[Federal Register Volume 64, Number 57 (Thursday, March 25, 1999)]
[Rules and Regulations]
[Pages 14384-14385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7323]



[[Page 14384]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-99-012]
RIN 2115-AE46


Special Local Regulations for Marine Events; 1D48 Chesapeake 
Grand Prix Round-the-Buoys Races

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is adopting temporary special local 
regulations for the 1D48 Chesapeake Grand Prix Round-the-Buoys Races, a 
marine event to be held on the waters of the Patapsco River near 
Baltimore, Maryland. These regulations are necessary to provide for the 
safety of life and property on U.S. navigable waters during the event. 
The effect will be restrict general navigation in the regulated area 
for the safety of spectators, participants, and other vessels 
transiting the area.

EFFECTIVE DATES: This temporary final rule is effective from 11 a.m. 
EDT (Eastern Daylight Time) to 3 p.m. EDT on April 28, April 29, and 
April 30, 1999.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer R. Houck, Marine 
Events Coordinator, Commander, Coast Guard Activities Baltimore, 2401 
Hawkins Point Road, Baltimore Maryland, 21226-1791, telephone number 
(410) 576-2674.

SUPPLEMENTARY INFORMATION:

Regulatory History

    In accordance with 5 U.S.C. 553, no notice of proposed rulemaking 
was published for this regulation. Following normal rulemaking 
procedures would have not been impracticable since there is not 
sufficient time remaining to publish a proposed rule in advance of the 
event or to provide for a delayed effective date. Immediate action is 
needed to protect vessel traffic from the potential hazards associated 
with this event.

Background and Purpose

    One Design, LLC, of Annapolis, Maryland, will sponsor the 1D48 
Chesapeake Grand Prix Round-the Buoys Races on April 28, April 29 and 
April 30, 1999. The event is consist of 8 state-of-the-art auxiliary-
powered sloops conducting highly publicized, competitive races, on the 
waters of the Patapsco River, near Baltimore, Maryland. A fleet of 
spectator vessels is anticipated for the event, as the races coincide 
with the annual Baltimore Waterfront Festival. Because of the need for 
vessel control during the races, vessel traffic will be temporarily 
restricted to provide for the safety of spectator, participants and 
transiting vessels.

Discussion of Regulations

    The Coast Guard will establish temporary special local regulations 
on specified waters of the Patapsco River. The effect will be to 
restrict general navigation in the regulated area during the races. 
Except for persons or vessels authorized by the Coast Guard Patrol 
Commander, no person or vessel may enter or remain in the regulated 
area while the regulations are in effect. These regulations are needed 
to control vessel traffic during the event to enhance the safety of 
participants, spectators, and transiting vessels. Since the Coast Guard 
Patrol Commander may stop the event to assist transit of vessels 
through the regulated area, normal marine traffic should not be 
severely disrupted.

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 
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 fact that the regulated area will be in 
effect only for a limited amount of time, extensive advisories have 
been and will be made to the affected maritime community so that they 
may adjust their schedules accordingly, and the event schedule will 
allow commercial interests to coordinate their activities to allow for 
minimum disruption to their enterprise.

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 businesss 
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; 49 CFR 1.46 and 33 CFR 100.35.

    2. A temporary section, 100.35-T05-012, is added to read as 
follows:


Sec. 100.35-T05-012; 1D48  Chesapeake Grand Prix Round-the-Buoys Races.

    (a) Definitions. (1) Regulated area. The waters of the Patapsco 
River enclosed by:


Latitude                             Longitude
 
39 deg.15'09.0'' N.                  76 deg.32'38.5'' W, to
39 deg.13'30.5'' N                   76 deg.31'06.5'' W, to
39 deg.12'45.5'' N                   76 deg.32'03.0'' W, to
39 deg.15'17.0'' N                   76 deg.34'40.0'' W, to
39 deg.15'39.0'' N                   76 deg.34'16.0'' W, to
39 deg.15'09.0'' N                   76 deg.32'38.5'' W
 

All coordinates refer to Datum NAD 1983.

[[Page 14385]]

    (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) All persons and vessels not 
authorized as participants or official patrol vessels are spectators. 
The ``official patrol'' consists of any Coast Guard, public, State, 
county, or local law-enforcement vessels assigned or approved by 
Commander, Coast Guard Activities Baltimore.
    (2) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (3) The operator of any vessel in this area shall:
    (i) Stop the vessel immediately when directed to do so by any 
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.
    (4) Spectator vessels may enter and anchor in areas outside the 
regulated area without the permission of the Patrol Commander. They 
shall use caution not to enter the regulated area. No vessel shall 
anchor within a tunnel, cable, or pipeline area shown on a Government 
chart.
    (5) The Coast Guard Patrol Commander will announce the specific 
time during which the regulations will be enforced, by Broadcast Notice 
to Mariners on channel 22 VHF-FM marine band radio.
    (c) Effective dates. The regulated area is effective from 11 a.m. 
EDT (Eastern Daylight Time) to 3 p.m. EDT on April 28, April 29, and 
April 30, 1999.

    Dated: March 5, 1999.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 99-7323 Filed 3-24-99; 8:45 am]
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