[Federal Register Volume 64, Number 55 (Tuesday, March 23, 1999)]
[Rules and Regulations]
[Pages 13915-13916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7092]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-99-009]
RIM 2115-AA97


Safety Zone: Chesapeake Bay, Patapsco River, Inner Harbor, 
Baltimore, Maryland

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone during 
the movement of the schooner Lady Maryland upon the waters of the Inner 
Harbor, Baltimore, MD. This safety zone is necessary to protect the 
safety of life and property of the participants, spectators and 
mariners on U.S. navigable waters during the effective dates.

EFFECTIVE DATES: This regulation will be effective from 12:30 p.m. to 
2:30 p.m. March 27, 1999.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer R. Houck, Marine 
Event Coordinator, Activities Baltimore, 2401 Hawkins Point Rd., 
Baltimore, Maryland, 21226-1791, telephone number (410) 576-2674.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of 
Proposed Rulemaking (NPRM) was not published for this rule and good 
cause exists for making it effective less than 30 days after Federal 
Register publication. The application for this event was not received 
until February 2, 1999. There was not sufficient time to publish a 
proposed rule in advance of the event. Publishing an NPRM and delaying 
its effective date would be contrary to the public interest because 
immediate action is needed to prevent a serious threat to spectators 
and vessels transiting in the vicinity.

Discussion of Regulation

    The Living Classrooms Foundation will provide the schooner Lady 
Maryland for a mock gun battle as part of a promotional filming in the 
Inner Harbor for the Arts and Entertainment (A&E) Network on March 27, 
1999. The Coast Guard is establishing a temporary safety zone 300 yards 
ahead and astern of, and 300 yards to port and starboard side of, the 
schooner Lady Maryland. A Coast Guard patrol commander will be assigned 
to control spectator and commercial vessels during this event. This 
safety zone is effective from 12:30 p.m. to 2:30 p.m. March 27, 1999. 
The Captain of the Port will notify the public of changes in the status 
of the zone by Marine Safety Radio Broadcast. Entry into this zone is 
prohibited unless authorized by the Captain of the Port.

Regulatory Evaluation

    This temporary 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 F.R. 11040; February 26, 1979). This temporary rule affects 
only a limited area outside of the main shipping channels. Therefore, 
the Coast Guard expects the economic impact of this proposal to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DOT is unnecessary.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501-3520).

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 has considered the environmental impact of this 
temporary rule and concluded that under figure 2-1, paragraph (34)(g), 
of Commandant Instruction M16475.1C, this rule is categorically 
excluded from further environmental documentation. Regulations 
establishing safety zones are excluded under that authority.

List of Subjects in 33 CFR Part 165

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

Regulation

    For the reasons set out in the preamble, the Coast Guard amends 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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-6, and 160.5; and 49 CFR 1.46. Section 165.100 is also issued 
under authority of Sec. 311, Pub. L. 105-383.

    2. A temporary Sec. 165.T05-009 is added to read as follows:

Sec. 165.T05-009  Safety Zone: Patapsco River, Inner Harbor, Baltimore, 
Maryland.

    (a) Location. The following area is a safety zone: All waters of 
the Inner Harbor, adjacent to Hawkins Point Shoal, enclosed within an 
area approximately 300 yards ahead and astern of, and 300 yards to port 
and starboard of, the schooner Lady Maryland.
    (b) Definitions. (1) Captain of the Port (COTP) means the 
Commanding Officer of Coast Guard Activities Baltimore or any 
commissioned, warrant, or petty officer who has been authorized by the 
Captain of the Port to act on his behalf.
    (c) Regulations. (1) In accordance with the general requirements in 
section 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port.
    (2) Persons or vessels wishing to enter or pass through the safety 
zone must first request authorization from the COTP or designated 
representative. Coast Guard patrol vessels enforcing the safety zone 
can be contacted on VHF-FM Marine Band Radio, channel 16. The Captain 
of the Port can be contacted at telephone number (410) 576-2693.
    (3) The Captain of the Port will notify the public of any changes 
in the status of this zone by a Marine Safety Radio

[[Page 13916]]

Broadcast on VHF-FM Marine Band Radio, channel 22 (157.1 MHz).
    (d) Effective dates: This regulation is effective from 12:30 p.m. 
to 2:30 p.m. March 27, 1999.

    Dated: March 4, 1999.
C.L. Miller,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 99-7092 Filed 3-22-99; 8:45 am]
BILLING CODE 4910-15-M