[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Proposed Rules]
[Pages 72964-72967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23753]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-05-130]
RIN 1625-AA08


Special Local Regulations for Marine Events; Chesapeake Bay

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary special 
local regulation during the ``Volvo Ocean Race 2005-2006'', sailboat 
races to be held on the waters of the Chesapeake Bay in the vicinity 
east of Gibson Island, Maryland and near the William Preston Lane Jr. 
Memorial (Chesapeake Bay) Bridge 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 segments of the Chesapeake Bay during the 
sailboat races.

DATES: Comments and related material must reach the Coast Guard on or 
before February 6, 2006.

ADDRESSES: You may mail comments and related material to Commander 
(oax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, hand-deliver them to Room 119 at the same address 
between 9 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays, or fax them to (757) 398-6203. The Auxiliary and Recreational 
Boating Safety Branch, Fifth Coast Guard District, maintains the public 
docket for this rulemaking. Comments and material received from the 
public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at the above address between 9 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Ron Houck, Project Manager, Marine 
Information Specialist, U.S. Coast Guard Sector Baltimore, at (410) 
576-2674.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-05-
130), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the address listed under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Background and Purpose

    During April and May 2006, Ocean Race Chesapeake, Inc. will host 
the Chesapeake Bay visit of the ``Volvo Ocean Race 2005-2006''. Two 
sailboat racing events are planned during this period to be conducted 
on the waters of the Chesapeake Bay in the vicinity of the William 
Preston Lane Jr. Memorial (Chesapeake Bay) Bridge near Annapolis, 
Maryland. The first event will be the ``In Port Race'' on April 29, 
2006 that will take place on the Chesapeake Bay approximately 5 miles 
east of Gibson Island, Maryland and about 8 miles north of the 
Chesapeake Bay Bridge. The second event will be the ``Leg 6 Re-Start'' 
of the 2005-2006 Volvo Round the World Race, on May 7, 2006 that will 
take place on the Chesapeake Bay between Thomas Point and Sandy Point, 
near Annapolis, Maryland.
    Both events will consist of approximately eight 70-foot long 
sailing vessels that will participate in both the ``In Port Race'' and 
a carefully organized ``Re-Start'' to a highly publicized, 
international sailing race. The restart will consist of opposing teams 
that will be maneuvering in a predetermined area within the Chesapeake 
Channel adjacent to the William P. Lane Jr. Memorial (Chesapeake Bay) 
Bridge Main Channel Span. A fleet of spectator vessels is anticipated 
to gather nearby to view the competition for both events. Because of 
the danger posed by many sailing vessels maneuvering in close proximity 
of each other during the in port race and at the beginning of the race 
restart, special local regulations are necessary. For the safety 
concerns noted and to address the need for vessel control to facilitate 
a fair and accurate restart, vessel traffic will be temporarily 
restricted to provide for the safety of participants, spectators and 
transiting vessels.

Discussion of Proposed Rule

    The Coast Guard proposes to establish temporary special local 
regulations on specified waters of the Chesapeake Bay. The ``In Port 
Race'' segment of the regulated area will include a square-shaped 
section of the Chesapeake Bay, four nautical miles long on each side, 
located approximately 17 nautical miles southeast of Baltimore's Inner 
Harbor. The center of the race course is approximately five nautical 
miles east of Gibson Island, Maryland. The duration of the race is 
expected to be three hours and spectator anchorage areas will be 
designated. The ``Leg 6 Re-Start'' segment of the regulated area will 
include a rectangle-shaped area of the Chesapeake Bay, 6 nautical miles 
long and 1.5 nautical miles wide, located approximately 13 nautical 
miles east of Annapolis Harbor. The actual starting line for this event 
lies south of the William P. Lane, Jr. Memorial (Chesapeake Bay) 
Bridge, Maryland. The duration of the event is expected to be three 
hours and spectator anchorage areas will be designated. The temporary 
special local regulations will be

