Special Local Regulations for Marine Events; Assateague Channel, Chincoteague, Virginia

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-97-012]

RIN 2115-AE46

Special Local Regulations for Marine Events; Assateague Channel,

Chincoteague, Virginia

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to amend permanent special local

regulations established for an annual marine event held in the

Assateague Channel, Chincoteague, Virginia by including an additional

event for which the regulated area will be in effect. This action is

intended to update the regulation in order to enhance the safety of

life and property during the events.

DATES: Comments must be received on or before June 20, 1997.

ADDRESSES: Comments may be mailed to Commander (Aosr), Fifth Coast

Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004,

or hand delivered to Room 516 at the same address between 7:30 a.m. and

5 p.m., Monday through Friday, except Federal holidays. The telephone

number is (757) 398-6204. Comments will become part of this docket and

will be available for inspection and copying at the above address.

FOR FURTHER INFORMATION CONTACT:

S.L. Phillips, Project Manager, Search and Rescue Branch, at (757) 398-

6204.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written views, data, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD 05-97-012) and the specific section of

this proposal to which each comment applies, and give the reason for

each comment. Please submit two copies of all comments and attachments

in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgment of

receipt of comments should enclose stamped, self-addressed postcards or

envelopes.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no public hearing. Persons may request a public

hearing by writing to the address listed under ADDRESSES. The request

should include the reasons why a hearing would be beneficial. If it

determines that the opportunity for oral presentations will aid this

rulemaking, the Coast Guard will hold a public hearing at a time and

place announced by a later notice in the Federal Register.

Background and Purpose

The current regulations at 33 CFR 100.519 establish special local

regulations for the Pony Penning Swim, a marine event held annually in

the Assateague Channel, Chincoteague, Virginia. Since the promulgation

of 33 CFR 100.519, an additional marine event, the Chincoteague Power

Boat Regatta, has been approved and scheduled on an annual basis in the

regulated area. This proposal would add the Chincoteague Power Boat

Regatta to the list of events for which the regulations will be in

effect, thereby eliminating the need for issuance of temporary rules

for this event. This proposal is necessary to control vessel traffic

during the event to enhance the safety of participants, spectators, and

transiting vessels.

Discussion of Proposed Rule

The Coast Guard proposes to amend the special local regulations

previously established for this event area by incorporating a table

which identifies specific events during which the regulated area will

be in effect and amending the language of the regulation to include

reference to this table. Since this action will not significantly

increase the period of time that the channel is restricted and the

Coast Guard patrol commander may stop any event to assist transit of

vessels through the regulated area, normal marine traffic should not be

severely disrupted.

Regulatory Evaluation

This proposal 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 that 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

proposal to be so minimal that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies and procedures of DOT is

unnecessary. The impact on routine vessel navigation is expected to be

minimal.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal 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). The Coast Guard expects the economic impact of this

proposal to be minimal, and certifies under 5 U.S.C. 605(b), that this

proposal, if adopted, will not have a significant economic impact on a

substantial number of small entities.

Collection of Information

This proposal contains no Collection of Information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this proposal under the principles and

criteria contained in Executive Order 12612 and has determined that

this proposal does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that, under section 2.b.2.e(34)(h) of Commandant

Instruction M16475.1b (as amended, 61 FR 13564; 27 March 1996), this

proposal is categorically excluded from further environmental

documentation.

[[Page 19240]]

List of Subjects in 33 CFR Part 100

Marine Safety, Navigation (water), Reporting and recordkeeping

requirements, Waterways.

For the reasons set out in the preamble, the Coast Guard proposes

to amend 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; 49 CFR 1.46

2. Section 100.519 is amended by revising paragraphs (b)(1) and (c)

and adding table 1 to read as follows:

Sec. 100.519 Assateague Channel, Chincoteague, Virginia.

* * * * *

(b) Special local regulations.--(1) Except for participants

registered with the event sponsor and vessels authorized by the Coast

Guard Patrol Commander, no person or vessel may enter or remain in the

regulated area without the permission of the Patrol Commander.

* * * * *

(c) Effective periods. This regulation is effective annually for

the duration of each marine event listed in table 1, or as otherwise

specified in the Coast Guard Local Notice to Mariners and a Federal

Register notice. The Coast Patrol Commander will announce by Broadcast

Notice to Mariners the specific time periods during which the

regulations will be enforced.

Table 1 of Sec. 100.519

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

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

Chincoteague Power Boat Regatta:

Sponsor: Chincoteague Chamber of Commerce

Date: Third Saturday and Sunday in June

Pony Penning Swim:

Sponsor: Chincoteague Volunteer Fire Department

Date: Last Wednesday in July and the following Friday

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

Dated: March 28, 1997.

Kent H. Williams,

Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.

[FR Doc. 97-10152 Filed 4-18-97; 8:45 am]

BILLING CODE 4910-14-M