Ports and waterways safety: Inner Harbor, Baltimore, MD; safety zone,

[Federal Register: March 23, 1999 (Volume 64, Number 55)]

[Rules and Regulations]

[Page 13915-13916]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr23mr99-13]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-99-009]

RIM 2115-AA97

Safety Zone: Chesapeake Bay, Patapsco River, Inner Harbor, Baltimore, Maryland

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

SUMMARY: The Coast Guard is establishing a temporary safety zone during the movement of the schooner Lady Maryland upon the waters of the Inner Harbor, Baltimore, MD. This safety zone is necessary to protect the safety of life and property of the participants, spectators and mariners on U.S. navigable waters during the effective dates.

EFFECTIVE DATES: This regulation will be effective from 12:30 p.m. to 2:30 p.m. March 27, 1999.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer R. Houck, Marine Event Coordinator, Activities Baltimore, 2401 Hawkins Point Rd., Baltimore, Maryland, 21226-1791, telephone number (410) 576-2674.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of Proposed Rulemaking (NPRM) was not published for this rule and good cause exists for making it effective less than 30 days after Federal Register publication. The application for this event was not received until February 2, 1999. There was not sufficient time to publish a proposed rule in advance of the event. Publishing an NPRM and delaying its effective date would be contrary to the public interest because immediate action is needed to prevent a serious threat to spectators and vessels transiting in the vicinity.

Discussion of Regulation

The Living Classrooms Foundation will provide the schooner Lady Maryland for a mock gun battle as part of a promotional filming in the Inner Harbor for the Arts and Entertainment (A&E) Network on March 27, 1999. The Coast Guard is establishing a temporary safety zone 300 yards ahead and astern of, and 300 yards to port and starboard side of, the schooner Lady Maryland. A Coast Guard patrol commander will be assigned to control spectator and commercial vessels during this event. This safety zone is effective from 12:30 p.m. to 2:30 p.m. March 27, 1999. The Captain of the Port will notify the public of changes in the status of the zone by Marine Safety Radio Broadcast. Entry into this zone is prohibited unless authorized by the Captain of the Port.

Regulatory Evaluation

This temporary 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 F.R. 11040; February 26, 1979). This temporary rule affects only a limited area outside of the main shipping channels. Therefore, the Coast Guard expects the economic impact of this proposal to be so minimal that a full Regulatory Evaluation under paragraph 10(e) of the regulatory policies and procedures of DOT is unnecessary.

Collection of Information

This rule contains 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 has considered the environmental impact of this temporary rule and concluded that under figure 2-1, paragraph (34)(g), of Commandant Instruction M16475.1C, this rule is categorically excluded from further environmental documentation. Regulations establishing safety zones are excluded under that authority.

List of Subjects in 33 CFR Part 165

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

Regulation

For the reasons set out in the preamble, the Coast Guard amends 33 CFR part 165 as follows:

PART 165--[AMENDED]

  1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 6.04-6, and 160.5; and 49 CFR 1.46. Section 165.100 is also issued under authority of Sec. 311, Pub. L. 105-383.

  2. A temporary Sec. 165.T05-009 is added to read as follows:

    Sec. 165.T05-009 Safety Zone: Patapsco River, Inner Harbor, Baltimore, Maryland.

    (a) Location. The following area is a safety zone: All waters of the Inner Harbor, adjacent to Hawkins Point Shoal, enclosed within an area approximately 300 yards ahead and astern of, and 300 yards to port and starboard of, the schooner Lady Maryland.

    (b) Definitions. (1) Captain of the Port (COTP) means the Commanding Officer of Coast Guard Activities Baltimore or any commissioned, warrant, or petty officer who has been authorized by the Captain of the Port to act on his behalf.

    (c) Regulations. (1) In accordance with the general requirements in section 165.23 of this part, entry into this zone is prohibited unless authorized by the Captain of the Port.

    (2) Persons or vessels wishing to enter or pass through the safety zone must first request authorization from the COTP or designated representative. Coast Guard patrol vessels enforcing the safety zone can be contacted on VHF-FM Marine Band Radio, channel 16. The Captain of the Port can be contacted at telephone number (410) 576-2693.

    (3) The Captain of the Port will notify the public of any changes in the status of this zone by a Marine Safety Radio

    [[Page 13916]]

    Broadcast on VHF-FM Marine Band Radio, channel 22 (157.1 MHz).

    (d) Effective dates: This regulation is effective from 12:30 p.m. to 2:30 p.m. March 27, 1999.

    Dated: March 4, 1999. C.L. Miller, Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.

    [FR Doc. 99-7092Filed3-22-99; 8:45 am]

    BILLING CODE 4910-15-M

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