[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21957-21959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11899]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 3

[CGD 96-016]
RIN 2115-AF31


First and Fifth District Boundaries, Marine Inspection and 
Captain of the Port Zone Boundaries

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the boundary between the First and 
Fifth Districts and revising the descriptions of several Marine 
Inspection and Captain of the Port Zone boundaries in the First and 
Fifth Districts. The Marine Inspection Zone that covers the New York 
and Long Island Sound Captain of the Port Zones is being split into two 
Marine Inspection Zones, each of which will be the same geographic area 
as its respective Captain of the Port Zone. These changes clarify Coast 
Guard geographic area responsibilities both in the First and Fifth 
Coast Guard Districts. These changes are administrative and will impact 
Coast Guard services.

EFFECTIVE DATE: This rule is effective on April 15, 1996.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection or copying at the office of the 
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast 
Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC 
20593-0001, between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal Holidays. The telephone number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT: Richard Schaefer, Project Manager, 
Program Branch, Search Rescue Division (G-NRS-1), (202) 267-1089.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The Coast Guard is revising 33 CFR part 3 to reflect a change in 
the boundaries of the First and Fifth Districts. The First District, 
headquartered in Boston, includes New England and the State and City of 
New York and is located immediately to the north of the Fifth District 
which includes the mid-Atlantic area and is headquartered in 
Portsmouth, Virginia. The Coast Guard has moved the boundary between 
the districts approximately 21 miles north, thereby enlarging the area 
of the Fifth District and reducing the area of the First District.
    Portions of the area transferred from the First to the Fifth 
District which are currently part of the New York Captain of the Port 
Zone become part of the Philadelphia Marine Inspection Zone and Captain 
of the Port Zone, and the Hampton Roads Marine Inspection Zone and 
Captain of the Port Zone. The boundaries of the Philadelphia and 
Hampton Roads Zones are amended to reflect this additional area.
    Additionally, within the First District, two new Marine Inspection 
Zones are being established. Previously, the New York and Long Island 
Captain of the Port Zones together comprised a single Marine Inspection 
Zone. This single Marine Inspection Zone is being divided into two new 
zones. One new Marine Inspection Zone will have the same boundaries as 
the New York Captain of the Port Zone, and the other new Marine 
Inspection Zone will have the same boundaries as the Long Island Sound 
Captain of the Port Zone.

Discussion of Changes

    The current descriptions do not reflect the changes in these 
District and Marine Inspection and Captain of the Port Zone boundaries. 
This rule revises these descriptions. The Coast Guard is proceeding 
directly to a final rule under section 553(b)(3)(A) of the 
Administrative Procedures Act (5 U.S.C. 551 et seq.) which excludes 
rulemakings relating to agency organization, procedure, or practice 
from the requirements of public notice and comment. These changes are 
administrative and will not impact Coast Guard services.
    Section 3.05-1. This section is revised to describe the First 
District's new boundaries. Portions of northern New Jersey which were 
formerly in the First District are now in the Fifth District. The new 
boundary line between the districts in New Jersey moves approximately 
21 miles north from 39 deg.57' N. latitude at the Toms River to 
40 deg.18' N. latitude, just south of the Shrewsbury River. The 
offshore boundary in the Atlantic Ocean moves north an equal distance.
    Section 3.05-25. This section, describing the New York Marine 
Inspection Zone, is removed.
    Section 3.05-30. This section, describing the New York Captain of 
the Port Zone, is revised to describe the boundaries of the new New 
York Captain of the Port Zone and the new New York Marine Inspection 
Zone, both of which have the same boundaries.
    Section 3-05-35. This section, describing the Long Island Sound 
Captain of the Port Zone, is revised to describe the boundaries of the 
new Long Island Sound Captain of the Port Zone and the new Long Island 
Sound Marine Inspection Zone, both of which have the same boundaries.
    Section 3-25-1. This section, describing the Fifth District 
boundaries, is revised to add those portions of New Jersey and adjacent 
offshore waters of the Atlantic Ocean which previously were in the 
First District. All of Ocean County, NJ, the southern half of

[[Page 21958]]

