[Federal Register Volume 63, Number 59 (Friday, March 27, 1998)]
[Rules and Regulations]
[Pages 14818-14820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8120]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-98-013]
RIN 2115-AE46


Special Local Regulations for Marine Events; Whitbread 
Chesapeake, Chesapeake Bay, Maryland

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: Temporary special local regulations are being adopted for the 
Chesapeake Bay portion of the Whitbread Round-the-World Offshore Yacht 
Race. Three marine events held as part of the Whitbread Round-the-World 
Race will take place in the waters of the Chesapeake Bay and Patapsco 
River. The dates for these activities are April 22 through May 3, 1998. 
These regulations are needed to allow Whitbread Chesapeake, Inc. to 
protect boaters, spectators and participants from the dangers 
associated with the events.

DATES: This temporary final rule is effective from 6 a.m. EDT (Eastern 
Daylight Time) on April 22, 1998 to 6 a.m. EDT on April 23, from 9 a.m. 
EDT to 12 p.m. EDT on April 30, 1998, and from 10 a.m. EDT to 2:30 p.m. 
EDT on May 3, 1998.

FOR FURTHER INFORMATION CONTACT:
Lieutenant James Driscoll, Marine Events Coordinator, Commander, Coast 
Guard Activities Baltimore, 2401 Hawkins Point Road, Baltimore, 
Maryland 21226-1791, telephone number (410) 576-2676.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for this regulation. Following normal rulemaking 
procedures would have been impractical since there is not sufficient 
time remaining to publish a proposed rule in advance of the event or to 
provide for a delayed effective date. Immediate action is needed to 
protect vessel traffic from the potential hazards associated with 
congested waterways.

Background and Purpose

    Whitbread Chesapeake, Inc. has submitted three marine event permit 
applications to the U.S. Coast Guard for events to be held as part of 
the Whitbread Round-the-World Offshore Yacht Race. On April 22, 1998, 
Whitbread Chesapeake, Inc. will sponsor the Whitbread Chesapeake Leg 7 
finish. This event will consist of 10 offshore sailing vessels 
conducting race finish line approaches, finish line crossings and 
preparations for mooring on the waters of the Patapsco River and 
Northwest Harbor. On April 30, 1998, Whitbread Chesapeake, Inc. will 
sponsor the Whitbread Chesapeake parade of sail. This event will 
consist of 10 offshore sailing vessels conducting organized transit on 
the waters of the Patapsco River and Chesapeake Bay from Baltimore 
Inner Harbor to Annapolis Harbor. On May 3, 1998, Whitbread Chesapeake, 
Inc. will sponsor the Whitbread Chesapeake Leg 8 start. This event will 
consist of 10 offshore sailing vessels conducting race start 
preparations, start box maneuvering, corridor racing and gate area 
approaches on the waters of the Chesapeake Bay. A large fleet of 
spectator vessels is anticipated for each event. Due to the need for 
vessel control during the races and parade of sail, vessel traffic will 
be temporarily restricted to provide for the safety of spectators, 
participants and transiting vessels.

Discussion of Regulations

    The Coast Guard will establish temporary special local regulations 
on specified waters of the Chesapeake Bay

[[Page 14819]]

and Patapsco River. Because of the nature of the events to be held as 
part of the Whitbread Round-the-World Offshore Yacht Race and the 
length of time over which the events are scheduled to run, the Coast 
Guard believes the most effective way to meet all safety, security and 
vessel control objectives is to establish three separate regulated 
areas. As events occur, the various regulated areas will be in effect 
only as the need arises. The temporary special local regulations will 
restrict general navigation in the regulated areas during the events. 
Spectator anchorage areas will also be established for spectator 
vessels to view the events. These regulations are needed to control 
vessel traffic during the marine events 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 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 
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 fact that the regulated areas will only 
be in effect for a limited amount of time, extensive advisories have 
been and 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 
minimal disruption to their enterprise.

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 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 because of the event's short duration.

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 section 2.B.2 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, Sec. 100.35-T05-013 is added to read as 
follows:


Sec. 100.35-T05-013  Whitbread Chesapeake, Chesapeake Bay, Maryland.

    (a) Definitions:
    (1) Northwest Harbor Regulated Area. The waters of the Patapsco 
River and Northwest Harbor enclosed by:

                                                                        
              Latitude                            Longitude             
                                                                        
39 deg.15'33.5'' North               76 deg.34'07.5'' West, to          
39 deg.15'17.5'' North               76 deg.33'58.0'' West, to          
39 deg.15'15.5'' North               76 deg.34'15.5'' West, to          
39 deg.15'23.5'' North               76 deg.34'44.0'' West, to          
39 deg.15'50.5'' North               76 deg.34'39.5'' West, to          
39 deg.15'57.5'' North               76 deg.34'42.0'' West, to          
39 deg.16'04.5'' North               76 deg.34'36.5'' West, to          
39 deg.16'28.0'' North               76 deg.34'37.0'' West, to          
39 deg.16'28.0'' North               76 deg.34'15.0'' West              
                                                                        

    (2) Patapsco River Regulated Area. All waters of the Patapsco River 
enclosed by:

                                                                        
              Latitude                            Longitude             
                                                                        
39 deg.15'55.0'' North               76 deg.34'32.0'' West, to          
39 deg.15'37.0'' North               76 deg.34'40.0'' West, to          
39 deg.15'37.0'' North               76 deg.34'18.0'' West, to          
39 deg.15'55.0'' North               76 deg.34'32.0'' West              
                                                                        

    (3) Chesapeake Bay Regulated Area. The waters of the Chesapeake Bay 
enclosed by:

