[Federal Register Volume 62, Number 76 (Monday, April 21, 1997)]
[Proposed Rules]
[Pages 19239-19240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10152]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend 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 action is
intended to update the regulation in order to enhance the safety of
life and property during the events.
DATES: Comments must be received on or before June 20, 1997.
ADDRESSES: Comments may be mailed to Commander (Aosr), Fifth Coast
Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004,
or hand delivered to Room 516 at the same address between 7:30 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The telephone
number is (757) 398-6204. Comments will become part of this docket and
will be available for inspection and copying at the above address.
FOR FURTHER INFORMATION CONTACT:
S.L. Phillips, Project Manager, Search and Rescue Branch, at (757) 398-
6204.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written views, data, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD 05-97-012) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a public
hearing by writing to the address listed under ADDRESSES. The request
should include the reasons why a hearing would be beneficial. If it
determines that the opportunity for oral presentations will aid this
rulemaking, the Coast Guard will hold a public hearing at a time and
place announced by a later notice in the Federal Register.
Background and Purpose
The current regulations at 33 CFR 100.519 establish 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 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 proposal would add 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 proposal is necessary to control vessel traffic
during the event to enhance the safety of participants, spectators, and
transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to amend the special local regulations
previously established for this event area by incorporating a table
which identifies specific events during which the regulated area will
be in effect and amending the language of the regulation to include
reference to this table. Since this action will not significantly
increase the period of time that the channel is restricted and the
Coast Guard patrol commander may stop any event to assist transit of
vessels through the regulated area, normal marine traffic should not be
severely disrupted.
Regulatory Evaluation
This proposal 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
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. The impact on routine vessel navigation is expected to be
minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal 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). The Coast Guard expects the economic impact of this
proposal to be minimal, and certifies under 5 U.S.C. 605(b), that this
proposal, if adopted, will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This proposal contains no Collection of Information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal 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
proposal is categorically excluded from further environmental
documentation.
[[Page 19240]]
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
2. Section 100.519 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 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 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
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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
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Dated: March 28, 1997.
Kent H. Williams,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 97-10152 Filed 4-18-97; 8:45 am]
BILLING CODE 4910-14-M