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Special Local Regulations for Marine Events; Chesapeake Bay Near Annapolis, MD
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: March 26, 2002 (Volume 67, Number 58)]
[Rules and Regulations]
[Page 13719-13721]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr02-7]
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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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