24436 Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–005]

RIN 2115–AA97

Safety Zone: Coast Guard Activities

New York Annual Fireworks Displays

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish five permanent safety zones for

annual fireworks displays located on

Sandy Hook Bay, Rondout Creek,

Hempstead Harbor, the Arthur Kill, and

the Hudson River. This action is

necessary to provide for the safety of life

on navigable waters during the events.

This action is intended to restrict vessel

traffic in a portion of Sandy Hook Bay,

Rondout Creek, Hempstead Harbor, the

Arthur Kill, and the Hudson River.

DATES: Comments and related material

must reach the Coast Guard on or before

May 26, 2000.

ADDRESSES: You may mail comments

and related material to Waterways

Oversight Branch (CGD01–00–005),

Coast Guard Activities New York, 212

Coast Guard Drive, room 205, Staten

Island, New York 10305. The

Waterways Oversight Branch of Coast

Guard Activities New York maintains

the public docket for this rulemaking.

Comments and material 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 room 205,

Coast Guard Activities New York,

between 8 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant J. Lopez, Waterways

Oversight Branch, Coast Guard

Activities New York (718) 354–4193.

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 (CGD01–00–005),

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. The comment

period for this proposed regulation is 30

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. If you

would like to know they reached us,

please enclose a stamped, self-addressed

postcard or envelope. 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 the

Waterways Oversight Branch at the

address under ADDRESSES 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 Coast Guard proposes to establish

five permanent safety zones that will be

activated for fireworks displays

occurring at the same location and time

on an annual basis. The five locations

are Highlands, New Jersey in Sandy

Hook Bay; Kingston, New York on

Rondout Creek; Glen Cove, New York

on Hempstead Harbor; Elizabeth, New

Jersey on the Arthur Kill; and Yonkers,

New York on the Hudson River.

Establishing permanent safety zones by

notice and comment rulemaking gives

the public the opportunity to comment

on the proposed zones, provides better

notice than promulgating temporary

rules annually, and decreases the

amount of annual paperwork required

for these events. The Coast Guard has

received no prior notice of any impact

caused by the previous events.

Discussion of Proposed Rule

The proposed sizes of these safety

zones were determined using National

Fire Protection Association and New

York City Fire Department standards for

5–12 inch mortars fired from a barge or

shore, combined with the Coast Guard’s

knowledge of tide and current

conditions in these areas. The five

proposed safety zones are:

Clamfest Fireworks, Highlands, New

Jersey, Sandy Hook Bay

The Highlands Chamber of Commerce

and Seastreak America sponsor this

annual fireworks display. The proposed

safety zone in Sandy Hook Bay includes

all waters of Sandy Hook Bay and the

Shrewsbury River Channel within a

150-yard radius of the fireworks barge in

approximate position 40°24′34′′ N

073°59′45′′ W (NAD 1983), about 140

yards south of Shrewsbury River

Channel Lighted Buoy 9 (LLNR 35775).

The proposed regulation is effective

annually from 8 p.m. e.s.t. to 11 p.m.

e.s.t. on the Saturday before Father’s

Day. The proposed safety zone closes a

portion of southern Sandy Hook Bay

and the Shrewsbury River Channel and

would prevent marine traffic from

transiting a portion of these two areas.

It is needed to protect boaters from the

hazards associated with fireworks

launched from a barge in the area.

Kingston, New York Fireworks,

Rondout Creek

The city of Kingston, New York

sponsors this annual fireworks display.

The proposed safety zone in Rondout

Creek includes all waters of Rondout

Creek between the Kingston-Port Ewen

Bridge (mile 1.1) and the Kingston-US 9

Bridge (mile 1.3). The fireworks are

fired from shore at the Kingston

Municipal Docks. The proposed

regulation is effective annually from 8

p.m. e.s.t. to 11 p.m. e.s.t. on the last

Sunday in June. The proposed safety

zone closes a portion of Rondout Creek

and prevents marine traffic from

transiting the area. It is needed to

protect boaters from the hazards

associated with fireworks launched

from shore in the area.

Glen Cove, New York July 4th

Fireworks, Hempstead Harbor

The city of Glen Cove sponsors this

annual fireworks display. The proposed

safety zone in Hempstead Harbor

includes all waters of Hempstead

Harbor within a 360-yard radius of the

fireworks barge in approximate position

40°51′58′′ N 073°39′34′′ W (NAD 1983),

about 500 yards northeast of Glen Cove

Breakwater Light 5 (LLNR 27065). The

proposed regulation is effective

annually from 8 p.m. e.s.t. to 11 p.m.

e.s.t. on July 1st, 2nd, 3rd, 4th, and 5th.

The proposed safety zone prevents

vessels from transiting a portion of

Hempstead Harbor, and is needed to

protect boaters from the hazards

associated with fireworks launched

from a barge in the area. Marine traffic

will still be able to transit through the

western 1,075 yards of the 1,435 yard

wide Hempstead Harbor during the

event. Additionally, vessels are not

precluded from getting underway from

public or private facilities at Glen Cove

or Red Spring Point, NY, in the vicinity

of this event.

Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules 24437

Yonkers, New York Fireworks, Hudson

River

The proposed safety zone west of

Yonkers includes all waters of the

Hudson River within a 360-yard radius

of the fireworks barge in approximate

position 40°56′14.5′′ N 073°54′33′′ W

(NAD 1983), about 475 yards northwest

of Yonkers Municipal Pier, New York.

The proposed regulation is effective

annually from 8 p.m. e.s.t. to 11 p.m.

e.s.t. on July 4th and the third Saturday

of September. If either event is canceled

due to inclement weather, then this

event will be held on July 5th and the

third Sunday of September. The

proposed safety zone prevents vessels

from transiting a portion of the Hudson

River and is needed to protect boaters

from the hazards associated with

fireworks launched from a barge in the

area. Marine traffic will still be able to

transit through the western 715 yards

and eastern 115 yards of the 1550 yardwide Hudson River during the event.

Additionally, vessels would not be

precluded from mooring at or getting

underway from any piers in the vicinity

of the proposed safety zone.

Elizabeth, New Jersey July 4th

Fireworks, Arthur Kill

The city of Elizabeth sponsors this

annual fireworks display. The proposed

safety zone on the Arthur Kill includes

all waters of the Arthur Kill within a

150-yard radius of the fireworks land

shoot in Elizabeth, New Jersey, in

approximate position 40°38′50′′ N

074°10′58′′ W (NAD 1983), about 675

yards west of Arthur Kill Channel Buoy

20 (LLNR 36780). The proposed

regulation is effective annually from 8

p.m. e.s.t. to 11 p.m. e.s.t. on July 4th.

If the event is canceled due to inclement

weather, then this event will be held on

July 5th. The proposed safety zone

prevents vessels from transiting a

portion of the Arthur Kill, and is needed

to protect boaters from the hazards

associated with fireworks launched

from shore in the area. Marine traffic

will still be able to transit through the

southern 90 yards of the Arthur Kill

opposite the display site in Elizabeth,

New Jersey during the event.

Additionally, vessels would not be

precluded from mooring at or getting

underway from any piers in the vicinity

of the proposed safety zone.

The effective period for each

proposed safety zone is from 8 p.m.

e.s.t. to 11 p.m. e.s.t. However, vessels

may enter, remain in, or transit through

these safety zones during this time

frame if authorized by the Captain of the

Port New York, or designated Coast

Guard patrol personnel on scene, as

provided for in 33 CFR 165.23.

Generally, blanket permission to enter,

remain in, or transit through these safety

zones will be given except for the 45-

minute period that a Coast Guard patrol

vessel is present.

This rule is being proposed to provide

for the safety of life on navigable waters

during the events, to give the marine

community the opportunity to comment

on the proposed zones, and to decrease

the amount of annual paperwork

required for these events.

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.

This finding is based on the minimal

time that vessels will be restricted from

the zones, and all of the zones are in

areas where the Coast Guard expects

insignificant adverse impact on all

mariners from the zones’ activation. The

sponsors of the displays held in

Highlands, NJ and Kingston, NY

reported they have not received any

objections from the public for these

displays dating back to 1997. The

display in Highlands, NJ has been held

in the same location for 5 years and in

Kingston, NY for 10 years. The Coast

Guard has not received any negative

comments on these annual displays.

Marine traffic will only be precluded

from transiting around these safety

zones in southern Sandy Hook Bay and

Rondout Creek. There is sufficient open

water for expected marine traffic to

transit around the other three safety

zones. There are no commercial

maritime facilities that would be

affected by these regulated areas.

Vessels may also still transit through

Sandy Hook Bay, Hempstead Harbor,

the Arthur Kill, and the Hudson River

during these events. Vessels would not

be precluded from getting underway, or

mooring at, any piers or marinas

currently located in the vicinity of the

proposed safety zones with the

exception of the locations in Sandy

Hook Bay and Rondout Creek.

Additionally, marine traffic can plan

their transits through Rondout Creek,

Sandy Hook Bay, and the Shrewsbury

River Channel around the time the

Kingston, New York and Highlands,

New Jersey safety zones are in effect.

The marine community will have

advance notice of these two events as

they are annual events with local

community support. Advance

notifications will also be made to the

local maritime community by the Local

Notice to Mariners, marine information

broadcasts, and facsimile broadcasts, if

needed.

The proposed size of these safety

zones were determined using National

Fire Protection Association and New

York City Fire Department standards for

5–12 inch mortars fired from a barge or

shore, combined with the Coast Guard’s

knowledge of tide and current

conditions in these areas.

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 transit

or anchor in a portion of Sandy Hook

Bay, Rondout Creek, Hempstead Harbor,

the Arthur Kill, and the Hudson River

during the times these zones are

activated.

These safety zones would not have a

significant economic impact on a

substantial number of small entities for

the following reasons: Vessel traffic

could transit around the safety zones

with the exception of the locations in

Sandy Hook Bay and Rondout Creek.

