Regattas and marine parades: Crawford Bay Crew Classic,

[Federal Register: March 23, 1999 (Volume 64, Number 55)]

[Rules and Regulations]

[Page 13913-13914]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr23mr99-11]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-99-010]

RIN 2115-AE46

Special Local Regulations for Marine Events; Western Branch, Elizabeth River, Portsmouth, Virginia

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is adopting temporary special local regulations for the Crawford Bay Crew Classic to be held on the waters of the Western Branch, Elizabeth River, Portsmouth, Virginia. These regulations are needed to control vessel traffic in the immediate vicinity of this event. The effect will be to restrict general navigation in the regulated area for the safety of event participants, spectator craft, and other vessels transiting the event area. This action is intended to enhance the safety of life and property during the event.

EFFECTIVE DATES: This temporary final rule is effective from 11 a.m. to 6 p.m. on March 26, 1999, and from 6:30 a.m. to 6 p.m. on March 27, 1999.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Allen Walther, Marine Events Coordinator, Commander, Coast Guard Group Hampton Roads, 4000 Coast Guard Boulevard, Portsmouth, Virginia, 23703, telephone number (757) 483-8521.

SUPPLEMENTARY INFORMATION:

Regulatory History

In accordance with 5 U.S.C. 553, a notice of proposed rulemaking was not published for this regulation and good cause exists for making it effective in less than 30 days from the date of publication. Publishing a notice of proposed rulemaking and delaying the effective date would be contrary to the public interest because immediate action is needed to protect event participants, spectator craft, and transient vessel traffic.

Background and Purpose

Port Events, Inc., will hold the ``Crawford Bay Crew Classic'' on the waters of the Western Branch, Elizabeth River. The event will consist of intercollegiate crew competition along a 2000-meter course. A large fleet of spectator vessels is anticipated. Because of the need for vessel control during the crew competition, vessel traffic will be temporarily restricted to provide for the safety of participants, spectators, and transiting vessels.

[[Page 13914]]

Discussion of Regulations

The Coast Guard is establishing temporary special local regulations on specified waters of the Western Branch, Elizabeth River. The regulations will be in effect from 11 a.m. to 6 p.m. on March 26, 1999, and from 6:30 a.m. to 6 p.m. on March 27, 1999, and will restrict general navigation in the regulated areas during the event. Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. These regulations are needed to control vessel traffic during the crew competition 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. It has been exempted from review by the Office of Management and Budget under the order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects 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. This conclusion is based on the facts that the regulated area will only be in effect for a limited amount of time and that the Coast Guard Patrol Commander will allow vessel transits through the regulated area during times that the race participants are not competing.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast Guard must consider whether this rule will have a significant economic impact on a substantial number of small entities. ``Small entities'' include independently owned and operated small businesses that are not dominant in their field and that otherwise qualify as ``small business concerns'' under section 3 of the Small Business Act (15 U.S.C. 632). Because it expects the impact of this rule to be minimal, the event not lasting long, the Coast Guard certifies under 5 U.S.C. 605(b) that this temporary final rule will not have a significant economic impact on a substantial number of small entities.

Collection of Information

These regulations contain no Collection-of-Information requirements under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

The Coast Guard has analyzed this rule under the principles and criteria contained in Executive Order 12612 and has determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule and concluded that, under figure 2-1, paragraph (34)(h) of COMDTINST M16475.1C, this rule is categorically excluded from further environmental documentation. Special local regulations issued in conjunction with a regatta or marine parade are excluded under that authority.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways.

Temporary Regulations

In consideration of the foregoing, Part 100 of Title 33, Code of Federal Regulations, is amended 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-T05-010, is added to read as follows:

   Sec. 100.35-T05-010 Western Branch, Elizabeth River, Portsmouth, Virginia.

   (a) Definitions--(1) Regulated Area. The waters of the Western Branch, Elizabeth River, bounded by a line connecting the following points:

   Latitude

   Longitude

   36 deg.50.3' North........................ 076 deg.23.1' West, to 36 deg.50.3' North........................ 076 deg.21.7' West, to 36 deg.50.2' North........................ 076 deg.21.7' West, to 36 deg.50.2' North........................ 076 deg.23.1' West, to 36 deg.50.3' North........................ 076 deg.23.1' West

   All coordinates refer to 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 Group Hampton Roads.

   (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 an official patrol, including any commissioned, warrant, or petty officer on board a vessel displaying a Coast Guard ensign.

   (ii) Proceed as directed by any official patrol, including any commissioned, warrant, or petty officer on board a vessel displaying a Coast Guard ensign.

   (c) Effective Dates. The regulated area is effective from 11 a.m. to 6 p.m. on March 26, 1999, and from 6:30 a.m. to 6 p.m. on March 27, 1999.

   Dated: March 3, 1999. Roger T. Rufe, Jr., Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.

   [FR Doc. 99-7093Filed3-22-99; 8:45 am]

   BILLING CODE 4910-15-M