                                                                        
              Latitude                            Longitude             
                                                                        
39 deg.00'38.0'' North               76 deg.23'06.0'' West, to          
39 deg.00'18.0'' North               76 deg.21'37.5'' West, to          
38 deg.56'11.0'' North               76 deg.24'10.0'' West, to          
38 deg.54'01.5'' North               76 deg.24'22.0'' West, to          
38 deg.54'11.0'' North               76 deg.24'29.0'' West, to          
38 deg.53'58.0'' North               76 deg.25'44.0'' West, to          
38 deg.53'39.0'' North               76 deg.25'53,0'' West, to          
38 deg.56'33.0'' North               76 deg.25'41.0'' West, to          
39 deg.00'38.0'' North               76 deg.23'06.0'' West              
                                                                        

    (4) Fort McHenry Southwest Spectator Anchorage Area. The waters 
southwest of Fort McHenry bounded by a line connecting the following 
points:

                                                                        
              Latitude                            Longitude             
                                                                        
39 deg.15'34.0'' North               76 deg.34'52.5'' West, to          
39 deg.15'23.0'' North               76 deg.34'55.5'' West, to          
39 deg.15'23.0'' North               76 deg.35'20.5'' West, to          
39 deg.15'30.0'' North               76 deg.35'20.5'' West, to          
39 deg.15'34.0'' North               76 deg.34'52.5'' West              
                                                                        

    (5) Fort McHenry South Spectator Anchorage Area. The waters south 
of Fort McHenry bounded by a line connecting the following points:

                                                                        
              Latitude                            Longitude             
                                                                        
39 deg.15'33.5'' North               76 deg.34'47.0'' West, to          
39 deg.15'23.5'' North               76 deg.34'50.0'' West, to          
39 deg.15'23.5'' North               76 deg.34'44.0'' West, to          
39 deg.15'33.0'' North               76 deg.34'42.0'' West, to          
39 deg.15'33.5'' North               76 deg.34'47.0'' West, to          
                                                                        

    (6) Fairfield West Spectator Anchorage Area. The waters north of 
Fairfield bounded by a line connecting the following points:

                                                                        
              Latitude                            Longitude             
                                                                        
39 deg.15'12.5'' North               76 deg.34'50.0'' West, to          
39 deg.15'17.5'' North               76 deg.34'45.0'' West, to          
39 deg.15'17.5'' North               76 deg.34'36.0'' West, to          
39 deg.15'09.0'' North               76 deg.34'43.0'' West, to          
39 deg.15'12.5'' North               76 deg.34'50.0'' West              
                                                                        

    (7) Fairfield West Spectator Anchorage Area. The waters north of 
Fairfield bounded by a line connecting the following points:

                                                                        
              Latitude                            Longitude             
                                                                        
39 deg.15'17.5'' North               76 deg.34'22.5'' West, to          
39 deg.15'17.5'' North               76 deg.34'28.5'' West, to          
39 deg.15'09.0'' North               76 deg.34'27.5'' West, to          
39 deg.15'09.0'' North               76 deg.34'35.0'' West, to          
39 deg.15'17.5'' North               76 deg.33'22.5'' West              
                                                                        

    (8) Lazaretto Point Spectator Anchorage Area. The waters southeast

[[Page 14820]]

of Lazaretto Point bounded by a line connecting the following points:

                                                                        
              Latitude                            Longitude             
                                                                        
39 deg.15'31.0'' North               76 deg.33'58.0'' West, to          
39 deg.15'17.5'' North               76 deg.33'58.0'' West, to          
39 deg.15'25.0'' North               76 deg.34'02.0'' West, to          
39 deg.15'31.0'' North               76 deg.33'58.0'' West              
                                                                        

    (9) Chesapeake Bay Spectator Anchorage Area. The waters of the 
Chesapeake Bay bounded by a line connecting the following points:

                                                                        
              Latitude                            Longitude             
                                                                        
38 deg.59'23.0'' North               76 deg.24'12.0'' West, to          
38 deg.59'17.5'' North               76 deg.23'57.0'' West, to          
38 deg.58'07.0'' North               76 deg.24'42.0'' West, to          
38 deg.58'11.0'' North               76 deg.24'53.0'' West, to          
38 deg.59'23.0'' North               76 deg.24'12.0'' West              
                                                                        

    All coordinates referenced use Datum NAD 1983.
    (10) 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/or vessels not authorized as participants or 
official patrol vessels are considered spectators. The ``official 
patrol'' consists of any Coast Guard, public, state, county or local 
law enforcement vessels assigned and/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 areas.
    (3) The operator of any vessel in these areas 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 the special spectator 
anchorage areas described in paragraph (a) of this section without the 
permission of the Patrol Commander. They shall use caution not to enter 
the regulated areas. No vessel shall anchor within a tunnel, cable or 
pipeline area shown on a Government chart.
    (c) Effective Periods. The regulated area described in paragraph 
(a)(1) of this section and the spectator anchorage areas described in 
paragraphs (a)(4) through (a)(8) are effective from 6 a.m. EDT (Eastern 
Daylight Time) on April 22, 1998 to 6 a.m. EDT on April 23. The 
regulated area described in paragraph (a)(2) of this section is 
effective from 9 a.m. EDT to 12 p.m. on April 30, 1998. The regulated 
area described in paragraph (a)(3) of this section and the spectator 
anchorage area described in paragraph (a)(9) are effective from 10 a.m. 
EDT to 2:30 p.m. on May 3, 1998. The Coast Guard Patrol Commander will 
announce by Broadcast Notice to Mariners the specific time periods 
during which the regulations will be enforced.

    Dated: March 3, 1998.
J.S. Carmichael,
Captain, USCG, Acting Commander, Fifth Coast Guard District.
[FR Doc. 98-8120 Filed 3-26-98; 8:45 am]
BILLING CODE 4910-15-M