[Federal Register Volume 66, Number 152 (Tuesday, August 7, 2001)]
[Rules and Regulations]
[Pages 41142-41144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19733]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-01-038]
RIN 2115-AE46


Special Local Regulations for Marine Events; 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 9:30 a.m. eastern time on August 4, 
2001 to

[[Page 41143]]

6:30 p.m. eastern time on August 5, 2001.

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 docket CGD05-01-038 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: Lieutenant Dulani Woods, Marine Events 
Coordinator, Commander, Coast Guard Activities Baltimore, phone (410) 
576-2513.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. In keeping with 5 U.S.C. 553(b)(B) and 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing a NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. The Coast Guard received the request for special 
local regulations on June 26, 2001. We were 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 on 
August 4, 2001. This event involves high speed racing boats and a large 
spectator fleet is expected. Because of safety concerns for the 
participants and spectators, it is in the public interest to have these 
regulations in effect on August 4 and 5, 2001.

Background and Purpose

    On August 4 and August 5, 2001, the Kent Narrows Racing Association 
will sponsor the ``Thunder on the Narrows'' powerboat races, on the 
waters of Prospect Bay, Kent Island Narrows, Maryland. The event will 
consist of 75 Hydroplanes and Jersey Speed Skiffs racing in heats 
counter-clockwise around an oval racecourse. 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 9:30 a.m. to 6:30 p.m. eastern time 
on August 4 and August 5, 2001. The effect will be to restrict general 
navigation in the regulated areas during the event. Except for 
participants in the ``Thunder on the Narrows'' powerboat 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).
    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. 601-612), 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this temporary 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 the address listed under 
ADDRESSES.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State law or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the

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aggregate, or by the private sector of $100,000,000 or more in any one 
year. Though this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial and direct effect on one or more 
Indian tribes, on the relationship between the Federal Governments and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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 amends 
33 CFR part 100 as follows:

PART 100--MARINE EVENTS

    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. Add a temporary section, Sec. 100.35T-05-038 to read as follows:


Sec. 100.35T-05-038  Prospect Bay, Kent Island Narrows, Maryland.

    (a) Definitions:
    (1) 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.
    (2) 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.
    (3) 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.
    (4) Regulated Area. Includes all waters of Prospect Bay enclosed by 
the following points:

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              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.
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    All coordinates reference Datum NAD 1983.
    (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; and
    (ii) Proceed as directed by any official patrol.
    (c) Effective Dates: This section is effective from 9:30 a.m. 
eastern time on August 4, 2001 to 6:30 p.m. eastern time on August 5, 
2001.
    (d) Enforcement Times. This section will be enforced from 9:30 a.m. 
to 6:30 p.m. eastern time on August 4 and August 5, 2001.

    Dated: July 26, 2001.
T. C. Paar,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 01-19733 Filed 8-6-01; 8:45 am]
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