[Federal Register Volume 71, Number 46 (Thursday, March 9, 2006)]
[Rules and Regulations]
[Pages 12132-12135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2204]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations 
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: This rule is effective from April 29, 2006 through May 7 2006.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-05-130 and are available for inspection or 
copying at Commander (oax), Fifth Coast Guard District, 431 Crawford 
Street, Portsmouth, Virginia 23704-5004, Room 119, 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:

Regulatory Information

    On December 8, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; Chesapeake 
Bay in the Federal Register (70 FR 72964). We received no letters 
commenting on the proposed rule. No public meeting was requested, and 
none was held.

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

[[Page 12133]]

``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 Comments and Changes

    The Coast Guard did not receive comments in response to the notice 
of proposed rulemaking (NPRM) published in the Federal Register. 
Accordingly, the Coast Guard is establishing temporary special local 
regulations on specified waters of the Chesapeake Bay.

Regulatory Evaluation

    This temporary 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 temporary rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    Although this special local 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 temporary 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 temporary 
rule would not have a significant economic impact on a substantial 
number of small entities. This 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 the events.
    This temporary rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons. This 
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 Restart 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 (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. 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 temporary 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 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 temporary 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 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 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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

[[Page 12134]]

Indian Tribal Governments

    This 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.

Energy Effects

    We have analyzed this temporary 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. 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this temporary 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.

List of Subjects in 33 CFR Part 100

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

0
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

0
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.

0
2. 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 a 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 a 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 a 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,

[[Page 12135]]

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.
    (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 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. If the ``In Port Race'' is postponed due to inclement weather, 
then the temporary special local regulations will be enforced the same 
time period during one the next four days, April 30, 2006 through May 
3, 2006.

    Dated: February 22, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 06-2204 Filed 3-8-06; 8:45 am]
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