Monmouth County, NJ, north of 40 deg.18' N. latitude and Atlantic Ocean 
waters adjacent will be within the boundaries of the Fifth District.
    3.25-05. This section, describing the Philadelphia Marine 
Inspection Zone and Captain of the Port Zone, is revised to add those 
portions of New Jersey and adjacent offshore waters of the Atlantic 
Ocean north of 38 deg.28' N. latitude which previously were in the New 
York Captain of the Port Zone. All of Ocean County, NJ, the southern 
half of Monmouth County, NJ, north of 40 deg.18' N. latitude and 
Atlantic Ocean waters adjacent will be within the boundaries of the 
Philadelphia Marine Inspection and Captain of the Port Zones.
    Section 3.25-10. This section, describing the Hampton Roads Marine 
Inspection Zone and Captain of the Port Zone, is revised to add those 
portions of the Atlantic Ocean south of 38 deg.28' N. latitude which 
previously were in the New York Captain of the Port Zone.

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 not been reviewed 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 full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. As 
this rule involves internal agency practices and procedures, it will 
not impose any costs on the public.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

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 paragraph 2.B.2 of Commandant Instruction 
M16475.1B, this rule is categorically excluded from further 
environmental documentation. This exclusion is in accordance with 
paragraphs 2.B.2.e (34) (a) and (b), concerning regulations that are 
editorial or procedural and concerning internal agency functions or 
organization. A ``Categorical Exclusion Determination'' is available in 
the docket for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 3

    Organization and functions (Government agencies). For the reasons 
set out in the preamble, the Coast Guard amends 33 CFR part 3 as 
follows:

PART 3--COAST GUARD AREAS, DISTRICTS, MARINE INSPECTION ZONES, AND 
CAPTAIN OF THE PORT ZONES

    1. The authority citation for part 3 continues to read as follows:

    Authority: 14 U.S.C. 633; 49 CFR 1.45, 1.46.

    2. In section 3.05-1, paragraph (b) is revised to read as follows:


Sec. 3.05-1  First district.

* * * * *
    (b) The First Coast Guard District is comprised of: Maine; New 
Hampshire; Vermont; Massachusetts; Rhode Island; Connecticut; New York 
except that part north of latitude 42 deg. N. and west of longitude 
74 deg.39' W; that part of New Jersey north of 40 deg.18' N. latitude, 
east of 74 deg.30.5' W. longitude, and northeast of a line from 
40 deg.18' N. 74 deg.30.5' W. north-northwesterly to the New York, New 
Jersey & Pennsylvania boundaries at Tristate; all U.S. Naval 
reservations on shore at Newfoundland; the ocean area encompassed by 
the Search and Rescue boundary between Canada and the United States 
easterly to longitude 63 deg. W.; thence due south to latitude 41 deg. 
N.; thence southwesterly along a line bearing 219 deg.T to the point of 
intersection at 37 deg. N. latitude, 67 deg.13' W. longitude with a 
line bearing 122 deg.T from the New Jersey shoreline at 40 deg.18' N. 
latitude (just south of the Shrewsbury River); thence northwesterly 
along this line to the coast.


Sec. 3.05-25  [Removed]

    3. Section 3.05-25 is removed.
    4. Section 3.05-30 is revised to read as follows:


Sec. 3.05-30  New York Marine Inspection Zone and Captain of the Port 
Zone.

    (a) The New York Marine Inspection Office and Captain of the Port 
Office is located in New York, New York.
    (b) The boundary of the New York Marine Inspection Zone and Captain 
of the Port Zone starts on the south shore of Long Island at 
40 deg.35.4' N. latitude, 73 deg.46.6' W. longitude and proceeds 
southeasterly along a line bearing 127.5 deg.T to 38 deg.28' N. 
latitude, 70 deg.11' W. longitude; thence northwesterly along a line 
bearing 122 deg.T from the New Jersey coast at 40 deg.18' N. latitude; 
thence west along 40 deg.18' N. latitude to 74 deg.30.5' W. longitude; 
thence northwesterly to the intersection of the New York-New Jersey-
Pennsylvania boundaries at Tristate; thence northwesterly along the 
east bank of the Delaware River to 42 deg.00' N. latitude; thence east 
to 74 deg.39' W. longitude; thence north to the Canadian border; thence 
easterly along the Canadian Border to the northeast corner of the 
Orleans County line in Vermont; thence following the eastern and 
southern boundaries of Orleans, Franklin, Chittenden, Addison, and 
Ruthland Counties to the Vermont-New York boundary; thence southerly 
along the New York boundary to 41 deg.01.5' N. latitude, 73 deg.40' W. 
longitude; thence southerly to the southern shore of Manursing Island 
at 40 deg.58' N. latitude, 73 deg.40' W. longitude; thence 
southeasterly to 40 deg.52.5' N. latitude, 73 deg.37.2' W. longitude; 
thence southerly to 40 deg.40' N. latitude, 73 deg.40' W. longitude; 
thence southwesterly to the point of origin.
    5. Section 3.05-35 is revised to read as follows:


