[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]
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