[Federal Register Volume 64, Number 114 (Tuesday, June 15, 1999)]
[Rules and Regulations]
[Pages 31977-31978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15048]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-99-037]
RIN 2115-AE46


Special Local Regulations for Marine Events; Sharptown Outboard 
Regatta, Nanticoke River, Sharptown, Maryland

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Temporary special local regulations are being adopted for the 
Sharptown Outboard Regatta, to be held on the waters of the Naticoke 
River between Maryland S.R. 313 bridge at Sharptown, Maryland and 
Nanticoke River Light 43 (LLN-24175). 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 12 p.m. EDT (Eastern 
Daylight Time) to 6 p.m. EDT on June 26 and 27, 1999.

ADDRESSES: Documents as 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 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

    A notice of proposed rulemaking (NRPM) 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 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

    The North-South Racing Association will sponsor the Sharptown 
Outboard Regatta on June 26 and 27, 1999. The event will consist of 150 
hydroplane and runabout outboard powerboats conducting a high speed 
competitive race on the waters of the Nanticoke River between Maryland 
S.R. 313 bridge at Sharptown, Maryland and Nanticoke River Light 43 
(LLN-24175). 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 Nanticoke River. The temporary special local 
regulations will be in effect from 12 p.m. EDT to 6 p.m. EDT on June 26 
and 27, 1999 and will restrict general navigation in the regulated area 
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 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 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 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

[[Page 31978]]

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-T05-037 is added to read as 
follows:


Sec. 100.35-T05-037  Sharptown Outboard Regatta, Nanticoke River, 
Sharptown, Maryland

    (a) Definitions. (1) Regulated area. All waters of the Nanticoke 
River, Sharptown, Maryland, between Maryland S.R. 313 bridge and 
Nanticoke River Light 43 (LLN-14175), bounded by a line drawn 
southeasterly from latitude 38 deg. 32' 47'' N, longitude 075 deg. 43' 
15'' W, to latitude 38 deg. 32' 42'' N, longitude 075 deg. 43' 09'' W, 
thence northeasterly to latitude 38 deg. 33' 07'' N, longitude 075 deg. 
42' 27'' W, thence northwesterly to latitude 38 deg. 33' 10'' N, 
longitude 075 deg. 42' 46'' W, thence southwesterly to latitude 38 deg. 
32' 47'' N, longitude 075 deg. 43' 15'' W. 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/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 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. The regulated area is effective from 12 p.m. 
EDT (Eastern Daylight Time) to 6 p.m. EDT on June 26 and 27, 1999.
Thomas E. Bernard,
Captain, U.S. Coast Guard Acting Commander, Fifth Coast Guard District.
[FR Doc. 99-15048 Filed 6-14-99; 8:45 am]
BILLING CODE 4910-15-M