[[Page 72965]]

enforced from 10:30 a.m. to 4:30 p.m. on April 29, 2006 for the ``In 
Port Race,'' and from 9 a.m. to 5 p.m. on May 7, 2006 for the ``Leg 6 
Re-Start,'' and will restrict general navigation in the regulated area 
during the sailboat race. The Coast Guard, at its discretion, when 
practical will allow the passage of vessels when races are not taking 
place. Except for participants and vessels authorized by the Coast 
Guard Patrol Commander, no person or vessel will be allowed to enter or 
remain in the regulated area during the enforcement period. These 
regulations are needed to control vessel traffic during the event to 
enhance the safety of participants, spectators and transiting vessels.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    Although this proposed regulation will prevent traffic from 
transiting a segment of the Chesapeake Bay in the vicinity of the 
William P. Lane, Jr. Memorial (Chesapeake Bay) Bridge during the event, 
the effect of this regulation will not be significant due to the 
limited duration that the regulated area will be enforced. Extensive 
advance notifications will be made to the maritime community via Local 
Notice to Mariners, marine information broadcasts, area newspapers and 
local radio stations, so mariners can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels intending to transit these sections of the 
Chesapeake Bay during these events.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons. This 
proposed rule would be in effect for only a limited period. Although 
the regulated area will apply to two separate segments of the 
Chesapeake Bay, traffic may be allowed to pass through the regulated 
areas with the permission of the Coast Guard Patrol Commander. In the 
case where the Patrol Commander authorizes passage through a regulated 
area during an event, vessels shall proceed at the minimum speed 
necessary to maintain a safe course that minimizes wake near the race 
course. Although this regulation prevents traffic from transiting the 
Chesapeake Channel of the Chesapeake Bay during the Re-Start event, the 
effect of this regulation will not be significant because of its 
limited duration. Before the enforcement period, we will issue maritime 
advisories so mariners can adjust their plans accordingly.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the address listed under 
ADDRESSES. The Coast Guard will not retaliate against small entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132, 
federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

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

[[Page 72966]]

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Effect 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(h), of the Instruction, from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine parade permit are specifically 
excluded from further analysis and documentation under that section.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule. Comments on this 
section will be considered before we make the final decision on whether 
to categorically exclude this rule from further environmental review.

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 proposes 
to amend 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; Department of Homeland Security 
Delegation No. 0170.1.

    2. From 10:30 a.m. on April 29, 2006 through 5 p.m. on May 7, 2006, 
add a temporary Sec.  100.35-T05-130 to read as follows:


Sec.  100.35-T05-130  Chesapeake Bay, near Annapolis, MD.

    (a) Regulated area includes two segments within the waters of the 
Chesapeake Bay. (1) The first segment for the ``In Port Race'' is a 
square-shaped area, four nautical miles long on each side, bounded by a 
line drawn from a position at latitude 39[deg]03'08'' N, longitude 
076[deg]21'38'' W, thence easterly to a position at latitude 
39[deg]03'08'' N, longitude 076[deg]16'32'' W, thence northerly to a 
position at latitude 39[deg]07'06'' N, longitude 076[deg]16'32'' W, 
thence westerly to a position at latitude 39[deg]07'06'' N, longitude 
076[deg]21'38'' W, thence southerly to a position at latitude 
39[deg]03'08'' N, longitude 076[deg]21'38'' W, the point of origin.
    (i) There are three designated spectator areas for the first 
segment. The first spectator area lies northeast of the mouth of the 
Magothy River, Maryland and is approximately 3000 yards long and 500 
yards wide, bounded by a line drawn from a position at latitude, 
39[deg]04'05'' N, longitude 076[deg]20'27'' W, thence northeasterly to 
a position at latitude 39[deg]04'14'' N, longitude 076[deg]20'12'' W, 
thence northwesterly to a position at latitude 39[deg]05'23'' N, 
longitude 076[deg]21'25'' W, thence southwesterly to position at 
latitude 39[deg]05'13'' N, longitude 076[deg]21'40'' W, thence 
southeasterly to a position at latitude 39[deg]04'05'' N, longitude 
076[deg]20'27'' W, the point of origin.
    (ii) The second spectator area lies northwest of the mouth of the 
Chester River, Maryland and is approximately 2200 yards long and 500 
yards wide, bounded by a line drawn from a position at latitude, 
39[deg]04'13'' N, longitude 076[deg]17'22'' W, thence northeasterly to 
a position at latitude 39[deg]05'15'' N, longitude 076[deg]16'32'' W, 
thence northwesterly to a position at latitude 39[deg]05'23'' N, 
longitude 076[deg]16'51'' W, thence southwesterly to position at 
latitude 39[deg]04'28'' N, longitude 076[deg]17'37'' W, thence 
southeasterly to a position at latitude 39[deg]04'13'' N, longitude 
076[deg]17'22'' W, the point of origin.
    (iii) The third spectator area lies between Belvidere Shoal and 
Swan Point Bar, Maryland and is approximately 4800 yards long and 500 
yards wide, bounded by a line drawn from a position at latitude, 
39[deg]05'30'' N, longitude 076[deg]21'28'' W, thence northeasterly to 
a position at latitude 39[deg]06'48'' N, longitude 076[deg]19'32'' W, 
thence easterly to a position at latitude 39[deg]06'48'' N, longitude 
076[deg]18'25'' W, thence southeasterly to position at latitude 
39[deg]05'28'' N, longitude 076[deg]16'42'' W, thence northeasterly to 
a position at latitude 39[deg]05'38'' N, longitude 076[deg]16'32'' W, 
thence northwesterly to a position at latitude 39[deg]07'01'' N, 
longitude 076[deg]18'13'' W, thence westerly to a position at latitude 
39[deg]07'01'' N, longitude 076[deg]19'35'' W, thence southwesterly to 
position at latitude 39[deg]05'43'' N, longitude 076[deg]21'40'' W, 
thence southeasterly to a position at latitude 39[deg]05'30'' N, 
longitude 076[deg]21'28'' W, the point of origin.
    (2) The second segment for the ``Leg 6 Re-Start'' is a rectangle-
shaped area, approximately six nautical miles long and 1.5 nautical 
miles wide, bounded by a line drawn from a position at latitude, 
38[deg]54'38'' N, longitude 076[deg]26'44'' W, thence easterly to a 
position at latitude 38[deg]54'11'' N, longitude 076[deg]24'49'' W, 
thence northerly to a position at latitude 38[deg]59'40'' N, longitude 
076[deg]21'42'' W, thence westerly to position at latitude 
39[deg]00'05'' N, longitude 076[deg]23'33'' W, thence southerly to a 
position at latitude 38[deg]54'38'' N, longitude 076[deg]26'44'' W, the 
point of origin.
    (i) There are two designated spectator areas for the second 
segment. The first spectator area lies east of the mouth of the Severn 
River, Maryland and is approximately three nautical miles long and 500 
yards wide, bounded by a line drawn from a position at latitude, 
38[deg]56'32'' N, longitude 076[deg]25'31'' W, thence easterly to a 
position at latitude 38[deg]56'30'' N, longitude 076[deg]25'13'' W , 
thence northerly to a position at latitude 38[deg]59'13'' N, longitude 
076[deg]23'38'' W, thence westerly to position at latitude 
38[deg]59'20'' N, longitude 076[deg]23'55'' W, thence southerly to a 
position at latitude 38[deg]56'32'' N, longitude 076[deg]25'31'' W, the 
point of origin.

