[Federal Register Volume 63, Number 130 (Wednesday, July 8, 1998)]
[Rules and Regulations]
[Pages 36849-36850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18116]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-98-045]
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 4 p.m. 
EDT (Eastern Daylight Time) July 18 & 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 spectators and 
participants.

EFFECTIVE DATES: This regulation is effective from 8 a.m. to 4 p.m. EDT 
on July 18 & 19, 1998.

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 
26, 1998. 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 18 & 19, 1998, 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, Grand Prix and 
Jersey Speed Skiffs racing at high speeds along a 2-mile oval course. 
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. The Patrol 
Commander will allow non-participating vessel to transit the event area 
between races. 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

[[Page 36850]]

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. 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). 
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. 601-612) 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 COMSTINST 
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-T05-045 is added to read as follows:


Sec. 100.35-T05-045  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 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 8 a.m. to 4 
p.m. EDT on July 18 and July 19, 1998.

    Dated: June 23, 1998.
P.M. Stillman,
Captain, U.S. Coast Guard Acting Commander, Fifth Coast Guard District.
[FR Doc. 98-18116 Filed 7-7-98; 8:45 am]
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