[Federal Register Volume 65, Number 169 (Wednesday, August 30, 2000)]
[Rules and Regulations]
[Pages 52645-52646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22207]



[[Page 52645]]

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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, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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: This rule is effective from 10 a.m. on September 23, 2000 until 
7 p.m. on September 24, 2000.

ADDRESSES: 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:

Regulatory Information

    On July 21, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; Sharptown 
Outboard Regatta, Nanticoke River, Sharptown, Maryland, in the Federal 
Register (65 FR 45326). We received no letters commenting on the 
proposed rule. No public hearing was requested and none was held.

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

    The Coast Guard is establishing 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 enforced 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 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 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 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 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 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 offered to assist small 
entities in understanding this 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 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 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

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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 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 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.
    (d) Enforcement Times. This section will be enforced from 10 a.m. 
to 7 p.m. on September 23 and 24, 2000.

    Dated: August 22, 2000.
T.C. Paar,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 00-22207 Filed 8-29-00; 8:45 am]
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