[Federal Register Volume 62, Number 180 (Wednesday, September 17, 1997)]
[Rules and Regulations]
[Pages 48768-48769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24593]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-97-069]
RIN 2115-AE46


Special Local Regulations for Marine Events; Chesapeake Airshow, 
Frog Mortar Creek, Essex, Maryland

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: Special local regulations are being adopted for the Chesapeake 
Airshow to be held over Frog Mortar Creek, Essex, Maryland. These 
special local regulations 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 and participants.

EFFECTIVE DATES: This temporary regulation is effective from 10 a.m. to 
5:30 p.m. EDT (Eastern Daylight Time) on September 13 and September 14, 
1997.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer R. Houck, Marine 
Events Coordinator, Commander, Coast Guard Activities Baltimore, 2401 
Hawkins Point Road, Baltimore Maryland, 21226-1791, telephone number 
(410) 576-2674.

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 received until 
August 18, 1997. Publishing a notice of proposed rulemaking and 
delaying its effective date would be contrary to safety interests, 
since immediate action is needed to protect vessel traffic from the 
potential hazards associated with the airshow.

Discussion of Regulations

    On September 13 and 14, 1997, the Essex-Middle River Chamber of 
Commerce will sponsor the Chesapeake Airshow. The event will consist of 
15 aircraft flying at low altitudes in various formations over Frog 
Mortar Creek. 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 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 aircraft are 
actually performing. Since vessels will be allowed to transit the event 
area between performances, the impacts on routine navigation are 
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 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). The Coast Guard certifies under Section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary 
final rule will not have a significant economic impact on a substantial 
number of small entities, because the regulations will only be in 
effect for a short duration in a limited area.

Collection of Information

    These regulations contain no collection of information requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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 section 2.b.2.e(34)(h) of Commandant 
Instruction M16475.1b (as amended, 61 FR 13564; March 27, 1996), this 
rule is categorically excluded from further environmental 
documentation.

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 100.35T-05-069 is added to read as follows:


Sec. 100.35T-05-069  Frog Mortar Creek, Essex, Maryland

    (a) Definitions:
    (1) Regulated area: The waters of Frog Mortar Creek enclosed by:


Latitude                             Longitude                          
                                                                        
39 deg.19'54.0'' North               76 deg.24'36.0'' West              
39 deg.19'48.0'' North               76 deg.24'36.0'' West              
39 deg.19'24.0'' North               76 deg.24'00.0'' West              
39 deg.19'18.0'' North               76 deg.24'12.0'' 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 Activities Baltimore.
    (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 any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.

[[Page 48769]]

    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a Coast Guard ensign.
    (c) Effective dates: This regulation is effective from 10 a.m. to 
5:30 p.m. EDT on September 13 and 14, 1997.

    Dated: September 2, 1997.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 97-24593 Filed 9-16-97; 8:45 am]
BILLING CODE 4910-14-M