definitions: (1) Regulated Area. The waters of Spa Creek
between Eastport and Annapolis from shoreline to shoreline, bounded on
the northeast by a line drawn from latitude 38 deg.58'37'' North,
longitude 076 deg.29'02'' West, to latitude 38 deg.58'32'' North,
longitude 076 deg.28'48'' West, and bounded on the southwest by a line
drawn from latitude 38 deg.58'34'' North, longitude 076 deg.29'07''
West, to latitude 38 deg.58'29'' North, longitude 076 deg.28'52'' 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) All persons and/or vessels not
authorized as official patrol vessels are considered spectators. The
``official patrol'' consists of any Coast Guard, public, state, county
or local law enforcement vessels assigned and/or approved by Commander,
Coast Guard Activities Baltimore.
(2) Except for persons or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in the
regulated area.
(3) The operator of any vessel in this area shall:
(i) Stop the vessel immediately when directed to do so by the
official patrol, including any commissioned, warrant, or petty officer
on board a vessel displaying a Coast Guard ensign.
(ii) Proceed as directed by the official patrol, including any
commissioned, warrant, or petty officer on board a vessel displaying a
Coast Guard ensign.
(c) Effective Date. This section is effective from 11 a.m. to 2
p.m. on November 6, 1999.
Dated: September 27, 1999.
Thomas E. Bernard,
Captain, U.S. Coast Guard, Acting Commander Fifth Coast Guard District.
[FR Doc. 99-26218 Filed 10-7-99; 8:45 am]
BILLING CODE 4910-15-U
