[Federal Register Volume 64, Number 109 (Tuesday, June 8, 1999)]
[Rules and Regulations]
[Pages 30388-30389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14516]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-99-038]
RIN 2115-AE46
Speical Local Regulations for Marine Events; Hampton Offshore
Challenge, Chesapeake Bay, Hampton, Virginia
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Temporary special local regulations are being adopted for the
Hampton Offshore Challenge, to be held on the waters of the Chesapeake
Bay near Buckroe Beach, Hampton, Virginia. These regulations are needed
to protect spectator craft and other vessels transiting the event area
from the dangers associated with the event. This action is intended to
enhance the safety of life and property during the event.
DATES: This temporary final rule is effective from 11:30 a.m. EDT
(Eastern Daylight Time) to 4 p.m. EDT on June 11, 12 and 13, 1999.
ADDRESSES: Documents are indicated in this preamble are available for
inspection or copying at Commander (Aoax), Fifth Coast Guard District,
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9:30 a.m.
and 2 p.m., Monday through Friday, except Federal holidays. The
telephone number is (757) 398-6204.
FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer D. Merrill,
Marine Events Coordinator, Commander, Coast Guard Group Hampton Roads,
4000 Coast Guard Blvd., Portsmouth, Virginia 23703, (757) 483-8568.
SUPPLEMENTARY INFORMATION:
Regulatory History
A notice of proposed rulemaking (NPRM) was not published for this
regulation. In keeping with requirements of 5 U.S.C. 553(B), the Coast
Guard finds that good cause exists for not publishing a NPRM. In
keeping with the requirements of 5 U.S.C. 553(d)(3), the Coast Guard
also finds that good cause exists for making this regulation effective
less than 30 days after publication in the Federal Register. Following
normal rulemaking procedures would have been impractical because there
is not sufficient time 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
U.S. Offshore Racing Association will sponsor the Hampton Offshore
Challenge on June 11 and 12, 1999. The event will consist of 60
offshore powerboats conducting a high speed competitive race on the
waters of the Chesapeake Bay near Buckroe Beach, Hampton, Virginia. A
fleet of spectator vessels is anticipated for the event. Due to the
need for vessel control during the races, vessel traffic will be
temporarily restricted to provide for the safety of spectators and
transiting vessels.
Discussion of Regulations
The Coast Guard is establishing temporary special local regulations
on specified waters of the Chesapeake Bay. The temporary special local
regulations will be in effect from 11:30 a.m. EDT to 4 p.m., EDT on
June 11 and 12, 1999 and will restrict general navigation in the
regulated area during the event. In the event of inclement weather, the
regulations will be in effect the next day. 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 spectators and transiting vessels.
Regulatory Evaluation
This temporary final 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 of the Office of
Management and Budget under that Order. It is not significant under the
[[Page 30389]]
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 temporary final
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 only
be in effect for a short period of time and extensive advisories will
be made to the affected maritime community so that they may adjust
their schedules accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this temporary final rule 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 temporary rule will only be in effect for a short
period 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 temporary rule to be
minimal.
Therefore, the Coast Guard 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. If, however, you think that your business or
organization qualifies as a small entity and that this temporary final
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
temporary rule 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 temporary final
rule so that they can better evaluate its effects on them and
participate in the rulemaking process. If you believe your small
business or organization is affected by this rule and you have
questions concerning its provisions or options for compliance, please
submit a comment (see ADDRESSES) explaining your concerns.
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 temporary
final rule 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 temporary rule 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 temporary 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
temporary final rule and concluded that, under figure 2-1, paragraph
(34)(h) of Commandant Instruction M16475.1C, this rule is categorically
excluded from further environmental documentation. Special local
regulations issued in conjunction with a marine event 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 through 1236; 49 CFR 1.46 and 33 CFR
100.35.
2. A temporary section, Sec. 100.35-T05-038 is added to read as
follows:
Sec. 100.35-T05-038 Hampton Offshore Challenge, Chesapeake Bay,
Hampton, Virginia
(a) Definitions: (1) Regulated area. The waters of the Chesapeake
Bay adjacent to Buckroe Beach commencing at a point on the shoreline at
latitude 37 deg.03'40'' North, longitude 76 deg.16'55'' West, thence
east southeast to latitude 37 deg.03'13'' North, longitude
76 deg.15'40'' West, thence south southwest parallel to the shoreline
to longitude 37 deg.00'04'' North, longitude 76 deg.17'20'' West,
thence west northwest to the shoreline at latitude 37 deg.00'15''
North, longitude 76 deg.18'13'' 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) All persons and/or vessels not
authorized as participants or 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 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.
(c) Effective dates. This section is effective from 11:30 a.m. EDT.
(Eastern Daylight Time) to 4 p.m. EDT on June 11 and 12, 1999. In the
event of inclement weather, this section will be effective on June 13,
1999 at the same time and place.
Thomas E. Bernard,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 99-14516 Filed 6-7-99; 8:45 am]
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