[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]
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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.
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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
