[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 4910-14-M