[Federal Register Volume 62, Number 126 (Tuesday, July 1, 1997)]
[Rules and Regulations]
[Pages 35390-35391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17089]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-97-043]
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: Temporary 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) July 12 & 13, 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.

EFFECTIVE DATES: This regulation is effective from 8 a.m. to 5 p.m. EDT 
on July 12 & 13, 1997.

FOR FURTHER INFORMATION CONTACT:
CWO D. Merrill, 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 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 May 
30, 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 July 12 & 13, 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.
    This event was originally scheduled for May 24-26, 1997. Special 
local regulations were adopted to provide for the safety of life and 
property during the event; however, the event was canceled because of 
inclement weather.

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

[[Page 35391]]

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). This rule does not impose any new restrictions on 
vessel traffic, but merely changes effective dates of a regulation. 
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

    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 100.35T-05-043 is added to read as follows:


Sec. 100.35T-05-043  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 July 12 & 13, 1997.

    Dated: June 17, 1997.
J. Carmichael,
Captain, USCT, Acting Commander, Fifth Coast Guard District.
[FR Doc. 97-17089 Filed 6-30-97; 8:45 am]
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