[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Rules and Regulations]
[Pages 50506-50507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25602]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD8-97-038]
RIN 2115-AE46


Special Local Regulations; 1997 Galveston Offshore Powerboat 
Festival, Galveston, TX

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Special local regulations are being adopted for the Galveston 
Offshore Powerboat Festival. This event will be held on October 11, 
1997 from 11 a.m. to 5 p.m. in the Galveston Ship Channel and on 
October 12, 1997 from 10 a.m. to 6 p.m. offshore of Galveston Island at 
Galveston, Texas. These regulations are needed to provide for the 
safety of life on the navigable waters during the event.

DATES: These regulations become effective on October 11, 1997 at 10:30 
a.m. until 5:30 p.m. and on October 12, 1997 at 9:30 a.m. until 6:30 
p.m.

FOR FURTHER INFORMATION CONTACT:
LT Harry Schmidt, Operations Officer, U.S. Coast Guard Group Galveston. 
Tel: (409) 766-5603.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    In accordance with 5 U.S.C. 553, a notice of proposed rule making 
for these regulations has not been published, and good cause exists for 
making them effective in less than 30 days from the date of 
publication. Following normal rule making procedures would be 
impracticable. The details of the event were not finalized in 
sufficient time to publish proposed rules in advance of the event or to 
provide for a delayed effective date.

Background and Purpose

    The marine event requiring this regulation is a power boat race 
called the ``1997 Galveston Offshore Powerboat Festival''. This event 
is sponsored by Texas Gulf Coast Racing, Inc. It will consist of an 
inshore powerboat race in the Galveston Ship Channel on October 11, 
1997 and an offshore race on October 12, 1997. Approximately 60 
offshore V-hull and catamaran-hull outboard and inboard race boats from 
22 to 50 feet in length operating at high speeds are expected to 
participate in the races. The courses to be followed by the races will 
be marked by patrol vessels positioned at various points along each 
route. Fifty to two hundred spectator boats are expected for this 
event.
    While viewing the event at any point outside the regulated area is 
not prohibited spectators will be encouraged to congregate within areas 
designated by the sponsor. Non-participating vessels will be permitted 
to transit the area every hour on the hour at No Wake Speed with the 
permission of the patrol commander.

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 the order. It has 
not been reviewed 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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary 
because of the event's short duration.

Small Entities

    The Coast Guard finds that the impact on small entities, if any, is 
not substantial. Therefore, the Coast Guard certifies under section 
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq) that 
this temporary rule will not have a significant economic impact on a 
substantial number of small entities because of the event's short 
duration.

Collection of Information

    This rule contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

Federalism Assessment

    The Coast Guard has analyzed this action in accordance with the 
principles and criteria of Executive Order 12612 and has determined 
that this rule does not raise sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environmental Assessment

    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 revised by 61 FR 13563; March 27, 1996) this 
rule is excluded from further environmental documentation.

List of Subjects In 33 CFR Part 100

    Mine 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:
    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 Sec. 100.35-T08-038 is added to read as follows:


Sec. 100.35-T08-038  Galveston, TX.

    (a) Regulated Area: The Galveston Ship Channel from the Pelican 
Island Bridge to Pier 9 on October 11, 1997 and The Gulf of Mexico 
within the area bounded by a point on the shoreline at 29-18.7N, 094-
45.5W southeast to 29-18.2N, 094-45.0W thence southwest to 29-16.0N, 
094-46.4W thence west to 29-14.8.0N, 094-49.6W thence northwest to the 
shoreline at 29-15.7N, 094-52.0W on October 12, 1997.
    (b) Special Local Regulation: All persons and vessels not 
registered with the sponsors as participants or official patrol vessels 
are considered spectators.

[[Page 50507]]

Participants are those persons and vessels identified by the sponsor as 
taking part in the event. The official patrol consists of any Coast 
Guard, public, state, or local law enforcement and sponsor provided 
vessel assigned to patrol the event. The Coast Guard Patrol Commander 
is a Coast Guard commissioned, warrant, or petty officer who has been 
designated by Commanding Officer, U.S. Coast Guard Group Galveston.
    (1) No spectator shall anchor, block, loiter in or impede the 
through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times, unless cleared for 
entry by or through an official patrol vessel.
    (2) When hailed and signaled, by an official patrol vessel, a 
spectator shall come to an immediate stop. Vessels shall comply with 
all directions given; failure to do so may result in a citation.
    (3) The patrol commander is empowered to forbid and control the 
movement of all vessels in the regulated area. He may terminate the 
event at any time it is deemed necessary for the protection of life or 
property. He may be reached on VHF-FM Channel 16, when required by the 
call sign PATCOM.
    (c) Effective Dates: This section is effective from 10:30 a.m. 
until 5:30 p.m. on October 11, 1997 and from 9:30 a.m. until 6:30 p.m. 
on October 12, 1997.

    Dated: September 19, 1997.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 97-25602 Filed 9-25-97; 8:45 am]
BILLING CODE 4910-14-M