[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)]
[Rules and Regulations]
[Pages 27960-27961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13512]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-97-020]
RIN 2115-AE46
Special Local Regulations for Marine Events; Virginia is for
Lovers Cup Unlimited Hydroplane Races, Willoughby Bay, Norfolk,
Virginia
AGENCY: Coast Guard, DOT.
ACTION: Temporaty final rule.
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SUMMARY: Special local regulations are being adopted for the Virginia
is for Lovers Cup Unlimited Hydroplane Races to be held in Willoughby
Bay, Norfolk, Virginia. The event will be held from 8 a.m. to 5 p.m.
EDT (Eastern Daylight Time) May 24, 1997 to May 26, 1997. These 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.
DATES: This regulation is effective from 8 a.m. to 5 p.m. EDT on May
24, May 25, and May 26, 1997.
FOR FURTHER INFORMATION CONTACT: LTJG R. Christensen, Marine Events
Coordinator, Commander, Coast Guard Group Hampton Roads, 4000 Coast
Guard Blvd., Portsmouth, Virginia 23703, (757) 483-8521.
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
[[Page 27961]]
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 February 3, 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 May 24, May 25, and May 26, 1997, the City of Norfolk will
sponsor the Virginia is for Lovers Cup Unlimited Hydroplane Races in
Willoughby Bay. The event will consist of Hydroplanes, Hydrolights and
Jersey Speed Skiffs racing at high speeds along a 2 mile oval course.
These regulations are necessary to 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. Since 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). Therefore, the Coast Guard certifies under Section
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that
this 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 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 Section 100.35T05-020 is added to read as follows:
Sec. 100.35T05-020 Willoughby Bay, Norfolk, Virginia
(a) Definitions--(1) Regulated area. The waters of Willoughby Bay
from shoreline to shoreline, and the approaches to Willoughby Bay
bounded by a line drawn westerly from the northern corner of Willoughby
Spit located at latitude 36 deg.58'06'' North, longitude 76 deg.17'58''
West, to Willoughby Bay Channel Light 7 (LLNR 10595) located at
latitude 36 deg.58'06'' North, longitude 76 deg.18'18'' West; thence
southwesterly to the shoreline at the Norfolk Naval Base located at
latitude 36 deg.57'21'' North, longitude 76 deg.18'27'' 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 Group Hampton Roads.
(b) Special Local Regulations--(1) Except for participants in the
Virginia is for Lovers Cup Unlimited Hydroplane Races 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 operator of any vessel in the immediate vicinity of this
area shall:
(i) Stop the vessel immediately when directed to do so by any
commissioned, warrant, or petty officer on board a vessel displaying a
Coast Guard ensign.
(ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a Coast Guard ensign.
(3) The Patrol Commander will allow vessel traffic to transit the
event area between races.
(c) Effective dates. This regulation is effective from 8 a.m. to 5
p.m. EDT on May 24, May 25, and May 26, 1997.
Dated: May 8, 1997.
Kent H. Williams,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 97-13512 Filed 5-21-97; 8:45 am]
BILLING CODE 4910-14-M