Vessels would not be precluded from

getting underway, or mooring at, any

piers or marinas currently located in the

vicinity of the proposed safety zones

with the exception of the locations in

Sandy Hook Bay and Rondout Creek.

The sponsors of the displays held in

Highlands, NJ and Kingston, NY

reported they have not received any

objections from the public for these

displays dating back to 1997. The

display in Highlands, NJ has been held

in the same location for 5 years and in

24438 Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules

Kingston, NY for 10 years. There are no

commercial marine facilities that would

be affected by any of these regulated

areas. These are all annual events with

local community support and vessels

will normally be precluded from

entering any of the zones for only a 45-

minute period on an annual basis.

Additionally, the Coast Guard has not

received any negative reports from small

entities affected by these displays.

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 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 Lieutenant J.

Lopez, Waterways Oversight Branch,

Coast Guard Activities New York (718)

354–4193.

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 proposed rule fits paragraph 34(g)

as it establishes six safety zones. A

‘‘Categorical Exclusion Determination’’

is available in the docket where

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons discussed in the

preamble, the Coast Guard proposes to

amend 33 CFR part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

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), 6.04–1, 6.04–6, 160.5; 49

CFR 1.46.

2. Add § 165.161 to read as follows:

§ 165.161 Safety Zones: Coast Guard

Activities New York Annual Fireworks

Displays.

(a) Safety Zones. The following areas

are designated safety zones:

(1) Clamfest Fireworks, Highlands,

New Jersey, Sandy Hook Bay:

(i) Location. All waters of Sandy Hook

Bay within a 150-yard radius of the

fireworks barge in approximate position

40°24′34′′ N 073°59′45′′ W (NAD 1983),

about 140 yards south of Shrewsbury

River Channel Lighted Buoy 9 (LLNR

35775).

(ii) Effective period. Paragraph (a)(1)(i)

is in effect annually from 8 p.m. e.s.t. to

11 p.m. e.s.t. on the Saturday before

Father’s Day.

(2) Kingston, New York Fireworks,

Rondout Creek Safety Zone:

(i) Location. All waters of Rondout

Creek between the Kingston-Port Ewen

Bridge (mile 1.1) and the Kingston-US 9

Bridge (mile 1.3).

(ii) Effective period. Paragraph (a)(2)(i)

is in effect annually from 8 p.m. e.s.t. to

11 p.m. e.s.t. on the last Saturday in

June.

(3) Glen Cove, New York July 4th

Fireworks Safety Zone:

(i) Location. All waters of Hempstead

Harbor within a 360-yard radius of the

fireworks barge in approximate position

40°51′58′′ N 073°39′34′′ W (NAD 1983),

about 500 yards northeast of Glen Cove

Breakwater Light 5 (LLNR 27065).

(ii) Effective period. Paragraph (a)(3)(i)

is in effect annually from 8 p.m. e.s.t. to

11 p.m. e.s.t. on July 1st, 2nd, 3rd, 4th,

and 5th.

(4) Yonkers, New York Fireworks

Safety Zone:

(i) Location. All waters of the Hudson

River within a 360-yard radius of the

fireworks barge in approximate position

40°56’14.5’’N 073°54′33′′ W (NAD

1983), about 475 yards northwest of

Yonkers Municipal Pier, New York.

(ii) Effective period. Paragraph (a)(4)(i)

is in effect annually from 8 p.m. e.s.t. to

11 p.m. e.s.t. on July 4th and the third

Saturday of September. If the event is

canceled due to inclement weather, then

paragraph (a)(4)(i) is effective on July

5th and the third Sunday of September.

(5) Elizabeth, New Jersey July 4th

Fireworks, Arthur Kill, Safety Zone:

(i) Location. All waters of the Arthur

Kill within a 150-yard radius of the

fireworks land shoot in Elizabeth, New

Jersey, in approximate position

40°38′50′′ N 074°10′58′′ W (NAD 1983),

about 675 yards west of Arthur Kill

Channel Buoy 20 (LLNR 36780).

(ii) Effective period. Paragraph (a)(5)(i)

is in effect annually from 8 p.m. e.s.t. to

11 p.m. e.s.t. on July 4th. If the event is

canceled due to inclement weather, then

paragraph (a)(5)(i) is effective from 8

p.m. e.s.t. to 11 p.m. e.s.t. on July 5th.

(b) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on-scene-patrol personnel.

These personnel comprise

commissioned, warrant, and petty

officers of the Coast Guard. Upon being

hailed by a U. S. Coast Guard vessel by

siren, radio, flashing light, or other

means, the operator of a vessel shall

proceed as directed.

Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules 24439

Dated: March 28, 2000.

R. E. Bennis,

Captain, U.S. Coast Guard, Captain of the

Port, New York.

[FR Doc. 00–10443 Filed 4–21–00; 4:20 pm]

BILLING CODE 4910–15–P

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.

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.