[Federal Register Volume 60, Number 249 (Thursday, December 28, 1995)]
[Rules and Regulations]
[Pages 67060-67062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31375]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 3

[CGD 95-081]
RIN 2115-AF22


Fifth and Eighth District 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 amending the descriptions of several Marine 
Inspection and Captain of the Port zone boundaries in the Fifth Coast 
Guard District as a result of the consolidation of the Marine Safety 
Office Baltimore and Group Baltimore into a single unit, Activities 
Baltimore. The Coast Guard is also revising the descriptions of the 
former Marine Inspection and Captain of the Port Zones for Houston, TX 
and Galveston, TX to reflect their merger into a single zone. These 
changes will clarify Coast Guard geographic area responsibilities both 
in the Fifth and in the Eighth Coast Guard Districts. These changes are 
administrative and will not impact the type or level of Coast Guard 
services performed.

EFFECTIVE DATES: This rule is effective on December 28, 1995.

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:
Janet Walton, Project Manager, Standards Evaluation and Development 
Division (G-MES-2), (202) 267-0257.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

Fifth District--Activities Baltimore

    During 1995, the Coast Guard reorganized the Marine Safety Office 
Baltimore and Group Baltimore units by consolidating them into a single 
unit and redefining its geographic area of responsibility. The new 
unit, Activities Baltimore, is now the location of the Baltimore Marine 
Inspection Office (MI) and Captain of the Port Office (COTP), and its 
area of responsibility is now limited to the upper Chesapeake Bay and 
its tributaries, all within the State of Maryland. The Philadelphia 
Marine Inspection Zone and Captain of the Port Zone were enlarged to 
add those portions of the Chesapeake and Delaware Canal, and upper 
portions of the Nanticoke River located within the state of Delaware 
which formerly were in the Baltimore zone. The Hampton Roads Marine 
Inspection Zone and Captain of the Port Zone has been expanded to 
include portions of eastern Maryland, northern Virginia and the 
Atlantic Ocean which formerly had been part of the Baltimore Marine 
Inspection Zone and Captain of the Port Zone. The boundary between the 
Baltimore and Hampton Roads MI and COTP zones is now, starting from the 
intersection of the Virginia-Maryland-West Virginia boundaries, the 
southern bank of the Potomac River as it follows the Virginia-Maryland 
and Virginia-District of Columbia boundaries, the Virginia-Maryland 
boundary across the Chesapeake Bay and the western portion of Delmarva 
Peninsula, and a north-south line along 75 deg.30' W. longitude from 
the Virginia-Maryland boundary to the Maryland-Delaware boundary. The 
entire Commonwealth of Virginia and the eastern portion of Maryland 
along the Atlantic coast are now included within the Hampton Roads 
Marine Inspection Zone and COTP Zone.

Eighth District--Houston-Galveston

    Previously, the Coast Guard Marine Safety Offices in Houston and 
Galveston each exercised MI and COTP authority in their respective 
regions. The Coast Guard has consolidated the MI and COTP authority for 
both of these regions into one MI and COTP zone, Houston-Galveston. 
This merger streamlined the command and control of Marine Safety 
activities for the Houston and Galveston areas.

Discussion of Changes

    The current descriptions do not reflect the changes in these MI/
COTP zones. This rule will revise 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. Sec. 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 the type or level of 
Coast Guard services performed.
    Sec. 3.25-05. This section, describing the Philadelphia Marine 
Inspection Zone and Captain of the Port Zone, is revised to add those 
portions of the Chesapeake and Delaware Canal, and upper portions of 
the Nanticoke River located within the state of Delaware which 
previously were in the Baltimore zone. As a result, the entire state of 
Delaware will be within the boundaries of the Philadelphia Marine 
Inspection and Captain of the Port Zones.
    Sec. 3.25-10. This section, describing the Hampton Roads Marine 
Inspection Zone and Captain of the Port Zone, is being revised to add 
the northern portion of Virginia, the eastern portion of Maryland, and 
the portion of the Atlantic Ocean which previously were in the 
Baltimore MI and COTP Zones. Instead of the boundary between the 
Baltimore and Hampton Roads MI/COTP zones currently described by a line 
through northern Virginia and the Virginia-Maryland boundary across the 
Chesapeake Bay and the Delamarva Peninsula, the boundary is now, 
starting from the intersection of the Virginia-Maryland-West Virginia 
boundaries, the southern bank of the Potomac River as it follows the 
Virginia-Maryland and Virginia-District of Columbia boundaries, the 
Virginia-Maryland boundary across Chesapeake Bay and the western 
portion of Delmarva Peninsula, and a north-south line along 75 deg.30' 
W. longitude from the Virginia-Maryland boundary to the Maryland-
Delaware boundary, and then along that boundary to the ocean and 
further seaward. The entire Commonwealth of Virginia, the eastern 
portion of Maryland along the Atlantic coast, and the Atlantic Ocean 
adjacent to the Maryland coast to the outermost extent of the EEZ are 
now included within the Hampton Roads Marine Inspection Zone and 
Captain of the Port Zone. The Hampton Roads zones will border the 
Philadelphia Marine Inspection and Captain of the Port Zones from a 
point on the Maryland-Delaware boundary (75 deg.30' W. longitude) and 
along that boundary to the ocean and further seaward in the same manner 
as did the Baltimore MI/COTP zones.
    Sec. 3.25-15. This section, describing the Baltimore Marine 
Inspection Zone and Captain of the Port Zone, is revised to describe 
its new boundaries. The Chesapeake and Delaware Canal, and Nanticoke 
River, which were wholly within the Baltimore Marine Inspection and 
COTP Zones, are now divided between the Baltimore and Philadelphia 
zones at the Maryland-Delaware 

