[Federal Register Volume 62, Number 150 (Tuesday, August 5, 1997)]
[Rules and Regulations]
[Pages 42067-42068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20564]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-97-012]
RIN 2115-AE46
Special Local Regulations for Marine Events; Assateague Channel,
Chincoteague, Virginia
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending permanent special local
regulations established for an annual marine event held in the
Assateague Channel, Chincoteague, Virginia by including an additional
event for which the regulated area will be in effect. This rule updates
the regulation in order to enhance the safety of life and property
during the events.
EFFECTIVE DATE: This final rule is effective on September 4, 1997.
FOR FURTHER INFORMATION CONTACT: S.L. Phillips, Project Manager,
Auxiliary Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory History
On April 21, 1997, the Coast Guard published a notice of proposed
rulemaking entitled special Local Regulations for Marine Events;
Assateague Channel, Chincoteague, Virginia, in the Federal Register (62
FR 19239). The Coast Guard received no comments on the proposed
rulemaking. No public hearing was requested, and none was held.
Background and Purpose
Title 33 of the Code of Federal Regulations, section 100.519
established special local regulations for the Pony Penning Swim, a
marine event held annually in the Assateague Channel, Chincoteague,
Virginia. Since the promulgation of 33 CFR Sec. 100.519, an additional
marine event, the Chincoteague Power Boat Regatta, has been approved
and scheduled on an annual basis in the regulated area. This rule adds
the Chincoteague Power Boat Regatta to the list of events for which the
regulations will be in effect, thereby eliminating the need for
issuance of temporary rules for this event. This rule is necessary to
control vessel traffic during the event to enhance the safety of
participants, spectators, and transiting vessels.
Discussion of Comments and Changes
The Coast Guard received no comments on the proposed rulemaking.
Therefore, the proposed rule is being implemented without change.
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
final rule to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
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).
This rule does not impose any new restrictions on vessel traffic. It
merely changes the effective period of the regulation and adds a Table
which identifies specific events during which the regulated area will
be in effect. Therefore, the Coast Guard certifies under Section 605(b)
of the Regulatory Flexibility Act (5 U.S.C. 601-612) that this final
rule will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This final rule contains no collection of information requirement
under the Paperwork Reduction Act of 1995 (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 section 2.b.2.e(34) (h) of Commandant
Instruction M16475.1b (as amended, 61 FR 13564; 27 March 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
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR Part 100 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. Section 100.510 is amended by revising paragraphs (b)(1) and (c)
and adding Table 1 to read as follows:
Sec. 100.519 Assateague Channel, Chincoteague, Virginia.
* * * * *
(b) Special local regulations.
(1) Except for participants registered with the event sponsor and
vessels authorized by the Coast Guard Patrol Commander, no person or
vessel may enter or remain in the regulated area
[[Page 42068]]
without the permission of the Patrol Commander.
* * * * *
(c) Effective periods. This regulation is effective annually for
the duration of each marine event listed in Table 1, or as otherwise
specified in the Coast Guard Local Notice to Mariners and a Federal
Register notice. The Coast Guard Patrol Commander will announce by
Broadcast Notice to Mariners the specific time periods during which the
regulations will be enforced.
Table 1 of Sec. 100.519
Chincoteague Power Boat Regatta
Sponsor: Chincoteague Chamber of Commerce
Date: Third Saturday and Sunday in June
Pony Penning Swim
Sponsor: Chincoteague Volunteer Fire Department
Date: Last Wednesday in July and the following Friday
Dated: July 14, 1997.
Roger T. Rufe, Jr.,
Vice Admiral Commander, Fifth Coast Guard District.
[FR Doc. 97-20564 Filed 8-4-97; 8:45 am]
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