[Federal Register Volume 65, Number 154 (Wednesday, August 9, 2000)]
[Rules and Regulations]
[Pages 48613-48614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20170]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-00-028]
RIN 2115-AE46


Special Local Regulations for Marine Events; Harford County Power 
Boat Regatta, Bush River, Abingdon, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is adopting temporary special local 
regulations during the Harford County Power Boat Regatta to be held on 
the waters of the Bush River near Abingdon, 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 the Bush River during the event.

DATES: This rule is effective from 11:30 a.m. on August 12, 2000 until 
6:30 p.m. on August 13, 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 docket 
CGD05-00-028 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, 
telephone number (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 (CGD05-00-028), 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 14, 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 on 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 12 and August 13, 2000, the Harford County Power Boat 
Club will sponsor the Harford County Power Boat Regatta on the waters 
of the Bush River, near Abingdon, Maryland. The event will consist of 
60 hydroplanes and runabouts racing in heats counter-clockwise around 
an oval race course. A 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 the Bush River. The temporary special local 
regulations will be in effect from 11:30 a.m. to 6:30 p.m. on August 12 
and August 13, 2000, and will restrict general navigation in the 
regulated area during the event. Except for participants and vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area without first obtaining 
permission from the official patrol. Non-participating vessels will be 
allowed to transit the event area at minimum wake speed, at the Patrol 
Commander's discretion. 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 the Bush River during the event, the effect of this regulation will 
not be significant due to the limited duration of the regulation, the 
fact that the Coast Guard Patrol Commander will allow non-participating 
vessels to transit at minimum wake speed whenever it is safe to do so, 
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 the Bush River during the event.
    Although this regulation prevents traffic from transiting or 
anchoring in a portion of the Bush River during the event, the effect 
of this regulation will not be significant because of its limited 
duration, the fact that the Coast Guard Patrol Commander will allow 
non-

[[Page 48614]]

participating vessels to transit at minimum wake speed whenever it is 
safe to do so, 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 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-T05-028 is added to read as 
follows:


Sec. 100.35-T05-028  Special Local Regulations for Marine Events; 
Harford County Power Boat Regatta, Bush River, Abingdon, Maryland.

    (a) Definitions.
    (1) Regulated Area. The waters of the Bush River bounded on the 
south by the Amtrak railroad drawbridge, thence northerly from the 
eastern end of the drawbridge along the shoreline to Church Point at 
latitude 39 deg.27'48" N, longitude 76 deg.13'42" W, thence westerly to 
Bush Point at latitude 39 deg.27'42" N, longitude 76 deg.14'30" W, 
thence southwesterly along the shoreline to Otter Point at latitude 
39 deg.26'48" N, longitude 76 deg.15'42" W, thence southerly to Flying 
Point at latitude 39 deg.26'30" N, longitude 76 deg.15'30Prime; W, 
thence southeasterly along the shoreline to the western end of the 
Amtrak railroad drawbridge. 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 Harford 
County Power Boat Regatta 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 the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol.
    (ii) Proceed as directed by any official patrol.
    (iii) Unless otherwise directed by the official patrol, operate at 
a minimum wake speed not to exceed six (6) knots.
    (c) Effective Dates: This section is in effect from 11:30 a.m. on 
August 12, 2000 until 6:30 p.m. on August 13, 2000. This section will 
be enforced from 11:30 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. 00-20170 Filed 8-8-00; 8:45 am]
BILLING CODE 4910-15-U