[[Page 67061]]
boundary. This section is also being revised so that Baltimore's common 
boundary with the Hampton Roads Marine Inspection and COTP Zones 
matches that described for section 3.25-10. The result will be that the 
Baltimore Marine Inspection Zone and COTP Zone will encompass the whole 
of the State of Maryland, including the Potomac River to the Virginia 
and District of Columbia boundaries, with the exception of that portion 
of Maryland east of 75 deg.30' N. longitude.
    Sec. 3.40-25. This section, describing the Houston Marine 
Inspection Zone and Captain of the Port Zone, is removed.
    Sec. 3.40-28. This section, describing the Houston-Galveston Marine 
Inspection Zone and Captain of the Port Zone, is added. The MSO Houston 
remains at the same location, is renamed MSO Houston-Galveston, and 
assumes MI and COTP authority. MSO Galveston remains at the same 
location, becomes Marine Safety Unit (MSU) Galveston, and is a 
subordinate office to MSO Houston-Galveston with no independent MI or 
COTP authority.
    Sec. 3.40-30. This section, describing the Galveston Marine 
Inspection Zone and Captain of the Port Zone, is removed.

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 a 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 to 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 Sec. 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 39 deg.57' 
N. latitude, thence proceeds westward to 39 deg.57' N. latitude, 
74 deg.27' W. longitude; thence north-north-westerly to the 
intersection of the New York-New Jersey-Pennsylvania boundaries at 
Tristate; thence north following the course of and including the waters 
of the Delaware River until it meets the New York boundary; 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 
71 deg.00' W. longitude; thence northwesterly along a line bearing 
122 deg.T from the New Jersey coast at 39 deg.57' N. latitude.
    3. In Sec. 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, 71 deg.00' 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' N. latitude to the coast at 76 deg.07.8' W. 
longitude.
    4. In Sec. 3.25-15, paragraph (b) is revised to read as follows:


Sec. 3.25-15  Baltimore Marine Inspection Zone and Captain of the Port 
Zone

* * * * *

[[Page 67062]]

    (b) The boundary of the Baltimore Marine Inspection Zone and 
Captain of the Port Zone starts at a point of 75 deg.30' W. longitude 
on the Delaware-Maryland boundary and proceeds along the Delaware-
Maryland boundary west and north to the Pennsylvania boundary; thence 
west along the Pennsylvania-Maryland boundary to the West Virginia 
boundary; thence southerly and easterly along the Maryland-West 
Virginia boundary to the Virginia boundary; thence southeasterly 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; thence easterly along the Maryland-Virginia boundary as 
it proceeds across the Chesapeake Bay, Tangier and Pocomoke Sounds, 
Pocomoke River, and Delmarva Peninsula to a point 75 deg.30' W. 
longitude on the Maryland-Virginia boundary; thence northerly to a 
point 75 deg.30' W. longitude on the Delaware-Maryland boundary.


Sec. 3.40-25  [Removed]

    5. Section 3.40-25 is removed.
    6. Section 3.40-28 is added to read as follows:


Sec. 3.40-28  Houston-Galveston Marine Inspection Zone and Captain of 
the Port Zone

    (a) The Houston-Galveston Marine Inspection Office and the Captain 
of the Port Office are located in Houston, Texas. The Galveston Marine 
Safety Unit is a subordinate unit of the Marine Safety Office and is 
located in Galveston, Texas.
    (b) The boundary of the Houston-Galveston Marine Inspection Zone 
and Captain of the Port Zone starts at the intersection of the sea and 
94 deg.23' W. longitude; thence proceeds north along 94 deg.23' W. 
longitude to 30 deg.00' N. latitude; thence west along 30 deg.00' N. 
latitude to the east bank of the Trinity River; thence northerly along 
the east bank of the Trinity River; thence northwesterly along the 
eastern shore of Lake Livingston; thence northwesterly along the east 
bank of the Trinity River to the southern boundary of Dallas County, 
Texas; thence westerly along the southern boundary of Dallas County, 
Texas to 97 deg.00' W. longitude; thence north along 97 deg.00' W. 
longitude to the Texas-Oklahoma boundary; thence northwesterly along 
the Texas-Oklahoma boundary; thence north along the New Mexico-Oklahoma 
boundary; thence west along the New Mexico-Colorado boundary; thence 
south along the New Mexico-Arizona boundary; thence easterly along the 
southern boundary of New Mexico to the southeast corner of New Mexico 
at 32 deg.00' N. latitude; thence southeasterly to 29 deg.18' N. 
latitude, 96 deg.07' W. longitude on the east bank of the Colorado 
River; thence southerly along the east bank of the Colorado River to 
the sea; thence along a line bearing 140 deg.T to the outermost extent 
of the EEZ; thence easterly along the outermost extent of the EEZ to 
93 deg.25' W. longitude; thence north to 27 deg.49' N. latitude, 
93 deg.25' W. longitude; thence northwesterly to 29 deg.30' N. 
latitude, 93 deg.48' W. longitude; thence westward following a line 
10.3 nautical miles from the coast to 29 deg.24' N. latitude, 
94 deg.20' W. longitude; thence northwesterly to the coast at 
94 deg.23' W. longitude.


Sec. 3.40-30  [Removed]

    7. Section 3.40-30 is removed.

    Dated: December 19, 1995.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety, 
Security and Environmental Protection.
[FR Doc. 95-31375 Filed 12-27-95; 8:45 am]
BILLING CODE 4910-14-M