[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Rules and Regulations]
[Pages 45717-45718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23067]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-97-065]
RIN 2115-AE46


Special Local Regulations for Marine Events; Hampton Offshore 
Challenge, Chesapeake Bay, Hampton, Virginia

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Special local regulations are being adopted for the Hampton 
Offshore Challenge boat race to be held in the Chesapeake Bay, Hampton, 
Virginia. 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 10:30 a.m. to 6 p.m. 
EDT (Eastern Daylight Time) on September 6 and September 7, 1997.

FOR FURTHER INFORMATION CONTACT:
Chief Warrant Officer D. Merrill, Marine Events Coordinator, Commander, 
Coast Guard Group Hampton Roads, 4000 Coast Guard Blvd., Portsmouth, 
Virginia 23703, (757) 483-8568.

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 received until July 
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 September 6 and September 7, 1997, the United States Offshore 
Racing Association will sponsor the Hampton Offshore Challenge race in 
the Chesapeake Bay near Buckroe Beach, Hampton, Virginia. The event 
will consist of Offshore Performance Boats racing at high speeds along 
an 8 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. Because vessels will be allowed to transit the 
event area between heats, the

[[Page 45718]]

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). The Coast Guard expects the economic impact of this 
rule to be minimal, and 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, because the regulations will only be in 
effect for a short duration in a limited area.

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-05-065 is added to read as follows:


Sec. 100.35T-05-065  Chesapeake Bay, Hampton, Virginia.

    (a) Definitions: (1) Regulated area: The waters of the Chesapeake 
Bay adjacent to Buckroe Beach commencing at a point on the shoreline at 
latitude 37 deg.03'40'' North, longitude 76 deg.16'55'' West, thence 
east southeast to latitude 37 deg.03'13'' North, longitude 
76 deg.15'40'' West, thence south southwest parallel to the shoreline 
to latitude 37 deg.00'04'' North, longitude 76 deg.17'20'' West, thence 
west northwest to the shoreline at latitude 37 deg.00'15'' North, 
longitude 76 deg.18'13'' 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 
Hampton Offshore Challenge race 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 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 10:30 a.m. 
to 6 p.m. EDT on September 6 and September 7, 1997.

    Dated: August 14, 1997.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 97-23067 Filed 8-28-97; 8:45 am]
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