[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)]
[Rules and Regulations]
[Pages 27960-27961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13512]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-97-020]
RIN 2115-AE46


Special Local Regulations for Marine Events; Virginia is for 
Lovers Cup Unlimited Hydroplane Races, Willoughby Bay, Norfolk, 
Virginia

AGENCY: Coast Guard, DOT.

ACTION: Temporaty final rule.

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SUMMARY: Special local regulations are being adopted for the Virginia 
is for Lovers Cup Unlimited Hydroplane Races to be held in Willoughby 
Bay, Norfolk, Virginia. The event will be held from 8 a.m. to 5 p.m. 
EDT (Eastern Daylight Time) May 24, 1997 to May 26, 1997. These special 
local regulations are necessary to control vessel traffic in the 
immediate vicinity of this event. The effect will be to restrict 
general navigation in the regulated area for the safety of spectators 
and participants.

DATES: This regulation is effective from 8 a.m. to 5 p.m. EDT on May 
24, May 25, and May 26, 1997.

FOR FURTHER INFORMATION CONTACT: LTJG R. Christensen, Marine Events 
Coordinator, Commander, Coast Guard Group Hampton Roads, 4000 Coast 
Guard Blvd., Portsmouth, Virginia 23703, (757) 483-8521.

SUPPLEMENTARY INFORMATION: 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 in

[[Page 27961]]

less than 30 days from the date of publication. Following normal 
rulemaking procedures would have been impractical. The request to hold 
the event was not submitted until February 3, 1997. Publishing a notice 
of proposed rulemaking and delaying its effective date would be 
contrary to safety interests, since immediate action is needed to 
minimize potential danger to the public posed by the large number of 
racing vessels participating in this event.

Discussion of Regulations

    On May 24, May 25, and May 26, 1997, the City of Norfolk will 
sponsor the Virginia is for Lovers Cup Unlimited Hydroplane Races in 
Willoughby Bay. The event will consist of Hydroplanes, Hydrolights and 
Jersey Speed Skiffs racing at high speeds along a 2 mile oval course. 
These regulations are necessary to control spectator craft and provide 
for the safety of life and property on navigable waters during the 
event.

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 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory procedures of DOT is unnecessary. Entry 
into the regulated area will only be prohibited while the race boats 
are actually competing. Since vessels will be allowed to transit the 
event area between heats, the impacts on routine navigation are 
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 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). Therefore, the Coast Guard certifies under Section 
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that 
this final rule will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    These regulations contain no collection of information requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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; March 27, 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.

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.

    2. A temporary Section 100.35T05-020 is added to read as follows:


Sec. 100.35T05-020  Willoughby Bay, Norfolk, Virginia

    (a) Definitions--(1) Regulated area. The waters of Willoughby Bay 
from shoreline to shoreline, and the approaches to Willoughby Bay 
bounded by a line drawn westerly from the northern corner of Willoughby 
Spit located at latitude 36 deg.58'06'' North, longitude 76 deg.17'58'' 
West, to Willoughby Bay Channel Light 7 (LLNR 10595) located at 
latitude 36 deg.58'06'' North, longitude 76 deg.18'18'' West; thence 
southwesterly to the shoreline at the Norfolk Naval Base located at 
latitude 36 deg.57'21'' North, longitude 76 deg.18'27'' 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 Group Hampton Roads.
    (b) Special Local Regulations--(1) Except for participants in the 
Virginia is for Lovers Cup Unlimited Hydroplane Races 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.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:
    (i) Stop the vessel immediately when directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a Coast Guard ensign.
    (3) The Patrol Commander will allow vessel traffic to transit the 
event area between races.
    (c) Effective dates. This regulation is effective from 8 a.m. to 5 
p.m. EDT on May 24, May 25, and May 26, 1997.

    Dated: May 8, 1997.
Kent H. Williams,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 97-13512 Filed 5-21-97; 8:45 am]
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