[Federal Register Volume 64, Number 140 (Thursday, July 22, 1999)]
[Rules and Regulations]
[Pages 39415-39416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18702]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-99-064]
RIN 2115-AE46
Special Local Regulations for Marine Events; Chesapeake
Challenge, Patapsco River, Baltimore, MD
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Temporary special local regulations are being adopted for the
Chesapeake Challenge powerboat race to be held on the waters of the
Patapsco River near Baltimore, Maryland. These regulations are needed
to protect boaters, spectators and participants 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 1 p.m. EDT (Eastern
Daylight Time) to 4 p.m. EDT on July 24 and 25, 1999.
ADDRESSES: Documents as 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 trough Friday, except Federal holidays. The
telephone number is (757) 398-6204.
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
A notice of proposed rulemaking (NRPM) was not published for this
regulation. In keeping with 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. The Coast Guard
received confirmation of this request for special local regulations on
June 8, 1999. There was not sufficient time to publish a proposed rule
in advance of the event. Publishing a NPRM and delaying the effective
date of the regulation would be contrary to the public interest,
because immediate action is necessary to protect vessel traffic from
the potential hazards associated with this event.
Background and Purpose
On July 24 and 25, 1999, the Chesapeake Bay Power Boat Association
will sponsor the Chesapeake Challenge, a marine event to be held on the
waters of the Patapsco River near Baltimore, Maryland. The event will
consist of 65 to 80 offshore power boats racing in heats around an oval
race course. A large fleet of spectator vessels is anticipated. Due to
the need for vessel control during the races, vessel traffic will be
temporarily restricted to provide for the safety of spectators,
participants and transiting vessels.
Discussion of Regulations
The Coast Guard is establishing temporary special local regulations
on specified waters of the Patapsco River. The temporary special local
regulations will be in effect from 1 p.m. EDT (Eastern Daylight Time)
to 4 p.m. EDT on July 24 and 25, 1999 and will restrict general
navigation in the regulated areas 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. Special anchorage
areas will also be established for spectator vessels to view the event.
These regulations are needed to control vessel traffic during the
marine 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 areas will only be
in effect 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
minimal disruption to their enterprise.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered 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 final 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 final
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.
Collection of Information
This temporary final rule does not provide for a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
[[Page 39416]]
Federalism
The Coast Guard has analyzed this temporary final 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.
Regulation
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-T05-064 is added to read as
follows:
Sec. 100.35-T05-064 Chesapeake Challenge, Patapsco River, Baltimore,
Maryland.
(a) Definitions:
(1) Regulated Area. The waters of the Patapsco River enclosed by:
Latitude Longitude
39 deg. 15' 27.5'' N 076 deg. 33' 10.0'' W, to
39 deg. 13' 23.o'' N 076 deg. 31' 14.0'' W, to
39 deg. 12' 06.0'' N 076 deg. 29' 43.5'' W, to
39 deg. 12' 00.0'' N 076 deg. 29' 08.0'' W, to
39 deg. 11' 24.0'' N 076 deg. 29' 27.5'' W, to
39 deg. 11' 48.0'' N 076 deg. 30' 58.0'' W, to
39 deg. 14' 53.5'' N 076 deg. 34' 15.0'' W, to
39 deg. 15' 24.0'' N 076 deg. 33' 53.0'' W, to
39 deg. 15' 27.5'' N 076 deg. 33' 10.0'' W
(2) Curtis Bay South Spectator Anchorage Area. The waters south of
Curtis Bay Channel bounded by a line connecting the following points:
Latitude Longitude
39 deg. 13' 16.0'' N 076 deg. 32' 31.5'' W, to
39 deg. 13' 00.0'' N 076 deg. 32' 16.0'' W, to
39 deg. 12' 49.5'' N 076 deg. 32' 31.5'' W, to
39 deg. 13' 06.0'' N 076 deg. 32' 48.5'' W, to
39 deg. 13' 16.0'' N 076 deg. 32' 31.5'' W
(3) Curtis Bay North Spectator Anchorage Area. The waters north of
Curtis Bay Channel bounded by a line connecting the following points:
Latitude Longitude
39 deg. 14' 00.0'' N 076 deg. 33' 18.5'' W, to
39 deg. 13' 33.0'' N 076 deg. 32' 50.0'' W, to
39 deg. 13' 20.5'' N 076 deg. 33' 13.5'' W, to
39 deg. 13' 37.0'' N 076 deg. 33' 40.0'' W, to
39 deg. 14' 00.0'' N 076 deg. 33' 18.5'' W
(4) Fort McHenry Spectator Anchorage Area. The waters south of
Hawkins Point bounded by a line connecting the following points:
Latitude Longitude
39 deg. 12' 26.5'' N 076 deg. 31' 39.0'' W, to
39 deg. 11' 48.0'' N 076 deg. 30' 58.0'' W, to
39 deg. 11' 40.0'' N 076 deg. 30' 33.0'' W, to
39 deg. 11' 16.5'' N 076 deg. 30' 46.5'' W, to
39 deg. 12' 19.5'' N 076 deg. 31' 50.5'' W, to
39 deg. 12' 26.5'' N 076 deg. 31' 39.0'' W
All coordinates reference Datum NAD 1983.
(5) 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 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 areas.
(3) The operator of any vessel in these areas 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 the special spectator
anchorage areas described in paragraph (a) of this section 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.
(c) Effective Dates. The regulated area described in paragraph
(a)(1) of this section and the spectator anchorage areas described in
paragraphs (a)(2) through (a)(4) of this section are effective from 1
p.m. EDT (Eastern Daylight Time) to 4 p.m., EDT on July 24 and 25,
1999.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 99-18702 Filed 7-21-99; 8:45 am]
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