[Federal Register Volume 65, Number 100 (Tuesday, May 23, 2000)]
[Rules and Regulations]
[Pages 33255-33258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12877]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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: This rule is effective from 6 a.m. on June 23, 2000 to 11:30 
p.m. on June 29, 2000.

ADDRESSES: Comments and materials received from the public as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-99-097 and are available for inspection or 
copying at Commander, (Aoax), Fifth Coast Guard District, 431 Crawford 
Street, Portsmouth, Virginia 23704-5004 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:

Regulatory Information

    On March 28, 2000 we published a notice of proposed rulemaking 
(NPRM) entitled OPSAIL 2000, Port of Baltimore, MD, in the Federal 
Register (65 FR 16355). We received no letters commenting on the 
proposed rule. No public hearing was requested and none was held.

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.
    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 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

[[Page 33256]]

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 is 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 are 
establishing 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 is temporarily modifying 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 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 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 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will 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 will 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding this rule so that they could better evaluate 
its effects on them and participate in the rulemaking. We received no 
requests for assistance in understanding the rule.
    Small businesses may send comments on the actions of the Federal 
employees who enforce, or otherwise determine compliance with Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this rule under Executive Order 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 rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not 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 rule and concluded 
that, under figure 2-1, paragraph (34)(g) and (h), of Commandant 
Instruction M16475.1C; this 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 rule is intended 
to minimize environmental impacts of increased vessel traffic during 
the transits of event vessels.

[[Page 33257]]

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 amends 
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 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
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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
------------------------------------------------------------------------

    All coordinates use Datum: NAD 83.
    (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 dates. (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 
effective 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.
    (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

[[Page 33258]]

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: May 12, 2000.
Thomas E. Bernard,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 00-12877 Filed 5-22-00; 8:45 am]
BILLING CODE 4910-15-U