[Federal Register Volume 64, Number 57 (Thursday, March 25, 1999)]
[Rules and Regulations]
[Pages 14382-14383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7322]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-99-013]
RIN 2115-AE46
Special Local Regulations for Marine Events; 1D48 Chesapeake
Grant Prix Distance Race
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is adopting temporary special local
regulations for the start of the 1D48 Chesapeake Grand Prix Distance
Race, a marine event to be held on the waters of the Chesapeake Bay
between Annapolis, Maryland, and Chesapeake Light. These regulations
are necessary to provide for the safety of life and property on U.S.
navigable waters during the start of the event. The effect will be to
restrict general navigation in the regulated area for the safety of
spectators and participants.
EFFECTIVE DATE: This temporary final rule is effective from 12:30 p.m.
EDT (Eastern Daylight Time) to 1:30 p.m. EDT on May 2, 1999.
FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer R. Houck, Marine
Events Coordinator, Commander, Coast Guard Activities Baltimore, 2401
Hawkins Point Road, Baltimore, Maryland, 21226-1791, telephone number
(410) 576-2674.
SUPPLEMENTARY INFORMATION:
Regulatory History
In accordance with 5 U.S.C. 553, no notice of proposed rulemaking
was published for this regulation. Following normal rulemaking
procedures would have been impracticable since there is not sufficient
time remaining to publish a proposed rule in advance of the event or to
provide for a delayed effective date. Immediate action is needed to
protect vessel traffic from the potential hazards associated with this
event.
Background and Purpose
One Design, LLC, of Annapolis, Maryland, will sponsor the 1D48
Chesapeake Grant Prix Distance Race on May 2, 1999. The event will
consist of
[[Page 14383]]
8 state-of-the-art auxiliary-powered sloops conducting a highly
publicized, competitive race, on the waters of the middle and lower
Chesapeake Bay, from the Chesapeake Bay Bridge off Annapolis, Maryland,
to Chesapeake Light at the entrance to the Chesapeake Bay, thence
returning to Annapolis, Maryland. A fleet of spectator vessels is
anticipated for the start of the event, as the race coincides with the
annual Chesapeake Bay Bridge Walk. Because of the need for vessel
control during the start of the race, vessel traffic will be
temporarily restricted to provide for the safety of spectators,
participants and transiting vessels.
Discussion of Regulations
The Coast Guard will establish temporary special local regulations
on specified waters of the Chesapeake Bay in the vicinity of the
Chesapeake Bay Bridge (Wm. P. Lane, Jr. Memorial Bridge) during the
start of the race. The effect will be to restrict general navigation in
the regulated area during the start of the race. Except for persons or
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. 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
rule 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 be in
effect only for a limited amount of time, extensive advisories have
been and 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. 601-612), 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).
Because it expects the impact of this rule to be minimal, the event not
lasting long, the Coast Guard certifies under 5 U.S.C. 605(b) that this
temporary final rule will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
These regulations contain no Collection-of-Information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).
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 figure 2-1, paragraph (34)(h) of COMDTINST
M16475.1C, this rule is categorically excluded from further
environmental documentation. Special local regulations issued in
conjunction with a regatta or marine parade are excluded under that
authority.
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 section, 100.35-T05-013, is added to read as
follows:
Sec. 100.35-T05-013; 1D48 Chesapeake Grand Prix Distance Race.
(a) Definitions. (1) Regulated area. The waters of the Chesapeake
Bay enclosed by a line connecting the following points:
Latitude Longitude
39 deg.00'25.0'' N 76 deg.22'57.0'' W, to
39 deg.00'19.0'' N 76 deg.22'20.0' W, to
38 deg.58'52.0'' N 76 deg.22'47.5'' W, to
38 deg.58'59.5'' N 76 deg.23'27.5'' W, to
39 deg.00'25.0'' N 76 deg.22'57.0'' W
All coordinates refer to 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 vessels not
authorized as participants or official patrol vessels are spectators.
The ``official patrol'' consists of any Coast Guard, public, State,
county, or local law-enforcement vessels assigned 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 any
official patrol, including any commissioned, warrant, or petty officer
on board a vessel displaying a Coast Guard ensign.
(ii) Proceed as directed by any official patrol, including any
commissioned, warrant, or petty officer on board a vessel displaying a
Coast Guard ensign.
(4) Spectator vessels may enter and anchor in areas outside the
regulated area without the permission of the Patrol Commander. They
shall use caution not to enter the regulated area. No vessel shall
anchor within a tunnel, cable, or pipeline area shown on a Government
chart.
(5) The Coast Guard Patrol Commander will announce the specific
times during which the regulations will be enforced, by Broadcast
Notice to Mariners on channel 22 VHF-FM marine-band radio.
(c) Effective date. The regulated area is effective from 12:30 p.m.
EDT (Eastern Daylight Time) to 1:30 p.m. EDT on May 2, 1999.
Dated: March 5, 1999.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 99-7322 Filed 3-24-99; 8:45 am]
BILLING CODE 4910-15-M
