[Federal Register Volume 65, Number 141 (Friday, July 21, 2000)]
[Proposed Rules]
[Pages 45326-45328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18559]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-00-031]
RIN 2115-AE46


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

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 Sharptown Outboard Regatta, to be held on the 
waters of the Nanticoke River between Maryland S.R. 313 bridge at 
Sharptown, Maryland and Nanticoke River Light 43 (LLN-24175). These 
special local regulations are necessary to provide for the safety of 
life on navigable waters during the event. This action is intended to 
restrict vessel traffic in portions of the Nanticoke River during the 
event.

DATES: Comments and related material must reach the Coast Guard on or 
before August 21, 2000.

ADDRESSES: You may mail comments and related material to Commander 
(Aoax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, or deliver them to the same address between 9 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays. Comments 
and materials received from the public as well as documents indicated 
in this preamble as being available in the docket, are part of this 
docket and are available for inspection or copying at Commander (Aoax), 
Fifth Coast Guard District, 431 Crawford Street, Portsmouth, Virginia 
23704-5004, between 9 a.m. and 2 p.m., Monday through Friday, except 
Federal holidays.

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:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-00-
031), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. The comment period for this 
regulation is 30 (thirty) days. This time period is adequate since the 
event is well publicized in the local maritime community. If you would 
like to know that your comments reached us, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.

Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commander (Aoax), Fifth Coast Guard 
District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Background and Purpose

    The North-South Racing Association will sponsor the Sharptown 
Outboard Regatta on September 23 and September 24, 2000. The event will 
consist of 60 hydroplanes and runabouts 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 
participants, spectators and transiting vessels.

Discussion of Proposed Rule

    The Coast Guard will establish temporary special local regulations 
on specified waters of the Nanticoke River. The regulated area will 
include waters of the Nanticoke River between Maryland S.R. 313 bridge 
at Sharptown, Maryland and Nanticoke River Light 43 (LLN-24175). The 
temporary special local regulations will be effective from 10 a. m. to 
7 p.m. on September 23 and September 24, 2000, and will restrict 
general navigation in the regulated area during the event. Except for 
participants in the Sharptown Outboard Regatta and persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under

[[Page 45327]]

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. The Office of Management and Budget has not reviewed it 
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).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    Although this proposed regulation will prevent traffic from 
transiting a portion of the Nanticoke River during the event, the 
effect of this regulation will not be significant due to the limited 
duration that the regulated area will be in effect and the extensive 
advance notifications that will be made to the maritime community via 
the Local Notice to Mariners, marine information broadcasts, and area 
newspapers, so mariners can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises 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 certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    Although this proposed regulation will prevent traffic from 
transiting a portion of the Nanticoke River during the event, the 
effect of this regulation will not be significant because of the 
limited duration that the regulated area will be in effect and the 
extensive advance notifications that will be made to the maritime 
community via the Local Notice to Mariners, marine information 
broadcasts, and area newspapers, so mariners can adjust their plans 
accordingly.
    If you think that your business, organization or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this proposed rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Commander (Aoax), Fifth Coast 
Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this rule does not have implications for 
federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule will not impose an unfunded mandate.

Taking of Private Property

    This proposed rule will not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We prepared an ``Environmental Assessment'' in accordance with 
Commandant Instruction M16475.1C, and determined that this rule will 
not significantly affect the quality of the human environment. The 
``Environmental Assessment'' and ``Finding of No Significant Impact'' 
is available in the docket where indicated under ADDRESSES.

List of Subjects

    Marine Safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed 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. Add temporary Sec. 100.35-T05-031 to read as follows:


Sec. 100.35-T05-031  Special Local Regulations for Marine Events; 
Sharptown Outboard Regatta, Nanticoke River, Sharptown, Maryland

    (a) Definitions--(1) Regulated Area. All waters of the Nanticoke 
River, near Sharptown, Maryland, between Maryland S.R. 313 bridge and 
Nanticoke River Light 43 (LLN-24175), bounded by a line drawn between 
the following points: southeasterly from latitude 38 deg.32'47" N, 
longitude 075 deg.43'15" W, to latitude 38 deg.32'42" N, longitude 
75 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 75 deg.42'46" W, thence southwesterly to 
latitude 38 deg.32'47" N, longitude 75 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.
    (3) Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Activities Baltimore with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (4) Participating Vessels. Participating vessels include all 
vessels participating in the Sharptown Outboard Regatta under the 
auspices of the Maine Event

[[Page 45328]]

Application submitted by the North-South Racing Association Inc., and 
approved by the Commander, Fifth Coast Guard District.
    (b) Special Local Regulations--(1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in this area shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol.
    (ii) Proceed as directed by any official patrol.
    (c) Effective Dates. The regulated area is effective from 10 a.m. 
on September 23, 2000, until 7 p.m. September 24, 2000.

    Dated: July 14, 2000.
T. C. Paar,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 00-18559 Filed 7-20-00; 8:45 am]
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