[Federal Register: July 8, 1998 (Volume 63, Number 130)] [Rules and Regulations] [Page 36849-36850] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr08jy98-16] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 100 [CGD 05-98-045] RIN 2115-AE46 Special Local Regulations for Marine Events; Virginia is for Lovers Cup Unlimited Hydroplane Races, Willoughby Bay, Norfolk, Virginia AGENCY: Coast Guard, DOT. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: Special local regulations are being adopted for the Virginia is for Lovers Cup Unlimited Hydroplane Races to be held in Willoughby Bay, Norfolk, Virginia. The event will be held from 8 a.m. to 4 p.m. EDT (Eastern Daylight Time) July 18 & 19, 1998. These special local regulations are necessary 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 spectators and participants. EFFECTIVE DATES: This regulation is effective from 8 a.m. to 4 p.m. EDT on July 18 & 19, 1998. FOR FURTHER INFORMATION CONTACT: CWO D. Merrill, Marine Events Coordinator, Commander, Coast Guard Group Hampton Roads, 4000 Coast Guard Blvd., Portsmouth, Virginia 23703, (757) 483-8521. SUPPLEMENTARY INFORMATION: 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. Following normal rulemaking procedures would have been impractical. The request to hold the event was not submitted until May 26, 1998. Publishing a notice of proposed rulemaking and delaying its effective date would be contrary to safety interests, since immediate action is needed to minimize potential danger to the public posed by the large number of racing vessels participating in this event. Discussion of Regulations On July 18 & 19, 1998, the City of Norfolk will sponsor the Virginia is for Lovers Cup Unlimited Hydroplane Races in Willoughby Bay. The event will consist of hydroplanes, hydrolights, Grand Prix and Jersey Speed Skiffs racing at high speeds along a 2-mile oval course. Except for participants in the Virginia is for Lovers Cup Unlimited Hydroplane Races 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. The Patrol Commander will allow non-participating vessel to transit the event area between races. These regulations are necessary to control spectator craft and provide for the safety of life and property on navigable waters during the event. 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 [[Page 36850]] 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 procedures of DOT is unnecessary. Entry into the regulated area will only be prohibited while the race boats are actually competing. Since vessels will be allowed to transit the event area between heats, the impacts on routine navigation are expected to be minimal. 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). This rule does not impose any new restrictions on vessel traffic, but merely changes effective dates of a regulation. Therefore, the Coast Guard certifies under Section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601-612) 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 of 1995 (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 COMSTINST 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; 49 CFR 1.46 and 33 CFR 100.35. 2. A temporary Section 100.35-T05-045 is added to read as follows: Sec. 100.35-T05-045 Willoughby Bay, Norfolk, Virginia. (a) Definitions: (1) Regulated area. The waters of Willoughby Bay from shoreline to shoreline, and the approaches to Willoughby Bay bounded by a line drawn westerly from the northern corner of Willoughby Spit located at latitude 36 deg.58'06'' North, longitude 76 deg.17'58'' West, to Willoughby Bay Channel Light 7 (LLNR 10595) located at latitude 36 deg.58'06'' North, longitude 76 deg.18'18'' West; thence southwesterly to the shoreline at the Norfolk Naval Base located at latitude 36 deg.57'21'' North, longitude 76 deg.18'27'' West. 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 Group Hampton Roads. (b) Special Local Regulations: (1) Except for participants in the Virginia is for Lovers Cup Unlimited Hydroplane Races 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. (2) The operator of any vessel in the regulated area shall: (i) Stop the vessel immediately when directed to do so by any commissioned, warrant, or petty officer on board a vessel displaying a Coast Guard ensign. (ii) Proceed as directed by any commissioned, warrant, or petty officer on board a vessel displaying a Coast Guard ensign. (3) The Patrol Commander will allow vessel traffic to transit the event area between races. (c) Effective dates: This section is effective from 8 a.m. to 4 p.m. EDT on July 18 and July 19, 1998. Dated: June 23, 1998. P.M. Stillman, Captain, U.S. Coast Guard Acting Commander, Fifth Coast Guard District. [FR Doc. 98-18116 Filed 7-7-98; 8:45 am] BILLING CODE 4910-13-M