[Federal Register Volume 65, Number 60 (Tuesday, March 28, 2000)]
[Proposed Rules]
[Pages 16355-16358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7466]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 100, 110 and 165

[CGD-05-99-097]
RIN 2115-AA97, AA98, AE46


OPSAIL 2000, Port of Baltimore, MD

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary regulations in 
the Port of Baltimore, Maryland for OPSAIL 2000 activities. This action 
is necessary to provide for the safety of life on navigable waters 
before, during, and after OPSAIL 2000 events. This action will restrict 
vessel traffic in portions of the Inner Harbor, the Northwest Harbor, 
the Patapsco River, and the Chesapeake Bay.

DATES: Comments and related material must reach the Coast Guard on or 
before May 12, 2000.

ADDRESSES: You may mail comments and related material to Commander, 
(Aoax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004 or deliver them to Room 119 at the same address 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays. Commander, (Aoax), Fifth Coast Guard District, 431 Crawford 
Street, Portsmouth, Virginia 23704-5004 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 3 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: S.L. Phillips, Project Manager, 
Operations Division, Auxiliary Section, at (757) 398-6204.

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 (CGD05-99-
097), 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 
8\1/2\ by 11 inches, suitable for copying. The comment period for this 
regulation is 45 days. This time period is adequate to allow local 
input because the event is highly publicized and 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 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

    Sail Baltimore is sponsoring OPSAIL 2000 activities in the Port of 
Baltimore, Maryland. Planned events include the arrival of 27 Tall 
Ships and other vessels on June 23, 2000 and a Parade of Sail and 
scheduled departure of those vessels on June 29, 2000.
    The Coast Guard anticipates a large spectator fleet for these 
events. Operators should expect significant vessel congestion along the 
arrival and parade routes.
    The purpose of these regulations is to promote maritime safety and 
protect participants and the boating public in the Port of Baltimore 
and the waters of the Chesapeake Bay immediately prior to, during, and 
after the scheduled events. The regulations will provide for clear 
parade routes for the participating vessels, establish no wake zones 
along the parade routes, provide a safety buffer around the 
participating vessels while they are in transit, and in certain 
anchorage areas, modify existing anchorage regulations for the benefit 
of participants and spectators. The regulations will impact the 
movement of all vessels operating in the specified areas of the Port of 
Baltimore and the Chesapeake Bay.
    It may be necessary for the Coast Guard to establish additional 
safety or security zones in addition to these regulations to safeguard 
dignitaries and certain vessels participating in the event. If the 
Coast Guard deems it necessary to establish such zones at a later date, 
the details of those zones will be announced separately via the Federal 
Register, Local Notice to Mariners, Safety Voice Broadcasts, and any 
other means available.
    All vessel operators and passengers are reminded that vessels 
carrying passengers for hire or that have been chartered and are 
carrying passengers may have to comply with certain additional rules 
and regulations beyond the safety equipment requirements for all 
pleasure craft. When a vessel is not being used exclusively for 
pleasure, but rather is engaged in carrying passengers for hire or has 
been chartered and is carrying the requisite number of passengers, the 
vessel operator must possess an appropriate license and the vessel may 
be subject to inspection. The definition of the term ``passenger for 
hire'' is found in 46 U.S.C. 2101(21a). In general, it means any 
passenger who has contributed any consideration (monetary or otherwise) 
either directly or indirectly for carriage onboard the vessel. The 
definition of the term ``passenger'' is found in 46 U.S.C. 2101(21). It 
varies depending on the type of vessel, but generally means individuals 
carried aboard vessels except for certain specified individuals engaged 
in the operation of the vessel or the business of the owner/charterer. 
The law provides for substantial penalties for any violation of 
applicable license and inspection requirements. If you have any 
questions concerning the application of the above law to your 
particular case, you should contact the Coast Guard at the address 
listed in ADDRESSES for additional information.
    Vessel operators are reminded they must have sufficient facilities 
on board their vessels to retain all garbage and untreated sewage. 
Discharge of either into any waters of the United States is strictly 
forbidden. Violators may be assessed civil penalties up to $25,000 or 
face criminal prosecution.
    We recommend that vessel operators visiting the Port of Baltimore 
for this event obtain up to date editions of National Ocean Service 
Charts 12278 and 12281 to avoid anchoring within a charted cable or 
pipeline area.

[[Page 16356]]

    With the arrival of OPSAIL 2000 and spectator vessels in the Port 
of Baltimore for this event, it will be necessary to curtail normal 
port operations to some extent. Interference will be kept to the 
minimum considered necessary to ensure the safety of life on the 
navigable waters immediately before, during, and after the scheduled 
events.

