[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Rules and Regulations]
[Pages 46272-46273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22058]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-99-070]
RIN 2115-AE46
Special Local Regulations for Marine Events; Mears Point Marina
and Red Eyes Dock Bar Fireworks Display, Chester River, Kent Narrows,
Maryland
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Temporary special local regulations are being adopted for the
Mears Point Marina and Red Eyes Dock Bar Fireworks Display, to be held
September 5, 1999, over the waters of the Chester River, Kent Narrows,
Maryland. 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 8:30 p.m. to 9:30
p.m. EDT (Eastern Daylight Time) on September 5, 1999 and September 6,
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 through 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 (NPRM) 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
July 16, 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 spectators and other
vessel traffic from the potential hazards associated with this event.
Background and Purpose
The Mears Point Marina and Red Eyes Dock Bar will sponsor a Labor
Day Celebration fireworks display, to be held over the waters of the
Chester River, Kent Narrows, Maryland. The event will consist of
pyrotechnic displays fired
[[Page 46273]]
from a barge positioned north of Kent Narrows, Maryland. A large fleet
of spectator vessels is anticipated. Due to the need for vessel control
during the fireworks display, 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 Chester River. The temporary special local
regulations will be in effect from 8:30 p.m. to 9:30 p.m. EDT on
September 5, 1999 and will restrict general navigation in the regulated
area during the event. If the event is postponed due to weather
conditions, the temporary special local regulations will be effective
from 8:30 p.m. to 9:30 p.m. on September 6, 1999. 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 fireworks display 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 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 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 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.).
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-T05-070 is added to read as
follows:
Sec. 100.35-T05-070 Mears Point Marina and Red Eyes Dock Bar Fireworks
Display, Chester River, Kent Narrows, Maryland.
(a) Definitions--(1) Regulated Area. The waters of the Chester
River enclosed within the arc of a circle with a radius of 150 yards
and with its center located at latitude 38 deg.58.6' North, longitude
076 deg.14.3' 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 Activities Baltimore.
(b) Special Local Regulations. (1) All persons and/or vessels not
authorized as 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 8:30 p.m. to
9:30 p.m. EDT (Eastern Daylight Time) on September 5, 1999. If the
event is postponed due to weather conditions, the regulated area is
effective from 8:30 p.m. to 9:30 p.m. EDT on September 6, 1999.
Dated: August 13, 1999.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard, Commander Fifth Coast Guard District.
[FR Doc. 99-22058 Filed 8-24-99; 8:45 am]
BILLING CODE 4910-15-M
