[Federal Register Volume 65, Number 157 (Monday, August 14, 2000)]
[Rules and Regulations]
[Pages 49493-49495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20592]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-00-032]
RIN 2115-AE46


Special Local Regulations for Marine Events; Chesapeake 
Challenge, Patapsco River, Baltimore, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is adopting temporary special local 
regulations

[[Page 49494]]

during the ``Chesapeake Challenge'' powerboat race to be held on the 
waters of the Patapsco River near Baltimore, 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 Patapsco River during the event.

DATES: This rule is effective from 1 p.m. on August 26, 2000 to 4 p.m. 
on August 27, 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 
CGD05-00-032 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 (CGD05-00-032), 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 was 
notified of the need for special local regulations 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 events. 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 high speed powerboat 
races.

Background and Purpose

    On August 26 and August 27, 2000, the Chesapeake Bay Power Boat 
Association will sponsor the ``Chesapeake Challenge'' powerboat race, 
on the waters of the Patapsco River, Baltimore, Maryland. The event 
will consist of 65 to 80 offshore powerboats racing in heats 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 the Patapsco River. The temporary special local 
regulations will be in effect from 1 p.m. on August 26, 2000 to 4 p.m. 
on August 27, 2000. The effect will be to restrict general navigation 
in the regulated areas during the event. Except for participants in the 
``Chesapeake Challenge'' powerboat race and vessels authorized by the 
Coast Guard Patrol Commander, no person or vessel may enter or remain 
in the regulated area. This rule also establishes three spectator 
viewing areas for the exclusive use of spectator vessels. 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 Patapsco River during the event, the effect of this regulation 
will not be significant due to the limited duration of the regulation 
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 Patapsco River during the 
event.
    Although this regulation prevents traffic from transiting or 
anchoring in a portion of the Patapsco River during the event, the 
effect of this regulation will not be significant because of its 
limited duration 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.

[[Page 49495]]

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-T05-032 is added to read as 
follows:


Sec. 100.35-T05-032  Special Local Regulations for Marine Events; 
Chesapeake Challenge, Patapsco River, Baltimore, Maryland.

    (a) Definitions. (1) Regulated Area. The waters of the Patapsco 
River bounded by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
39 deg.15'27.5" N.........................  076 deg.33'10.0" W, to
39 deg.13'23.0" N.........................  076 deg.31'14.0" W, to
39 deg.12'06.0" N.........................  076 deg.29'43.5" W, to
39 deg.12'00.0" N.........................  076 deg.29'08.0" W, to
39 deg.11'24.0" N.........................  076 deg.29'27.5" W, to
39 deg.11'48.0" N.........................  076 deg.30'58.0" W, to
39 deg.14'53.5" N.........................  076 deg.34'15.0" W, to
39 deg.15'24.0" N.........................  076 deg.33'53.0" W, to
39 deg.15'27.5" N.........................  076 deg.33'10.0" W.
------------------------------------------------------------------------

    (2) Curtis Bay South Spectator Area. The waters south of Curtis Bay 
Channel bounded by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
39 deg.13'16.0" N.........................  076 deg.32'31.5" W, to
39 deg.13'00.0" N.........................  076 deg.32'16.0" W, to
39 deg.12'49.5" N.........................  076 deg.32'31.5" W, to
39 deg.13'06.0" N.........................  076 deg.32'48.5" W, to
39 deg.13'16.0" N.........................  076 deg.32'31.5" W.
------------------------------------------------------------------------

    (3) Curtis Bay North Spectator Area. The waters north of Curtis Bay 
Channel bounded by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
39 deg.14'00.0" N.........................  076 deg.33'18.5" W, to
39 deg.13'33.0" N.........................  076 deg.32'50.0" W, to
39 deg.13'20.5" N.........................  076 deg.33'13.5" W, to
39 deg.13'37.0" N.........................  076 deg.33'40.0" W, to
39 deg.14'00.0" N.........................  076 deg.33'18.5" W.
------------------------------------------------------------------------

    (4) Hawkins Point Spectator Area. The waters south of Hawkins Point 
bounded by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
39 deg.12'26.5" N.........................  076 deg.31'39.0" W, to
39 deg.11'48.0" N.........................  076 deg.30'58.0" W, to
39 deg.11'40.0" N.........................  076 deg.30'33.0" W, to
39 deg.11'16.5" N.........................  076 deg.30'46.5" W, to
39 deg.12'19.5" N.........................  076 deg.31'50.5" W, to
39 deg.12'26.5" N.........................  076 deg.31'39.0" W.
------------------------------------------------------------------------


All coordinates reference Datum NAD 1983.
    (5) 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.
    (6) 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.
    (7) Participating vessels. Participating vessels include all 
vessels participating in the Chesapeake Challenge powerboat race under 
the auspices of the Marine Event Application submitted by the 
Chesapeake Bay Power Boat Association, and approved by the Commander, 
Fifth Coast Guard District.
    (8) Spectator vessels. Includes any vessel, commercial or 
recreational, being used for pleasure or carrying passengers, that is 
on the Patapsco River to observe the Chesapeake Challenge powerboat 
race.
    (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.
    (iii) While in the regulated area, proceed at minimum wake speed 
not to exceed six (6) knots, unless otherwise directed by the official 
patrol.
    (3) Spectator vessels may enter and anchor in the spectator areas 
described in paragraphs (a)(2), (a)(3) and (a)(4) of this section 
without the permission of the Patrol Commander. They shall use caution 
not to enter the regulated area. These spectator areas are for the 
exclusive use of spectator vessels.
    (c) Effective dates. This section is effective from 1 p.m. on 
August 26, 2000 to 4 p.m. on August 27, 2000.
    (d) Enforcement times. This section will be enforced from 1 p.m. to 
4 p.m. on August 26 and August 27, 2000.

    Dated: August 2, 2000.
J.E. Shkor,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 00-20592 Filed 8-11-00; 8:45 am]
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