Discussion of Proposed Rule

    The OPSAIL 2000 vessels are scheduled to arrive on June 23, 2000 
and will follow a parade route of approximately 3 nautical miles that 
includes specified waters of the Inner Harbor and Northwest Harbor. The 
OPSAIL 2000 vessels are scheduled to depart on June 29, 2000 and will 
follow a parade route of approximately 7 nautical miles that includes 
specified waters of the Inner Harbor, Northwest Harbor, and Patapsco 
River.
    The safety of parade participants and spectators requires that 
spectator craft be kept at a safe distance from the parade routes 
during these vessel movements. The Coast Guard proposes establishing 
special local regulations for the areas through which the vessels will 
pass for the OPSAIL 2000 Tall Ships Arrival on June 23, 2000 and the 
OPSAIL 2000 Parade of Sail on June 29, 2000.
    In addition to establishing special local regulations, we propose 
to establish temporary moving safety zones around OPSAIL 2000 vessels 
which are 175 feet or greater in length, to ensure the safety of 
participants and spectators immediately prior to, during, and following 
the parades.
    The Coast Guard also intends to temporarily modify the existing 
anchorage regulations found at 33 CFR 110.158 to accommodate OPSAIL 
2000 and spectator vessels. Anchorage No. 1, Anchorage No. 4, Anchorage 
No. 5, and Anchorage No. 6 will be designated exclusively for spectator 
vessels. Anchorage No. 3 will be designated exclusively for passenger 
vessels. Anchorage No. 2 will be closed to all vessels except OPSAIL 
2000 vessels.

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.
    The primary impact of these regulations will be on vessels wishing 
to transit the affected waterways during the Tall Ships Arrival on June 
23, 2000 and the Parade of Sail on June 29, 2000. Although these 
regulations prevent traffic from transiting a portion of the Inner 
Harbor, Northwest Harbor, and Patapsco River during these events, that 
restriction is limited in duration, affects only a limited area, and 
will be well publicized to allow mariners to make alternative plans for 
transiting the affected area. Moreover, the magnitude of the event 
itself will severely hamper or prevent transit of the waterway, even 
absent these regulations designed to ensure it is conducted in a safe 
and orderly fashion.

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 Inner Harbor, the 
Northwest Harbor, and the Patapsco River in 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. Moreover, the magnitude of the event 
itself will severely hamper or prevent transit of the waterway, even 
absent these regulations designed to ensure it is conducted in a safe 
and orderly fashion.
    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.

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 Commander (Aoax), Fifth Coast 
Guard District, 431Crawford Street, Portsmouth, Virginia 23704-5004.

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

[[Page 16357]]

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. A ``Categorical Exclusion 
Determination'' is available in the docket where indicated under 
ADDRESSES. By controlling vessel traffic during these events, this 
proposed rule is intended to minimize environmental impacts of 
increased vessel traffic during the transits of event vessels.

List of Subjects

33 CFR Part 100

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

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 165

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

Regulation

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Parts 100, 110, and 165 as follows:

PART 100--[AMENDED]

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 
100.35.

    2. Add temporary Sec. 100.35T-05-097 to read as follows:


Sec. 100.35T-05-097  Special Local Regulations; OPSAIL 2000, Port of 
Baltimore, MD.

    (a) Definitions. (1) Captain of the Port means the Commander, Coast 
Guard Activities Baltimore or any Coast Guard commissioned, warrant, or 
petty officer who has been authorized by the Captain of the Port to act 
on his behalf.
    (2) Official Patrol Vessel includes all Coast Guard, public, state, 
county or local law enforcement vessels assigned and/or approved by 
Commander, Coast Guard Activities Baltimore.
    (3) OPSAIL 2000 Vessel includes all vessels participating in 
Operation Sail 2000 under the auspices of the Marine Event Permit 
submitted for the Port of Baltimore and approved by Commander, Fifth 
Coast Guard District.
    (4) Parade of Sail is the outbound procession of OPSAIL 2000 
vessels as they navigate designated routes in the Port of Baltimore on 
June 29, 2000.
    (5) Tall Ships Arrival is the inbound procession of OPSAIL 2000 
vessels as they navigate designated routes in the Port of Baltimore on 
June 23, 2000.
    (b) Regulated areas. (1) Tall ships arrival area (all coordinates 
use datum: NAD 83): All waters of the Patapsco River, Baltimore, 
Maryland, between the Ferry Bar Channel-East Section and the Inner 
Harbor west bulkhead, bounded by a line drawn from the coordinates at 
position latitude 39 deg.15'40" N, longitude 076 deg.34'50" W, thence 
southeasterly to latitude 39 deg.15'23.5" N, longitude 076 deg.34'44" 
W, thence easterly to latitude 39 deg.15'23.5" N, longitude 
076 deg.33'53" W.
    (2) Parade of Sail Area: The waters of the Patapsco River, 
Northwest Harbor and Inner Harbor enclosed by:

------------------------------------------------------------------------
            Latitude                             Longitude
------------------------------------------------------------------------
39 deg.15'40.5" N                 076 deg.34'47.5" W, to
39 deg.15'04.9" N                 076 deg.34'43.7" W, and
39 deg.14'07.5" N                 076 deg.33'37.7" W, to
39 deg.12'46.3" N                 076 deg.32'02.6" W, to
39 deg.10' 24.8" N                076 deg.31'01" W, to
39 deg.12'06.3" N                 076 deg.29'43.2" W, to
39 deg.13'22.3" N                 076 deg.31'15.7" W, to
39 deg.15'40.2" N                 076 deg.33'33.7" W.
------------------------------------------------------------------------