Sec. 3.05-35  Long Island Sound Marine Inspection and Captain of the 
Port Zone.

    (a) The Long Island Sound Marine Inspection Office and Captain of 
the Port Office is located in New Haven, Connecticut.
    (b) The boundary of the Long Island Sound Marine Inspection Zone 
and Captain of the Port Zone starts at 40 deg.35.4' N. latitude, 
73 deg.46.6' W. longitude; thence proceeds along a line northwesterly 
to 40 deg.40' N. latitude, 73 deg.40' W. longitude; thence to 
40 deg.52.5' N. latitude, 73 deg.37.2' W. longitude; thence northwest 
to the south shore of Manursing Island at 40 deg.58' N. latitude, 
73 deg.40' W. longitude; thence northerly to the Connecticut-New York 
boundary at 41 deg.01.5' N. latitude, 73 deg.40' w. longitude; thence 
north along the western boundary of Connecticut to the Massachusetts-
Connecticut boundary; thence east along the southern boundary of 
Massachusetts, including the waters of the Congamond Lakes, to the 
Rhode Island boundary; thence south along the Connecticut-Rhode Island 
boundary, excluding the waters of Beach Pond, to 41 deg.24' N. 
latitude, 71 deg.48' W. longitude; thence southerly to 41 deg.21' N. 
latitude, 71 deg.48.5' W. longitude at Westerly, Rhode Island; thence 
southwesterly to Watch Hill Light, Rhode Island. The

[[Page 21959]]

northern offshore boundary is a line bearing 132 deg.T from Watch Hill 
Light to the outermost extent of the EEZ. The southern offshore 
boundary extends along a line bearing 127.5 deg.T from the south shore 
of Long Island at 40 deg.35.4' N. latitude, 73 deg.46.6' W. longitude 
to 38 deg.28' N. latitude, 70 deg.11' W. longitude; thence easterly to 
the outermost extent of the EEZ; thence northerly along the outermost 
extent of the EEZ to the intersection of the northern boundary.
    6. In section 3.25-1, paragraph (b) is revised to read as follows:


Sec. 3.25-1  Fifth district.

* * * * *
    (b) The Fifth Coast Guard District is comprised of: North Carolina; 
Virginia; District of Columbia; Maryland; Delaware; that part of 
Pennsylvania east of a line drawn along 78 deg.55' W. longitude south 
to 41 deg.00' N. latitude, thence west to 79 deg.00' W. longitude, and 
thence south to the Pennsylvania-Maryland boundary; that portion of New 
Jersey that lies south and west of a line drawn from the New Jersey 
shoreline at 40 deg.18' N. latitude (just south of the Shrewsbury 
River), thence westward to 40 deg.18' N. latitude, 74 deg.30.5' W. 
longitude, thence north-northwesterly to the junction of the New York, 
New Jersey, and Pennsylvania boundaries at Tristate; and the ocean area 
encompassed by a line bearing 122 deg.T from the coastal end of the 
First and Fifth Districts' land boundary at the intersection of the New 
Jersey shoreline and 40 deg.18' N. latitude (just south of the 
Shrewsbury River) to the southernmost point in the First Coast Guard 
District (a point located at approximately 37 deg. N. latitude, 
67 deg.13' W. longitude); thence along a line bearing 219 deg.T to the 
point of intersection with the ocean boundary between the Fifth and 
Seventh Coast Guard Districts, which is defined as a line bearing 
122 deg.T from the coastal end of the Fifth and Seventh Districts' land 
boundary at the shoreline at the North Carolina-South Carolina border, 
point located at approximately 30 deg.55' N. 73 deg. W.; thence 
northwesterly along this line to the coast.
    7. In section 3.25-05, paragraph (b) is revised to read as follows:


Sec. 3.25-05  Philadelphia Marine Inspection Zone and Captain of the 
Port Zone.

