[Federal Register Volume 63, Number 130 (Wednesday, July 8, 1998)]
[Rules and Regulations]
[Pages 36850-36851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18115]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-98-047]
RIN 2115-AE46


Special Location Regulations for Marine Events; Dragon Boat 
Races, Inner Harbor, Baltimore, Maryland

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Special local regulations are being adopted for Dragon Boat 
Races to be held in the Inner Harbor, Baltimore, Maryland. The event 
will be held from 7 a.m. to 6 p.m. on September 19, 1998. 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 event 
participants.

EFFECTIVE DATE: This regulation is effective from 7 a.m. to 6 p.m. on 
September 19, 1998.

FOR FURTHER INFORMATION CONTACT: CWO R. Houck, Marine Events 
Coordinator, Commander, Coast Guard Activities Baltimore, 2401 Hawkins 
Point Road, Building 70, Baltimore, Maryland 21226-1761, (410) 576-
2674.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking was not published for this regulation because 
following normal rulemaking procedures would have been impractical. The 
request to hold the event was not submitted until June 6, 1998, and 
there is not sufficient time remaining for a notice and comment period 
before the event. Therefore, publishing a notice of proposed rulemaking 
would be contrary to safety interests, since immediate action is needed 
to minimize potential danger to the participants in this event

Discussion of Regulations

    On September 19, 1998, Associated Catholic Charities, Inc., will 
sponsor the Dragon Boat Races in the Inner Harbor. The event will 
consist of 36 teams rowing Chinese Dragon Boats in heats of 2 to 4 
boats for a distance of 400 meters. Except for participants in the 
Dragon

[[Page 36851]]

Boat 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. The Patrol Commander will allow 
vessel traffic to transit the event area between races. These 
regulations are necessary to control other vessels transiting the event 
area 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 the 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 Dragon 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. 601-612), 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). 
Because it expects the impact of this rule to be minimal, the Coast 
Guard certifies under Section 605(b) of the Regulatory Flexibility Act 
(5 U.S.C. 601-612) 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. 3501-3520).

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 figure 2-1, paragraph (34)(h) of COMDTINST 
M16475.1C, this rule is categorically excluded from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine parade are excluded under that 
authority.

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 100.35-T05-047 is added to read as follows:


Sec. 100.35-T05-047   Inner Harbor, Baltimore, Maryland.

    (a) Definitions:
    (1) Regulated area: The waters of the Inner Harbor from shoreline 
to shoreline, bounded on the east by a line drawn along longitude 
76 deg.36'30'' 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 Activities Baltimore.
    (b) Special Local Regulations:
    (1) Except for participants in the Dragon Boat 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 regulated 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 section is effective from 7 a.m. to 6 
p.m. on September 19, 1998.

    Dated: June 23, 1998.
P.M. Stillman,
Captain, U.S. Coast Guard Acting Commander, Fifth Coast Guard District.
[FR Doc. 98-18115 Filed 7-7-98; 8:45 am]
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