[Federal Register Volume 63, Number 146 (Thursday, July 30, 1998)]
[Rules and Regulations]
[Pages 40652-40653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20418]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-98-063]
RIN 2115-AE 46
Special Local Regulations for Marine Events; Prospect Bay,
Maryland
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: Temporary special local regulations are being adopted for the
``Thunder on the Narrows'' hydroplane races to be held on the waters of
Prospect Bay near Kent Narrows, 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 12 p.m. EDT (Eastern
Daylight Time) to 6 p.m. EDT on August 1 and August 2, 1998.
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, a notice of proposed rulemaking
was not published for this regulation and good cause exists for making
it effective less than 30 days after Federal Register publication. The
application for this event was not received until June 24, 1998.
Following normal rulemaking procedures would have been impractical
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 congested waterways.
Background and Purpose
The Kent Narrows Racing Association has submitted a marine event
application to the U.S. Coast Guard for the ``Thunder on the Narrows''
hydroplane races, to be held on the waters of Prospect Bay on August 1
and 2, 1998. The event will consist of 75 hydroplanes racing in heats
counter-clockwise 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 will establish temporary special local regulations
on specified waters of Prospect Bay. The temporary special local
regulations will be in effect from 12 p.m. EDT (Eastern Daylight Time)
to 6 p.m. EDT on August 1 and 2, 1998, and will restrict general
navigation in the regulated area 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. 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, and extensive advisories
have been and 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. 601-612), 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 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 because of the event's short duration.
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.
[[Page 40653]]
2. A temporary section, Sec. 100.35-T05-063 is added to read as
follows:
Sec. 100.35-T05-063 Prospect Bay, Maryland.
(a) Definitions.
(1) Regulated area. The waters of Prospect Bay, between Kent Island
and Hog Island enclosed by:
Latitude Longitude
38 deg.57'52.0'' North 76 deg.14'48.0'' West, to
38 deg.58'02.0'' North 76 deg.15'05.0'' West, to
38 deg.57'38.0'' North 76 deg.15'29.0'' West, to
38 deg.57'28.0'' North 76 deg.15'23.0'' West, to
38 deg.57'52.0'' North 76 deg.14'48.0'' West
[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/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 12 p.m. EDT
(Eastern Daylight Time) to 6 p.m. EDT on August 1 and 2, 1998.
Dated: July 14, 1998.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 98-20418 Filed 7-29-98; 8:45 am]
BILLING CODE 4910-15-M
