[Federal Register Volume 67, Number 58 (Tuesday, March 26, 2002)]
[Rules and Regulations]
[Pages 13719-13721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7232]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-02-009]
RIN 2115-AE46


Special Local Regulations for Marine Events; Chesapeake Bay Near 
Annapolis, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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[[Page 13720]]

SUMMARY: The Coast Guard is adopting temporary special local 
regulations during the Volvo Ocean Race, Leg 7 Restart, a marine event 
to be held over the waters of Chesapeake Bay between Thomas Point and 
Sandy Point, near Annapolis, Maryland. These special local regulations 
are necessary to provide for the safety of life on navigable waters 
during the event. This action is intended to restrict vessel traffic in 
portions of the Chesapeake Bay during the event.

DATES: This rule is effective from 10 a.m. to 2:30 p.m. EDT on April 
28, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD05-02-009 and are available for 
inspection or copying at Commander (Aoax), Fifth Coast Guard District, 
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Dulani Woods, Volvo Ocean 
Race Chesapeake Project Officer, Commander, Coast Guard Activities 
Baltimore, telephone number (410) 576-2513.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. In keeping with 5 U.S.C. 553(b)(B) and 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing a NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. The event will occur on Sunday, April 28, 2002, and 
numerous spectator craft are expected to gather near the event area. 
Because of the danger posed by many sailing vessels maneuvering in 
close proximity of each other at the beginning of a critical race 
restart, special local regulations are necessary to provide for the 
safety of event participants, spectator craft and other vessels 
transiting the event area. For the safety concerns noted, it is in the 
public interest to have these regulations in effect during the event. 
The William P. Lane Jr. (Chesapeake Bay) Bridge Eastern Span and 
Channel will remain unaffected during the event. In addition, advance 
notifications will be made via the Local Notice to Mariners, marine 
information broadcasts, sponsor-provided pamphlets and area newspapers.

Background and Purpose

    On April 28, 2002, Ocean Race Chesapeake, Inc. will sponsor the Leg 
7 Restart of the 2001-2002 Volvo Round The World Race on the waters of 
Chesapeake Bay between Thomas Point and Sandy Point, near Annapolis, 
Maryland. The event will consist of eight 64-foot sailing vessels 
conducting a strictly organized restart to a highly publicized, 
international sailing race. Opposing teams will be maneuvering in a 
predetermined area on the Chesapeake Channel adjacent to the William P. 
Lane Jr. (Chesapeake Bay) Bridge Main Channel Span. A fleet of 
spectator vessels is anticipated. Due to the need for vessel control 
while a fair and accurate restart is conducted, vessel traffic will be 
temporarily restricted to provide for the safety of spectators, 
participants and transiting vessels.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Chesapeake Bay. The regulated area will 
include an area approximately 7.5 nautical miles long and 1.3 nautical 
miles wide. The temporary special local regulations will be enforced 
from 10 a.m. to 2:30 p.m. EDT on April 28, 2002, and will restrict 
general navigation in the regulated area during the event. Except for 
participants and vessels authorized by the Coast Guard Patrol 
Commander, no person or vessel may enter or remain in the regulated 
area. The William P. Lane Jr. (Chesapeake Bay) Bridge Eastern Span and 
Channel will remain unaffected 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. The 
Office of Management and Budget has not reviewed it 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).
    Although this regulation prevents traffic from transiting the 
Chesapeake Channel between Thomas Point and Sandy Point during the 
event, the effect of this regulation will not be significant due to the 
limited duration of the regulation, the availability of the William P. 
Lane Jr. (Chesapeake Bay) Bridge Eastern Span and Channel, and the 
extensive advance notifications that will be made to the maritime 
community via the Local Notice to Mariners, marine information 
broadcasts, sponsor-provided pamphlets and area newspapers, so mariners 
can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises 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 certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
this section of Chesapeake Bay during the event.
    Although this regulation prevents traffic from transiting the 
Chesapeake Channel of the Chesapeake Bay during the event, the effect 
of this regulation will not be significant because of its limited 
duration, the availability of the William P. Lane Jr. (Chesapeake Bay) 
Bridge Eastern Span and Channel, and the extensive advance 
notifications that will be made to the maritime community via the Local 
Notice to Mariners, marine information broadcasts, sponsor-provided 
pamphlets and area newspapers, so mariners can adjust their plans 
accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this temporary rule so that they can better 
evaluate its effects on them and participate in the rulemaking.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

[[Page 13721]]

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State law or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial and direct effect on one or more 
Indian tribes, on the relationship between the Federal Governments and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraphs (34)(h) and (35)(a) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine parade permit for an event not 
located in, proximate to, or above an area designated as 
environmentally sensitive by an environmental agency of the Federal, 
state, or local government, are specifically excluded from further 
analysis and documentation under those sections. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 
100.35.


    2. Add a temporary section, Sec. 100.35T-05-009 to read as follows:


Sec. 100.35T-05-009  Chesapeake Bay, near Annapolis, MD.

    (a) Definitions:
    (1) 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.
    (2) Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Activities Baltimore with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (3) Participant. Includes all vessels participating in the Volvo 
Ocean Race Chesapeake under the auspices of the Marine Event Permit 
issued to the event sponsor and approved by Commander, Coast Guard 
Activities Baltimore.
    (4) Regulated Area. Includes the waters of the Chesapeake Bay, 
within an area approximately 7.5 nautical miles long and 1.3 nautical 
miles wide, bounded by a line drawn from a position at latitude 
39 deg.00'32" N, longitude 076 deg.23'03" W, southwesterly to a 
position at 39 deg.00'11" N, longitude 076 deg.21'50" W, southeasterly 
to a position at 38 deg.56'07" N, longitude 076 deg.24'11" W, southerly 
to a position at 38 deg.53'00" N, longitude 076 deg.24'13" W, easterly 
to a position at 38 deg.53'00" N, longitude 076 deg.25'58" W, northerly 
to a position at 38 deg.56'30" N, longitude 076 deg.25'29" W, thence 
northeasterly to a position at 39 deg.00'32" N, longitude 
076 deg.23'03" W. All coordinates reference Datum NAD 1983.
    (b) Special Local Regulations:
    (1) Except for event participants and 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 the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol.
    (ii) Proceed as directed by any official patrol.
    (iii) Unless otherwise directed by the official patrol, operate at 
a minimum wake speed not to exceed six (6) knots.
    (c) Effective Dates: This section is in effect from 10 a.m. to 2:30 
p.m. EDT on April 28, 2002.

    Dated: March 13, 2002.
L. Mizell,
Captain, Coast Guard, Acting Commander, Fifth Coast Guard District.
[FR Doc. 02-7232 Filed 3-25-02; 8:45 am]
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