[Federal Register Volume 64, Number 79 (Monday, April 26, 1999)]
[Proposed Rules]
[Pages 20236-20238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10428]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-99-020]
RIN 2115-AE46


Special Local Regulations for Marine Events; Special Olympics 
1999 Summer Sailing Regatta, St. Mary's River, St. Mary's City, MD

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary special local 
regulations for the Special Olympics 1999 Summer Sailing Regatta, a 
marine event to be held on the waters of the St. Mary's River, St. 
Mary's City, Maryland. These special local regulations, which will be 
in effect 6 a.m. EDT (Eastern Daylight Time) to 5 p.m. EDT, daily from 
June 27 to July 2, 1999, are necessary to provide for the safety of 
life and property on U.S. navigable waters during the event. The effect 
will be to restrict general navigation in the regulated area for the 
safety of spectators, participants, and other vessels transiting the 
event area.

DATES: Comments must reach the Coast Guard on or before May 26, 1999.

ADDRESSES: You may mail comments to Commander (Aoax), Fifth Coast Guard 
District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, or 
hand-deliver to Room 119 at the same address between 9:30 a.m. and 2 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (757) 398-6204. Commander (Aoax), Fifth Coast Guard District, 
431 Crawford Street, Portsmouth, Virginia 23704-5004 maintains the 
public docket for this rulemaking. Comments, and documents as indicated 
in this preamble, will become part of this docket and will be available 
for inspection and copying at the above address between 9:30 a.m. and 2 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
S.L. Phillips, Project Manager, Operations Division, Auxiliary Section, 
at (757) 398-6204.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD 05-99-020) and the specific

[[Page 20237]]

section of this proposal to which each comment applies, and give the 
reason for each comment. Please submit two copies of all comments and 
attachments in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. Persons wanting 
acknowledgement of receipt of comments should enclose stamped, self-
addressed postcards or envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the address listed under ADDRESSES. The 
request should include the reasons why a hearing would be beneficial. 
If it determines that the opportunity for oral presentations will aid 
this rulemaking, the Coast Guard will hold a public hearing at a time 
and place announced by a later notice in the Federal Register.
    In order to provide notice and an opportunity to comment before 
issuing an effective rule, the Coast Guard is providing a shorter than 
normal comment period. A 30-day comment period is sufficient to allow 
those who might be affected by this rulemaking to submit their comments 
because extensive advisories will be made to the affected maritime 
community and there will be local republication in the Local Notice to 
Mariners.

Background and Purpose

    Special Olympics International will sponsor the Special Olympics 
1999 Summer Sailing Regatta on the waters of St. Mary's River, St. 
Mary's City, Maryland from June 27 to July 2, 1999. The event will 
involve 50 small racing sailboats conducting highly publicized, 
competitive races. The sailboats will each be crewed by one trained 
sailor and one Special Olympian. A large fleet of spectator vessels is 
anticipated. Due to the need for vessel control during the races, 
general navigation will be temporarily restricted to provide for the 
safety of spectators, participants and other vessels transiting the 
event area.

Discussion of Proposed Rule

    The Coast Guard will establish temporary special local regulations 
on specified waters of the St. Mary's River. These special local 
regulations will be in effect 6 a.m. EDT (Eastern Daylight Time) to 5 
p.m. EDT, daily from June 27 to July 2, 1999. 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 proposal 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 proposal 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 only be in 
effect for a limited amount of time, extensive advisories 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 et seq.), the 
Coast Guard considers whether this proposed rule, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small Entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard expects the impact of this proposed rule to be 
minimal. The regulated area will only be in effect for a limited amount 
of time, extensive advisories 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.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b), that 
this proposed rule, if adopted, will not have a significant economic 
impact on a substantial number of small entities. If, however, you 
think that your business or organization qualifies as a small entity 
and that this proposed rule will have a significant economic impact on 
your business or organization, please submit a comment (see ADDRESSES) 
explaining why you think it qualifies and in what way and to what 
degree this proposal will economically affect it.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
wants to assist small entities in understanding this proposed rule so 
that they can better evaluate its effects on them and participate in 
the rulemaking process. If your small business or organization is 
affected by this rule and you have questions concerning its provisions 
or options for compliance, please contact S. L. Phillips, Project 
Manager, Operations Division, Auxiliary Section, at (757) 398-6204.

Unfunded Mandates

    Under section 201 of the Unfunded Mandates Reform Act (UMRA) (2 
U.S.C. 1531), the Coast Guard assessed the effects of this proposal on 
State, local and tribal governments, in the aggregate, and the private 
sector. The Coast Guard determined that this regulatory action requires 
no written statement under section 202 of the UMRA (2 U.S.C. 1531) 
because it will not result in the expenditure of $100,000,000 in any 
one year by State, local and tribal governments, in the aggregate, or 
the private sector.

Collection of Information

    This proposal does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under figure 2-2, paragraph (34)(h) of 
Commandant Instruction M16475.1C, this proposal is categorically 
excluded from further environmental documentation. Special local 
regulations issued in conjunction

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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

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 100 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 and 33 CFR 
100.35.

    2. A temporary section, 100.35-T05-020 is added to read as follows:


Sec. 100.35-T05-020  Special Olympics 1999 Summer Sailing Regatta, St. 
Mary's River, St. Mary's City, Maryland.

    (a) Definitions:
    (1) Regulated Area. The waters of St. Mary's River from shoreline 
to shoreline, bounded on the north by a line drawn along latitude 
38 deg.12'00.0'' N and bounded on the south by a line drawn along 
latitude 38 deg.09'00.0'' N. 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) All persons and vessels not authorized as participants or 
official patrol vessels are considered spectators. The ``official 
patrol'' consists of Coast Guard, public, state, 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 periods 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 6 a.m. 
EDT (Eastern Daylight Time) to 5 p.m. EDT, daily from June 27 to July 
2, 1999.

    Dated: April 6, 1999.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 99-10428 Filed 4-23-99; 8:45 am]
BILLING CODE 4910-15-M