    (c) Special Local Regulations. (1) Any person or vessel within the 
regulated area must operate in strict conformance with any directions 
given by the Captain of the Port and leave the regulated area 
immediately if the Captain of the Port so orders.
    (2) Unless otherwise directed by the Captain of the Port, all 
vessels within the regulated area shall be operated at the minimum 
speed required to maintain steerage and shall avoid creating a wake.
    (3) No vessel within the regulated area may anchor except in 
conformance with 33 CFR 110.158.
    (4) The Coast Guard and Official Patrol vessels enforcing this 
section can be contacted on VHF Marine Band Radio, channels 13 and 16. 
The Captain of the Port can be contacted at telephone number (410) 576-
2521 or 2693.
    (5) The Captain of the Port will notify the public of any changes 
in the status of the regulated area by a Marine Safety Radio Broadcast 
on VHF-FM marine band radio, channel 22 (157.1 MHZ).
    (d) Effective date: (1) Tall ships arrival area. This section is 
effective from 9 a.m. until 6 p.m. on June 23, 2000.
    (2) Parade of Sail Area. Paragraph (b)(2) of this section is 
applicable from 10:30 a.m. until 2:30 p.m. on June 29, 2000.

PART 110--[AMENDED]

    3. The authority citation for Part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 
49 CFR 1.46 and 33 CFR 1.05-1(g).

    4. From 10:30 a.m. until 2:30 p.m. on June 29, 2000, Sec. 110.158 
is amended by adding paragraph (c) to read as follows:


Sec. 110.158  Baltimore Harbor, MD

* * * * *
    (c) Notwithstanding paragraphs (a) and (b) of this section, the 
following temporary regulations apply from 10:30 a.m. until 2:30 p.m. 
on June 29, 2000 for OPSAIL 2000.
    (1) Anchorage No. 1, Anchorage No. 4, Anchorage No. 5, and 
Anchorage No. 6 are designated for the exclusive use of spectator 
vessels. ``Spectator vessels'' includes any vessel, commercial or 
recreational, being used for pleasure or carrying passengers, that is 
in the Port of Baltimore to observe part or all of the events attendant 
to OPSAIL 2000.
    (2) Anchorage No. 2 is designated for the exclusive use of OPSAIL 
2000 vessels. ``OPSAIL 2000 Vessels'' includes all vessels 
participating in Operation Sail 2000 under the auspices of the Marine 
Event Permit submitted for the Port of Baltimore and approved by the 
Commander, Fifth Coast Guard District.
    (3) Anchorage No. 3 is designated for the exclusive use of 
passenger vessels. ``Passenger vessel'' has the meaning of that term in 
46 U.S.C. 2101(22).

PART 165--[AMENDED]

    5. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1225 and 1231; 50 U.S.C. 191; 33 CFR 1.05-
1(g), 6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    6. Add temporary Sec. 165.T05-097 to read as follows:


Sec. 165.T05-097  Safety Zone; OPSAIL 2000, Port of Baltimore, MD.

    (a) Definitions. (1) Captain of the Port means the Commander, Coast 
Guard Activities Baltimore or any Coast Guard commissioned, warrant, or 
petty officer who has been authorized by the Captain of the Port to act 
on his behalf.
    (2) OPSAIL 2000 Vessels includes all vessels participating in 
Operation Sail 2000 under the auspices of the Marine Event Permit 
submitted for the Port of Baltimore and approved by Commander, Fifth 
Coast Guard District.

[[Page 16358]]

    (b) Location. The following areas are moving safety zones: All 
waters within 150 yards ahead of or 50 yards outboard or aft of any 
OPSAIL 2000 vessel which is 175 feet or greater in length, while 
operating on the Chesapeake Bay or its tributaries, north of the 
Maryland-Virginia border and south of latitude 39 deg.35'00".
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones in Sec. 165.23 of this part.
    (2) No person or vessel may enter or navigate within the regulated 
areas unless authorized to do so by the Captain of the Port. Any person 
or vessel authorized to enter the regulated areas must operate in 
strict conformance with any directions given by the Captain of the Port 
and leave the regulated area immediately if the Captain of the Port so 
orders.
    (3) The Coast Guard vessels enforcing this section can be contacted 
on VHF Marine Band Radio, channels 13 and 16. The Captain of the Port 
can be contacted at telephone number (410) 576-2521 or 2693.
    (4) The Captain of the Port will notify the public of any changes 
in the status of this zone by a Marine Safety Radio Broadcast on VHF-FM 
marine band radio, channel 22 (157.1 MHZ).
    (d) Effective dates: This section is effective from 6 a.m. on June 
23, 2000 to 11:30 p.m. on June 29, 2000.

    Dated: March 15, 2000.
Thomas E. Bernard,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 00-7466 Filed 3-27-00; 8:45 am]
BILLING CODE 4910-15-U