[Federal Register Volume 65, Number 81 (Wednesday, April 26, 2000)]
[Proposed Rules]
[Pages 24439-24440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10500]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 05-00-004]
RIN 2115-AA97


Safety Zone; Transit of S/V Amerigo Vespucci, Chesapeake Bay, 
Baltimore, MD

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary moving 
safety zone in the Chesapeake Bay and the Port of Baltimore, Maryland 
during the transit of the sailing vessel Amerigo Vespucci through those 
waters. This action is necessary to provide for the safety of life on 
navigable waters during the vessel's transit. This action will restrict 
vessel traffic in portions of the Chesapeake Bay and the Port of 
Baltimore.

DATES: Comments and related material must reach the Coast Guard on or 
before May 16, 2000.

ADDRESSES: You may mail comments and related material to Commander, 
U.S. Coast Guard Activities, 2401 Hawkins Point Road, Baltimore, 
Maryland 21226-1791, or deliver them to the same address between 8 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays. Commander, 
U.S. Coast Guard Activities, 2401 Hawkins Point Road, Baltimore, 
Maryland 21226-1791 maintains the public docket for this rulemaking. 
Comments and materials 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 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer Ron Houck, Port 
Safety and Security Section, 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 (CGD05-00-
004), 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 
81/2 by 11 inches, suitable for copying. If you would like to know they 
reached us, please enclose a stamped, self-addressed postcard or 
envelope. The comment period for this proposed regulation is 20 days. 
This time period is adequate to allow local input because the event is 
highly publicized. The shortened comment period will allow the full 30-
day publication requirement prior to the final rule becoming effective. 
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 Commander, (Aoax), Fifth Coast 
Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, 
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

    The sailing vessel Amerigo Vespucci is planning to transit the 
waters of the Chesapeake Bay enroute to the Port of Baltimore, Maryland 
on June 21, 2000 and enroute from the Port of Baltimore, Maryland on 
June 24, 2000. The transits of this 330-foot sailing vessel are 
expected to attract a large fleet of spectator vessels. The purpose of 
these regulations is to promote maritime safety and protect the sailing 
vessel and the boating public during these transits by establishing a 
safety buffer around the sailing vessel.

Discussion of Proposed Rule

    The Coast Guard proposes establishing a temporary moving safety 
zone around the 330-foot sailing vessel, Amerigo Vespucci, during her 
transit of Chesapeake Bay enroute to the Port of Baltimore, Maryland on 
June 21, 2000 and enroute from the Port of Baltimore on June 24, 2000. 
The safety zone will include all waters within 150 yards ahead of or 50 
yards abeam or astern of the vessel while she is transiting the area. 
No vessels will be allowed to enter or navigate within this area unless 
authorized by the Captain of the Port.

Regulatory Evaluation

    This proposed 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).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    These regulations are limited in duration, affect only a limited 
area, and will be well publicized to allow mariners to make alternative 
plans for transiting the affected area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 operate or anchor in portions of the Chesapeake Bay and 
the Port of Baltimore, Maryland. The regulations would not have a 
significant impact on a substantial number of small entities for the 
following reasons: the restrictions are limited in duration, affect 
only limited areas, and will be well publicized to allow mariners to 
make alternative plans for transiting the affected areas.
    If you think that your business, organization or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it.

[[Page 24440]]

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 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 Commander (Aoax), Fifth Coast 
Guard District, 431Crawford Street, Portsmouth, Virginia 23704-5004.

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

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 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.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.1C; this proposed rule is categorically excluded 
from further environmental documentation. This rule will have no affect 
on the environment.

List of Subjects in 33 CFR Part 165

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

Regulation

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. 1225 and 1231; 50 U.S.C. 191; 33 CFR 1.05-
1(g), 6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T05-004 to read as follows:


Sec. 165.T05-004  Safety Zone; Transit of S/V Amerigo Vespucci, 
Chesapeake Bay, Baltimore, MD

    (a) Definitions: Captain of the Port means the Commander, Coast 
Guard Activities Baltimore or any Coast Guard commissioned, warrant, or 
petty officer who has been authorized by the Captain of the Port to act 
on his behalf.
    (b) Location. The following area is a moving safety zone: All 
waters within 150 yards ahead of or 50 yards abeam or astern of the 
sailing vessel Amerigo Vespucci, while the vessel is operating on the 
Chesapeake Bay or its tributaries, north of the Maryland-Virginia 
border and south of latitude 39 deg.35'00".
    (c) Regulations.
    (1) All persons are required to comply with the general regulations 
governing safety zones in Sec. 165.23 of this part.
    (2) No person or vessel may enter or navigate within the regulated 
areas unless authorized to do so by the Captain of the Port. Any person 
or vessel authorized to enter the regulated areas must operate in 
strict conformance with any directions given by the Captain of the Port 
and leave the regulated area immediately if the Captain of the Port so 
orders.
    (3) The Coast Guard vessels enforcing this section can be contacted 
on VHF Marine Band Radio, channels 13 and 16. The Captain of the Port 
can be contacted at telephone number (410) 576-2521 or 2693.
    (4) The Captain of the Port will notify the public of any changes 
in the status of this zone by a Marine Safety Radio Broadcast on VHF-FM 
marine band radio, channel 22 (157.1 MHZ).
    (d) Effective dates: These regulations are effective from 6 a.m. to 
6 p.m. on June 21, 2000 and June 24, 2000.

    Dated: April 21, 2000.
C. L. Miller,
Captain, U.S. Coast Guard, Captain of the Port of Baltimore.
[FR Doc. 00-10500 Filed 4-24-00; 1:23 pm]
BILLING CODE 4910-15-U