[Federal Register Volume 59, Number 218 (Monday, November 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28037]


[[Page Unknown]]

[Federal Register: November 14, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Baltimore 94-029]
RIN 2115-AA97

 

Safety Zone Regulation; Retrieval and Removal of Ordnance at 
Solomon's Naval Annex, Patuxent River, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard Marine Safety Office Baltimore is establishing 
a safety zone for Patuxent River, Solomon's Naval Annex, MD. to permit 
the retrieval, transport and disarming of supposedly inert ordinance by 
Navy EOD personnel. This safety zone is necessary to control boat 
traffic and to provide for the safety of life and property on U.S. 
navigable waters during the operation. Entry into this zone is 
prohibited unless authorized by the Captain of the Port.

EFFECTIVE DATE: This regulation will be effective from November 15, 
1994 until November 23, 1994 during daylight hours only, unless sooner 
terminated.

FOR FURTHER INFORMATION CONTACT:
Chief Warrant Officer Eugene Zimbalkin, U.S. Coast Guard Marine Safety 
Office Baltimore, U.S. Custom House, 40 South Gay Street, Baltimore, 
Maryland 21202-4022, (410) 962-5100.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of 
Proposed Rulemaking has not been published for this regulation and good 
cause exists for making it effective in less than 30 days from the date 
of publication. The approved timeline for this operation was not 
submitted to Coast Guard Marine Safety Office Baltimore until the 
middle of October 1994 and there was not sufficient time remaining to 
publish proposed rules in advance of the event or, to provide for a 
delayed effective date. Publishing an NPRM and delaying its effective 
date would be contrary to the public interest since immediate action is 
needed to safeguard vessel traffic from the possible dangers associated 
with the transport of ordnance.

Background and Purpose

    Over the years much inert ordnance (practice ordnance) has 
accumulated on the east bank of the Patuxent River in the vicinity of 
Solomon's Naval Annex. Several pieces have been uncovered during an 
ordnance sweep. They will be retrieved, transported by land 1000 yards 
upriver to a remote land site, and disarmed. Depending on any 
additional ordnance uncovered, the entire operation may take from two 
to eight days. A safety zone has been determined to be necessary to 
safeguard waterways users of the Patuxent River in this area.

Discussion of Regulations

    Coast Guard Marine Safety Office Baltimore is establishing a safety 
zone around the EOD retrieval, transport and disarming operation to be 
held in the Patuxent River. The safety zone will ecompass all waters of 
the Patuxent River which fall within a 2800-yard diameter circle with 
the epicenter of the circle being the position 38 degrees 19 minutes 55 
seconds north, 078 degrees 28 minutes 41 seconds West.
    While the operation may take as long as eight days, this section of 
the Patuxent River should only be closed intermittently (2-4 hours 
daily during daylight hours) during the duration of this safety zone. 
Vessel traffic should not be severely disrupted.
    Only the retrieval of one specific piece of ordnance (supposedly 
inert Mark 82 bomb) on November 15, 1994 will require complete closure 
of this section of the Patuxent River for a short period (2-4 hours). 
Notification of this closure will be broadcast two days before such 
operation is to take place, during the effective time period. During 
remainder of the operation traffic will be allowed to pass on the west 
side of the river.

Drafting Information

    The drafters of this regulation are Chief Warrant Officer Eugene 
Zimbalkin, project officer for the Captain of the Port, Baltimore, 
Maryland and Lieutenant Kathleen A Duignan, project attorney, Fifth 
Coast Guard District Legal Staff.

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.

Small Entities

    Due to the intermittent nature and short duration of this safety 
zone the Coast Guard expects the impact of this rule to be minimal. The 
Coast Guard also certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
proposal consistent with Section 2.B.2.c. of Commandant Instruction 
M16475.1B, and actions to protect public safety have been determined to 
be categorically excluded from further environmental documentation.

Federalism Assessment

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rule will not have sufficient federalism implications to 
warrant preparation of a Federalism Assessment.

List of Subjects in 33 CFR 165

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

Regulation

    In consideration of the foregoing, Subpart F of Part 165 of Title 
33, Code of Federal Regulations is amended 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), 
6.04-1, 6.04-6, and 160.5; 48 CFR 1.46.

    2. In part 165 a temporary section 165.T05-098 is added to read as 
follows:


Sec. 165.T05-098  Safety Zone: Retrieval and removal of inert ordnance, 
Solomon's Annex, Patuxent River, MD.

    (a) Location. The following area is a safety zone: All waters 
within an area measured 1400 yards radius from the center of a circle, 
epicenter of the circle located at:


Latitude                             Longitude                          
                                                                        
38 deg. 19' 55'' N.                  078 deg. 28' 41'' W.               
                                                                        
                                                                        

    (b) Definitions. The designated representative of the Captain of 
the Port is any Coast Guard commissioned, warrant or petty officer who 
has been authorized by the Captain of the Port, Baltimore, Maryland to 
act on his behalf.
    (c) General information. The Captain of the Port and the Duty 
Officer at the Marine Safety Office, Baltimore, Maryland can be 
contacted at telephone number (410) 962-5100. The Coast Guard Patrol 
Commander and the senior boarding officer on each vessel enforcing the 
safety zone can be contacted on VHF-FM channels 13 and 16.
    (d) Regulations.
    (1) In accordance with general regulations in 165.23 of this part, 
entry into this safety zone is prohibited unless authorized by the 
Captain of the Port or his designated representative.
    (2) The operator of any vessel which enters into or operates in 
this safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on board a vessel displaying a 
Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a Coast Guard Ensign.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a) of this section, but may not block a 
navigable channel.
    (e) Effective date. This section is effective from November 15, 
1994 to November 23, 1994, during daylight hours, unless terminated 
sooner by the Captain of the Port, Baltimore, Maryland.

    Dated: November 1, 1944.
G.S. Cope,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 94-28037 Filed 11-10-94; 8:45 am]
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