[Federal Register Volume 64, Number 55 (Tuesday, March 23, 1999)]
[Rules and Regulations]
[Pages 13913-13914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7093]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-99-010]
RIN 2115-AE46


Special Local Regulations for Marine Events; Western Branch, 
Elizabeth River, Portsmouth, Virginia

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is adopting temporary special local 
regulations for the Crawford Bay Crew Classic to be held on the waters 
of the Western Branch, Elizabeth River, Portsmouth, Virginia. These 
regulations are needed 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, 
spectator craft, and other vessels transiting the event area. This 
action is intended to enhance the safety of life and property during 
the event.

EFFECTIVE DATES: This temporary final rule is effective from 11 a.m. to 
6 p.m. on March 26, 1999, and from 6:30 a.m. to 6 p.m. on March 27, 
1999.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Allen Walther, 
Marine Events Coordinator, Commander, Coast Guard Group Hampton Roads, 
4000 Coast Guard Boulevard, Portsmouth, Virginia, 23703, telephone 
number (757) 483-8521.

SUPPLEMENTARY INFORMATION:

Regulatory History

    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. 
Publishing a notice of proposed rulemaking and delaying the effective 
date would be contrary to the public interest because immediate action 
is needed to protect event participants, spectator craft, and transient 
vessel traffic.

Background and Purpose

    Port Events, Inc., will hold the ``Crawford Bay Crew Classic'' on 
the waters of the Western Branch, Elizabeth River. The event will 
consist of intercollegiate crew competition along a 2000-meter course. 
A large fleet of spectator vessels is anticipated. Because of the need 
for vessel control during the crew competition, vessel traffic will be 
temporarily restricted to provide for the safety of participants, 
spectators, and transiting vessels.

[[Page 13914]]

Discussion of Regulations

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Western Branch, Elizabeth River. The 
regulations will be in effect from 11 a.m. to 6 p.m. on March 26, 1999, 
and from 6:30 a.m. to 6 p.m. on March 27, 1999, and will restrict 
general navigation in the regulated areas during the event. Except for 
persons or vessels authorized by the Coast Guard Patrol Commander, no 
person or vessel may enter or remain in the regulated area. These 
regulations are needed to control vessel traffic during the crew 
competition to enhance the safety of participants, spectators, and 
transiting vessels.

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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. 
This conclusion is based on the facts that the regulated area will only 
be in effect for a limited amount of time and that the Coast Guard 
Patrol Commander will allow vessel transits through the regulated area 
during times that the race participants are not competing.

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 event not 
lasting long, the Coast Guard certifies under 5 U.S.C. 605(b) 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 (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 through 1236; 49 CFR 1.46; 33 CFR 
100.35.

    2. A temporary section, Sec. 100.35-T05-010, is added to read as 
follows:


Sec. 100.35-T05-010  Western Branch, Elizabeth River, Portsmouth, 
Virginia.

    (a) Definitions--(1) Regulated Area. The waters of the Western 
Branch, Elizabeth River, bounded by a line connecting the following 
points:

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                 Latitude                             Longitude
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36 deg.50.3' North........................  076 deg.23.1' West, to
36 deg.50.3' North........................  076 deg.21.7' West, to
36 deg.50.2' North........................  076 deg.21.7' West, to
36 deg.50.2' North........................  076 deg.23.1' West, to
36 deg.50.3' North........................  076 deg.23.1' West
------------------------------------------------------------------------

    All coordinates refer to 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 persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in this area shall:
    (i) Stop the vessel immediately when directed to do so by an 
official patrol, including any commissioned, warrant, or petty officer 
on board a vessel displaying a Coast Guard ensign.
    (ii) Proceed as directed by any official patrol, including any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (c) Effective Dates. The regulated area is effective from 11 a.m. 
to 6 p.m. on March 26, 1999, and from 6:30 a.m. to 6 p.m. on March 27, 
1999.

    Dated: March 3, 1999.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 99-7093 Filed 3-22-99; 8:45 am]
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