[Federal Register Volume 64, Number 109 (Tuesday, June 8, 1999)]
[Rules and Regulations]
[Pages 30388-30389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14516]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-99-038]
RIN 2115-AE46


Speical Local Regulations for Marine Events; Hampton Offshore 
Challenge, Chesapeake Bay, Hampton, Virginia

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Temporary special local regulations are being adopted for the 
Hampton Offshore Challenge, to be held on the waters of the Chesapeake 
Bay near Buckroe Beach, Hampton, Virginia. These regulations are needed 
to protect spectator craft and other vessels transiting the event area 
from the dangers associated with the event. This action is intended to 
enhance the safety of life and property during the event.

DATES: This temporary final rule is effective from 11:30 a.m. EDT 
(Eastern Daylight Time) to 4 p.m. EDT on June 11, 12 and 13, 1999.

ADDRESSES: Documents are indicated in this preamble are available for 
inspection or copying at Commander (Aoax), Fifth Coast Guard District, 
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9:30 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (757) 398-6204.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer D. Merrill, 
Marine Events Coordinator, Commander, Coast Guard Group Hampton Roads, 
4000 Coast Guard Blvd., Portsmouth, Virginia 23703, (757) 483-8568.

SUPPLEMENTARY INFORMATION:

Regulatory History

    A notice of proposed rulemaking (NPRM) was not published for this 
regulation. In keeping with requirements of 5 U.S.C. 553(B), the Coast 
Guard finds that good cause exists for not publishing a NPRM. In 
keeping with the requirements of 5 U.S.C. 553(d)(3), the Coast Guard 
also finds that good cause exists for making this regulation effective 
less than 30 days after publication in the Federal Register. Following 
normal rulemaking procedures would have been impractical because there 
is not sufficient time 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

    U.S. Offshore Racing Association will sponsor the Hampton Offshore 
Challenge on June 11 and 12, 1999. The event will consist of 60 
offshore powerboats conducting a high speed competitive race on the 
waters of the Chesapeake Bay near Buckroe Beach, Hampton, Virginia. A 
fleet of spectator vessels is anticipated for the event. Due to the 
need for vessel control during the races, vessel traffic will be 
temporarily restricted to provide for the safety of spectators and 
transiting vessels.

Discussion of Regulations

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Chesapeake Bay. The temporary special local 
regulations will be in effect from 11:30 a.m. EDT to 4 p.m., EDT on 
June 11 and 12, 1999 and will restrict general navigation in the 
regulated area during the event. In the event of inclement weather, the 
regulations will be in effect the next day. 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 event to enhance the safety 
of spectators and transiting vessels.

Regulatory Evaluation

    This temporary final 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 of the Office of 
Management and Budget under that Order. It is not significant under the

[[Page 30389]]

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 temporary final 
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 only 
be in effect for a short period of time and extensive advisories will 
be made to the affected maritime community so that they may adjust 
their schedules accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this temporary final rule 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.
    Because this temporary rule will only be in effect for a short 
period of time and extensive advisories will be made to the affected 
maritime community so that they may adjust their schedules accordingly, 
the Coast Guard expects the impact of this temporary rule to be 
minimal.
    Therefore, the Coast Guard certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary 
final rule 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 temporary final 
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 
temporary rule 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 temporary final 
rule so that they can better evaluate its effects on them and 
participate in the rulemaking process. If you believe your small 
business or organization is affected by this rule and you have 
questions concerning its provisions or options for compliance, please 
submit a comment (see ADDRESSES) explaining your concerns.

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 temporary 
final rule 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 temporary rule 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 temporary 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 
temporary final rule and concluded that, under figure 2-1, paragraph 
(34)(h) of Commandant Instruction M16475.1C, this rule is categorically 
excluded from further environmental documentation. Special local 
regulations issued in conjunction with a marine event 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 and 33 CFR 
100.35.

    2. A temporary section, Sec. 100.35-T05-038 is added to read as 
follows:


Sec. 100.35-T05-038  Hampton Offshore Challenge, Chesapeake Bay, 
Hampton, Virginia

    (a) Definitions: (1) Regulated area. The waters of the Chesapeake 
Bay adjacent to Buckroe Beach commencing at a point on the shoreline at 
latitude 37 deg.03'40'' North, longitude 76 deg.16'55'' West, thence 
east southeast to latitude 37 deg.03'13'' North, longitude 
76 deg.15'40'' West, thence south southwest parallel to the shoreline 
to longitude 37 deg.00'04'' North, longitude 76 deg.17'20'' West, 
thence west northwest to the shoreline at latitude 37 deg.00'15'' 
North, longitude 76 deg.18'13'' 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) All persons and/or vessels not 
authorized as participants or official patrol vessels are considered 
spectators. The ``official patrol'' consists of any Coast Guard, 
public, state, county or local law enforcement vessels assigned and/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.
    (c) Effective dates. This section is effective from 11:30 a.m. EDT. 
(Eastern Daylight Time) to 4 p.m. EDT on June 11 and 12, 1999. In the 
event of inclement weather, this section will be effective on June 13, 
1999 at the same time and place.
Thomas E. Bernard,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 99-14516 Filed 6-7-99; 8:45 am]
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