[Federal Register Volume 65, Number 149 (Wednesday, August 2, 2000)]
[Rules and Regulations]
[Pages 47316-47318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19509]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-00-027]
RIN 2115-AE46


Special Local Regulations for Marine Events; Thunder on the 
Narrows Hydroplane Races, Prospect Bay, Kent Island Narrows, Maryland

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is adopting temporary special local 
regulations during the ``Thunder on the Narrows'' hydroplane races to 
be held on the waters of Prospect Bay near Kent Island Narrows, 
Maryland. 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 Prospect Bay during 
the event.

DATES: This rule is effective from 10:30 a.m., August 5, 2000 until 
6:30 p.m., August 6, 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

[[Page 47317]]

documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-00-027 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, phone 
(410) 576-2674.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Although this rule is being published as a temporary final rule 
without prior notice, an opportunity for public comment is nevertheless 
desirable to ensure the rule is both reasonable and workable. 
Accordingly, we encourage you to submit comments and related material. 
If you do so, please include your name and address, identify the docket 
number (CGD05-00-027), 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 materials in an unbound format, 
no larger than 8.5 by 11 inches, suitable for copying. If you would 
like to know they reached us, please enclose a stamped, self-addressed 
postcard or envelope.

Regulatory Information

    A notice of proposed rulemaking (NPRM) was not published for this 
regulation. In keeping with 5 U.S.C. 553(b)(B), the Coast Guard finds 
that good cause exists for not publishing a NPRM. The Coast Guard 
received confirmation of the request for special local regulations on 
June 16, 2000. We were notified of the event with insufficient time to 
publish a NPRM, allow for comments, and publish a final rule prior to 
the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. We had insufficient time to 
prepare and publish this rule in the Federal Register 30 days in 
advance of the event. To delay the effective date of the rule would be 
contrary to the public interest since a timely rule is necessary to 
protect mariners from the hazards associated with the event.

Background and Purpose

    On August 5 and August 6, 2000, the Kent Narrows Racing Association 
will sponsor the ``Thunder on the Narrows'' hydroplane races, on the 
waters of Prospect Bay, Kent Island Narrows, Maryland. The event will 
consist of 75 hydroplanes racing in heats counter-clockwise around an 
oval race course. A large fleet of spectator vessels is anticipated. 
Due to the need for vessel control during the races, vessel traffic 
will be temporarily restricted to provide for the safety of spectators, 
participants and transiting vessels.

Discussion of Regulations

    The Coast Guard is establishing temporary special local regulations 
on specified waters of Prospect Bay. The temporary special local 
regulations will be enforced from 10:30 a.m. to 6:30 p.m. on August 5 
and August 6, 2000. The effect will be to restrict general navigation 
in the regulated areas during the event. Except for participants in the 
``Thunder on the Narrows'' hydroplane races and vessels authorized by 
the Coast Guard Patrol Commander, no person or vessel may enter or 
remain in the regulated area. The Patrol Commander will allow non-
participating vessels to transit the event area between races. These 
regulations are needed to control vessel traffic during the event to 
enhance the safety of participants, spectators and transiting vessels.

Regulatory Evaluation

    This 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. 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 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.
    Although this regulation prevents traffic from transiting a portion 
of Prospect Bay during the event, the effect of this regulation will 
not be significant due to the limited duration of the regulation, the 
fact that the Patrol Commander will allow non-participating vessels to 
transit the event area between races, 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 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.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in the effected portions of Prospect Bay during the event.
    Although this regulation prevents traffic from transiting or 
anchoring in a portion of Prospect Bay during the event, the effect of 
this regulation will not be significant because of its limited 
duration, the fact that the Patrol Commander will allow non-
participating vessels to transit the event area between races, 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.

Collection of Information

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

Federalism

    We have analyzed this 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 rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive

[[Page 47318]]

Order 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights.

Civil Justice Reform

    This 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 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 in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
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; 33 CFR 
100.35.

    2. A temporary section, Sec. 100.35-T05-027 is added to read as 
follows:


Sec. 100.35-T05-027  Special Local Regulations for Marine Events; 
Thunder on the Narrows Hydroplane Races, Prospect Bay, Kent Island 
Narrows, Maryland.

    (a) Definitions.
    (1) Regulated area. (i) The waters of Prospect Bay enclosed by the 
following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
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38 deg.57'52.0" N.........................  076 deg.14'48.0" W, to
38 deg.58'02.0" N.........................  076 deg.15'05.0" W, to
38 deg.57'38.0" N.........................  076 deg.15'29.0" W, to
38 deg.57'28.0" N.........................  076 deg.15'23.0" W, to
38 deg.57'52.0" N.........................  076 deg.14'48.0" W.
------------------------------------------------------------------------

    (ii) 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) Participant. Includes all vessels participating in the Thunder 
on the Narrows Hydroplane Races under the auspices of the Marine Event 
Permit, issued to the Event Sponsor and approved by Commander, Coast 
Guard Activities Baltimore.
    (b) Special Local Regulations
    (1) Except for event participants and 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 these areas 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. This section is effective from 10:30 a.m., on 
August 5, 2000, until 6:30 p.m., August 6, 2000. This section will be 
enforced from 10:30 a.m. to 6:30 p.m., each day.

    Dated: July 20, 2000.
J.E. Shkor,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 00-19509 Filed 7-28-00; 2:23 pm]
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