* * * * *
    (b) The boundary of the Philadelphia Marine Inspection zone and 
Captain of the Port Zone starts at the New Jersey coast at 40 deg.18' 
N. latitude, thence proceeds westward to 40 deg.18' N. latitude, 
74 deg.30.5' W. longitude, thence north-northwesterly to the junction 
of the New York, New Jersey, and Pennsylvania boundaries at Tristate; 
thence northwesterly along the east bank of the Delaware River to 
42 deg.00' N. latitude; thence west along the New York-Pennsylvania 
boundary to 78 deg.55' W. longitude; thence south to 41 deg.00' N. 
latitude; thence west to 79 deg.00' W. longitude; thence south to the 
Pennsylvania-Maryland boundary; thence east to the intersection of the 
Maryland-Delaware boundary; thence south and east along the Maryland-
Delaware boundary to the sea, including Fenwick Island Light. The 
offshore boundary starts at Fenwick Island Light and proceeds east 
along 38 deg.28' N. latitude to 70 deg.11' W. longitude; thence 
northwesterly along a line bearing 122 deg.T from the New Jersey Coast 
at 40 deg.18' N. latitude.
    8. In section 3.25-10, paragraph (b) is revised to read as follows:


Sec. 3.25-10  Hampton Roads Marine Inspection Zone and Captain of the 
Port Zone.

* * * * *
    (b) The boundary of the Hampton Roads Marine Inspection Zone and 
Captain of the Port Zone starts at the intersection of the Maryland-
Delaware boundary and the coast and proceeds along the Maryland-
Delaware boundary to a point 75 deg.30' W. longitude; thence southerly 
to a point 75 deg.30' W. longitude on the Maryland-Virginia boundary, 
thence westerly along the Maryland-Virginia boundary as it proceeds 
across the Delmarva Peninsula, Pocomoke River, Tangier and Pocomoke 
Sounds, and Chesapeake Bay; thence northwesterly along the Maryland-
Virginia boundary and the District of Columbia-Virginia boundary as 
those boundaries are formed along the southern bank of the Potomac 
River to the intersection of the Virginia-Maryland-West Virginia 
boundaries; thence southerly along the Virginia-West Virginia boundary 
and the Virginia-Kentucky boundary to the Tennessee boundary; thence 
eastward along the Virginia-Tennessee boundary to the Virginia-North 
Carolina boundary; thence eastward along the Virginia-North Carolina 
boundary to Kerr (Buggs Island) Lake; thence along the shore of Kerr 
Lake in North Carolina back to the Virginia-North Carolina boundary; 
thence eastward along the Virginia-North Carolina boundary to the west 
bank of the Chowan River; thence southerly along the west bank of the 
Chowan River to a point 36 deg.00' N. latitude, 76 deg.41' W. 
longitude; thence generally southerly and easterly along the western 
boundaries of Washington, and Hyde Counties to a point 35 deg.37' N. 
latitude, 76 deg.32' W. longitude; thence easterly to a point 
35 deg.37' N. latitude, 76 deg.00.5' W. longitude; thence generally 
southwesterly to a point 35 deg.01.5' N. latitude, 76 deg.20 W. 
longitude; thence easterly to the sea at 34 deg.59.8' N. latitude, 
76 deg.07.8 W. longitude. The offshore boundary starts at the 
intersection of the Maryland-Delaware boundary and the coast and 
proceeds east to a point 38 deg.28' N. latitude, 70 deg.11 W. 
longitude; thence southeasterly on a line bearing 122 deg. T to the 
outermost extent of the EEZ; thence southerly along the outermost 
extent of the EEZ to 34 deg.59.8' N. latitude; and thence westerly 
along 34 deg.59.8' latitude to the coast at 76 deg.07.8' W. longitude.

    Dated: April 10, 1996.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety an 
Waterway Services.
[FR Doc. 96-11899 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-14-M