[Federal Register Volume 64, Number 79 (Monday, April 26, 1999)]
[Proposed Rules]
[Pages 20236-20238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10428]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-99-020]
RIN 2115-AE46
Special Local Regulations for Marine Events; Special Olympics
1999 Summer Sailing Regatta, St. Mary's River, St. Mary's City, MD
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 Special Olympics 1999 Summer Sailing Regatta, a
marine event to be held on the waters of the St. Mary's River, St.
Mary's City, Maryland. These special local regulations, which will be
in effect 6 a.m. EDT (Eastern Daylight Time) to 5 p.m. EDT, daily from
June 27 to July 2, 1999, are necessary to provide for the safety of
life and property on U.S. navigable waters during the event. The effect
will be to restrict general navigation in the regulated area for the
safety of spectators, participants, and other vessels transiting the
event area.
DATES: Comments must reach the Coast Guard on or before May 26, 1999.
ADDRESSES: You may mail comments to Commander (Aoax), Fifth Coast Guard
District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, or
hand-deliver to Room 119 at the same address between 9:30 a.m. and 2
p.m., Monday through Friday, except Federal holidays. The telephone
number is (757) 398-6204. 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 05-99-020) and the specific
[[Page 20237]]
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
acknowledgement of receipt of comments 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 30-day comment period is sufficient to allow
those who might be affected by this rulemaking to submit their comments
because extensive advisories will be made to the affected maritime
community and there will be local republication in the Local Notice to
Mariners.
Background and Purpose
Special Olympics International will sponsor the Special Olympics
1999 Summer Sailing Regatta on the waters of St. Mary's River, St.
Mary's City, Maryland from June 27 to July 2, 1999. The event will
involve 50 small racing sailboats conducting highly publicized,
competitive races. The sailboats will each be crewed by one trained
sailor and one Special Olympian. A large fleet of spectator vessels is
anticipated. Due to the need for vessel control during the races,
general navigation will be temporarily restricted to provide for the
safety of spectators, participants and other vessels transiting the
event area.
Discussion of Proposed Rule
The Coast Guard will establish temporary special local regulations
on specified waters of the St. Mary's River. These special local
regulations will be in effect 6 a.m. EDT (Eastern Daylight Time) to 5
p.m. EDT, daily from June 27 to July 2, 1999. The effect will be to
restrict general navigation in the regulated area during the races.
Except for persons or vessels authorized by the Coast Guard Patrol
Commander, no person or vessel may enter or remain in the regulated
area while the regulations are in effect. These regulations are needed
to control vessel traffic during the event to enhance the safety of
participants, spectators, and transiting vessels. Since the Coast Guard
Patrol Commander may stop the event to assist transit of vessels
through the regulated area, normal marine traffic should not be
severely disrupted.
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. 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 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.
The Coast Guard expects the impact of this proposed rule to be
minimal. 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.
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 et seq.).
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 2-2, paragraph (34)(h) of
Commandant Instruction M16475.1C, this proposal is categorically
excluded from further environmental documentation. Special local
regulations issued in conjunction
[[Page 20238]]
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
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR Part 100 as follows:
PART 100--[AMENDED]
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 section, 100.35-T05-020 is added to read as follows:
Sec. 100.35-T05-020 Special Olympics 1999 Summer Sailing Regatta, St.
Mary's River, St. Mary's City, Maryland.
(a) Definitions:
(1) Regulated Area. The waters of St. Mary's River from shoreline
to shoreline, bounded on the north by a line drawn along latitude
38 deg.12'00.0'' N and bounded on the south by a line drawn along
latitude 38 deg.09'00.0'' N. 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 vessels not authorized as participants or
official patrol vessels are considered spectators. The ``official
patrol'' consists of Coast Guard, public, state, 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
time periods during which the regulations will be enforced, by
Broadcast Notice to Mariners on channel 22 VHF-FM marine band radio.
(c) Effective Dates. The regulated area is effective from 6 a.m.
EDT (Eastern Daylight Time) to 5 p.m. EDT, daily from June 27 to July
2, 1999.
Dated: April 6, 1999.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 99-10428 Filed 4-23-99; 8:45 am]
BILLING CODE 4910-15-M
