[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Rules and Regulations]
[Pages 46272-46273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22058]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-99-070]
RIN 2115-AE46


Special Local Regulations for Marine Events; Mears Point Marina 
and Red Eyes Dock Bar Fireworks Display, Chester River, Kent Narrows, 
Maryland

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Temporary special local regulations are being adopted for the 
Mears Point Marina and Red Eyes Dock Bar Fireworks Display, to be held 
September 5, 1999, over the waters of the Chester River, Kent Narrows, 
Maryland. 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 8:30 p.m. to 9:30 
p.m. EDT (Eastern Daylight Time) on September 5, 1999 and September 6, 
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 (NPRM) was not published for this 
regulation. In keeping with 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. The Coast Guard 
received confirmation of this request for special local regulations on 
July 16, 1999. There was not sufficient time to publish a proposed rule 
in advance of the event. Publishing a NPRM and delaying the effective 
date of the regulation would be contrary to the public interest, 
because immediate action is necessary to protect spectators and other 
vessel traffic from the potential hazards associated with this event.

Background and Purpose

    The Mears Point Marina and Red Eyes Dock Bar will sponsor a Labor 
Day Celebration fireworks display, to be held over the waters of the 
Chester River, Kent Narrows, Maryland. The event will consist of 
pyrotechnic displays fired

[[Page 46273]]

from a barge positioned north of Kent Narrows, Maryland. A large fleet 
of spectator vessels is anticipated. Due to the need for vessel control 
during the fireworks display, 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 Chester River. The temporary special local 
regulations will be in effect from 8:30 p.m. to 9:30 p.m. EDT on 
September 5, 1999 and will restrict general navigation in the regulated 
area during the event. If the event is postponed due to weather 
conditions, the temporary special local regulations will be effective 
from 8:30 p.m. to 9:30 p.m. on September 6, 1999. 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 fireworks display 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 considered 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 final 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 final 
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.

Collection of Information

    This temporary final 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 final 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.

Regulation

    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-T05-070 is added to read as 
follows:


Sec. 100.35-T05-070  Mears Point Marina and Red Eyes Dock Bar Fireworks 
Display, Chester River, Kent Narrows, Maryland.

    (a) Definitions--(1) Regulated Area. The waters of the Chester 
River enclosed within the arc of a circle with a radius of 150 yards 
and with its center located at latitude 38 deg.58.6' North, longitude 
076 deg.14.3' 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 Activities Baltimore.
    (b) Special Local Regulations. (1) All persons and/or vessels not 
authorized as 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 8:30 p.m. to 
9:30 p.m. EDT (Eastern Daylight Time) on September 5, 1999. If the 
event is postponed due to weather conditions, the regulated area is 
effective from 8:30 p.m. to 9:30 p.m. EDT on September 6, 1999.

    Dated: August 13, 1999.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard, Commander Fifth Coast Guard District.
[FR Doc. 99-22058 Filed 8-24-99; 8:45 am]
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