[[Page 72967]]

    (ii) The second spectator area lies west of Kent Island, Maryland 
and is approximately three nautical miles long and 500 yards wide, 
bounded by a line drawn from a position at latitude, 38[deg]56'17'' N, 
longitude 076[deg]24'12'' W, thence easterly to a position at latitude 
38[deg]56'06'' N, longitude 076[deg]23'53'' W, thence northerly to a 
position at latitude 38[deg]58'50'' N, longitude 076[deg]22'17'' W, 
thence westerly to position at latitude 38[deg]58'57'' N, longitude 
076[deg]22'37'' W, thence southerly to a position at latitude 
38[deg]56'17'' N, longitude 076[deg]24'12'' W, the point of origin.
    (3) All coordinates reference Datum NAD 1983.
    (b) Definitions. (1) Coast Guard Patrol Commander means any 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any person or vessel authorized by the 
Coast Guard Patrol Commander or approved by Commander, Coast Guard 
Sector Baltimore.
    (3) Participant includes all vessels participating in the Volvo 
Ocean Race under the auspices of the Marine Event Permit issued to the 
event sponsor and approved by Commander, Coast Guard Sector Baltimore.
    (c) Special local regulations. (1) Except for the Official Patrol, 
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) Any person in the regulated area must stop immediately when 
directed to do so by any Official Patrol and then proceed only as 
directed.
    (3) The operator of any vessel in the regulated area must stop the 
vessel immediately when directed to do so by any Official Patrol and 
then proceed only as directed.
    (4) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (5) When authorized to transit within the regulated area, all 
vessels shall proceed at the minimum speed necessary to maintain a safe 
course that minimizes wake near the race course and near other persons 
and vessels in the designated spectator areas.
    (d) Enforcement period. This section will be enforced for the ``In 
Port Race'' from 10:30 a.m. to 4:30 p.m. on April 29, 2006, and from 9 
a.m. to 5 p.m. on May 7, 2006 for the ``Leg 6 Re-Start''. If the ``In 
Port Race'' is postponed due to inclement weather, then the temporary 
special local regulations will be enforced at the same time period 
during one of the next four days, April 30, 2006 through May 3, 2006.

    Dated: November 27, 2005.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-23753 Filed 12-7-05; 8:45 am]
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