[Federal Register Volume 67, Number 144 (Friday, July 26, 2002)]
[Rules and Regulations]
[Pages 48780-48782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18917]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-02-049]
RIN 2115-AE46


Special Local Regulations for Marine Events; Prospect Bay, Kent 
Island Narrows, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing temporary special local 
regulations during the ``Thunder on the Narrows'' boat races, a marine 
event 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.

[[Page 48781]]


DATES: This rule is effective from 9:30 a.m. (local time) on August 3, 
2002 to 6:30 p.m. (local time) on August 4, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD05-02-049 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: Ronald Houck, Marine Information 
Specialist, Commander, Coast Guard Activities Baltimore, at (410) 576-
2674.

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 event will begin on Saturday, August 3, 2002. 
There is not sufficient time to allow for an appropriate notice and 
comment period, prior to the event. Because of the danger inherent in 
high-speed boat races, special local regulations are necessary to 
provide for the safety of participants, 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 August 3 and August 4, 2002, 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 Rule

    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. local time on 
both August 3 and August 4, 2002. 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, Regulatory Planning and Review, 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 rule prevents traffic from transiting a portion of 
Prospect Bay during the event, the effect of this rule 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 rule prevents traffic from transiting or anchoring in 
a portion of Prospect Bay during the event, the effect of this rule 
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

[[Page 48782]]

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 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 create 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 Government 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--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46.


    2. From 9:30 a.m. (local time) on August 3, 2002 to 6:30 p.m. 
(local time) on August 4, 2002, add temporary section Sec. 100.35-T05-
049 to read as follows:


Sec. 100.35-T05-049  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.
    (b) Regulated area. Includes all waters of Prospect Bay enclosed by 
a line connecting the following points: starting at

------------------------------------------------------------------------
             Latitude                             Longitude
------------------------------------------------------------------------
38 deg.57'52.0" N,                  076 deg.14'48.0" W, thence to
38 deg.58'02.0" N,                  076 deg.15'05.0" W, thence to
38 deg.57'38.0" N,                  076 deg.15'29.0" W, thence to
38 deg.57'28.0" N,                  076 deg.15'23.0" W, thence to
38 deg.57'52.0" N,                  076 deg.14'48.0" W.
------------------------------------------------------------------------


All coordinates reference Datum NAD 1983.
    (c) 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.
    (ii) Proceed as directed by any official patrol.
    (d) Enforcement period. This section will be enforced from 9:30 
a.m. to 6:30 p.m. local time on August 3 and August 4, 2002.

    Dated: July 16, 2002.
James D. Hull,
Vice Admiral, Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 02-18917 Filed 7-25-02; 8:45 am]
BILLING CODE 4910-15-P