[Federal Register Volume 66, Number 163 (Wednesday, August 22, 2001)]
[Rules and Regulations]
[Pages 44050-44052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21183]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-01-047]
RIN 2115-AE46


Special Local Regulations for Marine Events; Bush River, 
Abingdon, 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 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. eastern time on September 
1, 2001 until 6:30 p.m. eastern time on September 3, 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

[[Page 44051]]

docket CGD05-01-047 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, telephone 
number (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 high-speed power boat races will take place on 
September 1 and 2, 2001. The special local regulations are necessary to 
provide for the safety of event participants, support vessels, 
spectator craft and other vessels transiting the event area. For the 
safety concerns noted, it is in the public interest to have these 
regulations in effect during the event. In addition, advance 
notifications will be made via the Local Notice to Mariners, marine 
information broadcasts, and area newspapers.

Background and Purpose

    On September 1 and 2, 2001, 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 racecourse. 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 enforced from 11:30 a.m. to 6:30 p.m. eastern 
time on September 1 and 2, 2001, and will restrict general navigation 
in the regulated area during the event. If the event is postponed due 
to inclement weather, then the temporary special local regulations will 
be enforced from 11:30 a.m. to 6:30 p.m. eastern time on September 3, 
2001. Except for participants and vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area. 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).
    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. 601-612), 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 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-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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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 aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such

[[Page 44052]]

expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This rule will not affect 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 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--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. 100.35-T05-047, to read as 
follows:


Sec. 100.35-T05-047  Bush River, Abingdon, 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 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.
    (4) Regulated Area. Includes 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.15'30" W, thence 
southeasterly along the shoreline to the western end of the Amtrak 
railroad drawbridge. 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 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. 
eastern time on September 1, 2001 until 6:30 p.m. eastern time on 
September 3, 2001.
    (d) Enforcement times. This section will be enforced from 11:30 
a.m. to 6:30 p.m. eastern time on September 1 and 2, 2001. If the event 
is postponed due to rain, this section will be enforced from 11:30 a.m. 
until 6:30 p.m. eastern time on September 3, 2001.

    Dated: August 8, 2001.
Thad W. Allen,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 01-21183 Filed 8-21-01; 8:45 am]
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