Special Local Regulations for Marine Events; Special Olympics 1999 Summer Sailing Regatta, St. Mary's River, St. Mary's City, MD

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-99-020]

RIN 2115-AE46

Special Local Regulations for Marine Events; Special Olympics

1999 Summer Sailing Regatta, St. Mary's River, St. Mary's City, MD

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary special local

regulations for the Special Olympics 1999 Summer Sailing Regatta, a

marine event to be held on the waters of the St. Mary's River, St.

Mary's City, Maryland. These special local regulations, which will be

in effect 6 a.m. EDT (Eastern Daylight Time) to 5 p.m. EDT, daily from

June 27 to July 2, 1999, are necessary to provide for the safety of

life and property on U.S. navigable waters during the event. The effect

will be to restrict general navigation in the regulated area for the

safety of spectators, participants, and other vessels transiting the

event area.

DATES: Comments must reach the Coast Guard on or before May 26, 1999.

ADDRESSES: You may mail comments to Commander (Aoax), Fifth Coast Guard

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

hand-deliver to Room 119 at the same address between 9:30 a.m. and 2

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

number is (757) 398-6204. Commander (Aoax), Fifth Coast Guard District,

431 Crawford Street, Portsmouth, Virginia 23704-5004 maintains the

public docket for this rulemaking. Comments, and documents as indicated

in this preamble, will become part of this docket and will be available

for inspection and copying at the above address between 9:30 a.m. and 2

p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

S.L. Phillips, Project Manager, Operations Division, Auxiliary Section,

at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

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

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD 05-99-020) and the specific

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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

acknowledgement 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 proposed rule 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.

In order to provide notice and an opportunity to comment before

issuing an effective rule, the Coast Guard is providing a shorter than

normal comment period. A 30-day comment period is sufficient to allow

those who might be affected by this rulemaking to submit their comments

because extensive advisories will be made to the affected maritime

community and there will be local republication in the Local Notice to

Mariners.

Background and Purpose

Special Olympics International will sponsor the Special Olympics

1999 Summer Sailing Regatta on the waters of St. Mary's River, St.

Mary's City, Maryland from June 27 to July 2, 1999. The event will

involve 50 small racing sailboats conducting highly publicized,

competitive races. The sailboats will each be crewed by one trained

sailor and one Special Olympian. A large fleet of spectator vessels is

anticipated. Due to the need for vessel control during the races,

general navigation will be temporarily restricted to provide for the

safety of spectators, participants and other vessels transiting the

event area.

Discussion of Proposed Rule

The Coast Guard will establish temporary special local regulations

on specified waters of the St. Mary's River. These special local

regulations will be in effect 6 a.m. EDT (Eastern Daylight Time) to 5

p.m. EDT, daily from June 27 to July 2, 1999. The effect will be to

restrict general navigation in the regulated area during the races.

Except for persons or vessels authorized by the Coast Guard Patrol

Commander, no person or vessel may enter or remain in the regulated

area while the regulations are in effect. These regulations are needed

to control vessel traffic during the event to enhance the safety of

participants, spectators, and transiting vessels. Since the Coast Guard

Patrol Commander may stop the 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. This

conclusion is based on the fact that the regulated area will only be in

effect for a limited amount of time, extensive advisories will be made

to the affected maritime community so that they may adjust their

schedules accordingly, and the event schedule will allow commercial

interests to coordinate their activities to allow for minimum

disruption to their enterprise.

Small Entities

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

Coast Guard considers whether this proposed rule, if adopted, will have

a significant economic impact on a substantial number of small

entities. ``Small Entities'' include 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 expects the impact of this proposed rule to be

minimal. The regulated area will only be in effect for a limited amount

of time, extensive advisories will be made to the affected maritime

community so that they may adjust their schedules accordingly, and the

event schedule will allow commercial interests to coordinate their

activities to allow for minimum disruption to their enterprise.

Therefore, the Coast Guard certifies under 5 U.S.C. 605(b), that

this proposed rule, if adopted, will not have a significant economic

impact on a substantial number of small entities. If, however, you

think that your business or organization qualifies as a small entity

and that this proposed rule will have a significant economic impact on

your business or organization, please submit a comment (see ADDRESSES)

explaining why you think it qualifies and in what way and to what

degree this proposal will economically affect it.

Assistance for Small Entities

In accordance with section 213(a) of the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard

wants to assist small entities in understanding this proposed rule so

that they can better evaluate its effects on them and participate in

the rulemaking process. If your small business or organization is

affected by this rule and you have questions concerning its provisions

or options for compliance, please contact S. L. Phillips, Project

Manager, Operations Division, Auxiliary Section, at (757) 398-6204.

Unfunded Mandates

Under section 201 of the Unfunded Mandates Reform Act (UMRA) (2

U.S.C. 1531), the Coast Guard assessed the effects of this proposal on

State, local and tribal governments, in the aggregate, and the private

sector. The Coast Guard determined that this regulatory action requires

no written statement under section 202 of the UMRA (2 U.S.C. 1531)

because it will not result in the expenditure of $100,000,000 in any

one year by State, local and tribal governments, in the aggregate, or

the private sector.

Collection of Information

This proposal does not provide for a collection of information

under the Paperwork Reduction Act of 1995 (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 figure 2-2, paragraph (34)(h) of

Commandant Instruction M16475.1C, this proposal is categorically

excluded from further environmental documentation. Special local

regulations issued in conjunction

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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

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 through 1236; 49 CFR 1.46 and 33 CFR

100.35.

2. A temporary section, 100.35-T05-020 is added to read as follows:

Sec. 100.35-T05-020 Special Olympics 1999 Summer Sailing Regatta, St.

Mary's River, St. Mary's City, Maryland.

(a) Definitions:

(1) Regulated Area. The waters of St. Mary's River from shoreline

to shoreline, bounded on the north by a line drawn along latitude

38 deg.12'00.0'' N and bounded on the south by a line drawn along

latitude 38 deg.09'00.0'' N. All coordinates reference 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 Activities Baltimore.

(b) Special Local Regulations:

(1) All persons and vessels not authorized as participants or

official patrol vessels are considered spectators. The ``official

patrol'' consists of Coast Guard, public, state, or local law

enforcement vessels assigned or approved by Commander, Coast Guard

Activities Baltimore.

(2) Except for persons or vessels authorized by the Coast Guard

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

regulated area.

(3) The operator of any vessel in this area shall:

(i) Stop the vessel immediately when directed to do so by any

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.

(4) Spectator vessels may enter and anchor in areas outside the

regulated area without the permission of the Patrol Commander. They

shall use caution not to enter the regulated area. No vessel shall

anchor within a tunnel, cable or pipeline area shown on a Government

chart.

(5) The Coast Guard Patrol Commander will announce the specific

time periods during which the regulations will be enforced, by

Broadcast Notice to Mariners on channel 22 VHF-FM marine band radio.

(c) Effective Dates. The regulated area is effective from 6 a.m.

EDT (Eastern Daylight Time) to 5 p.m. EDT, daily from June 27 to July

2, 1999.

Dated: April 6, 1999.

Roger T. Rufe, Jr.,

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

[FR Doc. 99-10428 Filed 4-23-99; 8:45 am]

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