[Federal Register Volume 65, Number 100 (Tuesday, May 23, 2000)]
[Rules and Regulations]
[Pages 33258-33259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13025]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 05-00-004]
RIN 2115-AA97


Safety Zone; Transit of S/V Amerigo Vespucci, Chesapeake Bay, 
Baltimore, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
in the Chesapeake Bay and the Port of Baltimore, Maryland during the 
transit of the sailing vessel Amerigo Vespucci through those waters. 
This action is necessary to provide for the safety of life on navigable 
waters during the vessel's transit. This action will restrict vessel 
traffic in portions of the Chesapeake Bay and the Port of Baltimore.

DATES: This rule is effective from 6 a.m. on June 21, 2000 until 6 p.m. 
on June 24, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD5-00-004 and are available for inspection or 
copying at Commander, U.S. Coast Guard Activities, 2401 Hawkins Point 
Road, Baltimore, Maryland 21226-1791, between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer Ron Houck, Port 
Safety and Security Section, at (410) 576-2674.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 26, 2000 we published a notice of rulemaking (NPRM) 
entitled Safety Zone; Transit of S/V Amerigo Vespucci, Chesapeake Bay, 
Baltimore, MD, in the Federal Register (65 FR 24439). We received no 
letters commenting on the rule. No public hearing was requested and 
none was held.

Background and Purpose

    The sailing vessel Amerigo Vespucci is planning to transit the 
waters of the Chesapeake Bay enroute to the Port of Baltimore, Maryland 
on June 21, 2000 and enroute from the Port of Baltimore, Maryland on 
June 24, 2000. The transits of this 330-foot sailing vessel are 
expected to attract a large fleet of spectator vessels. The purpose of 
these regulations is to promote maritime safety and protect the sailing 
vessel and the boating public during these transits by establishing a 
safety buffer around the sailing vessel.

Discussion of Rule

    The Coast Guard is establishing a temporary moving safety zone 
around the 330-foot sailing vessel, Amerigo Vespucci. The safety zone 
will be enforced during her transit of Chesapeake Bay enroute to the 
Port of Baltimore, Maryland on June 21, 2000 and enroute from the Port 
of Baltimore on June 24, 2000. The safety zone will include all waters 
within 150 yards ahead of or 50 yards abeam or astern of the vessel 
while she is transiting the area. No vessels will be allowed to enter 
or navigate within this area unless authorized by the Captain of the 
Port.

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.
    These regulations are limited in duration, affect only a limited 
area, and will be well publicized to allow mariners to make alternative 
plans for transiting the affected area.

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 Chesapeake Bay and 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.

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 E.O. 13132 and have determined 
that this

[[Page 33259]]

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 E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 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), of Commandant Instruction 
M16475.1C; this rule is categorically excluded from further 
environmental documentation. This rule will have no affect on the 
environment.

List of Subjects in 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 Part 165 as follows:

PART 165--[AMENDED]

    1. 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.

    2. Add temporary Sec. 165.T05-004 to read as follows:


Sec. 165.T05-004  Safety Zone; Transit of S/V Amerigo Vespucci, 
Chesapeake Bay, Baltimore, MD.

    (a) Definitions: Captain of the Port means the Commander, Coast 
Guard Activities Baltimore or any Coast Guard commissioned, warrant, or 
petty officer who has been authorized to act on his behalf.
    (b) Location. The following area is a moving safety zone: All 
waters within 150 yards ahead of or 50 yards abeam or astern of the 
sailing vessel Amerigo Vespucci, while the vessel is 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) Enforcement period. These regulations are enforced from 6 a.m. 
to 6 p.m. on June 21, 2000 and June 24, 2000 respectively.

    Dated: May 16, 2000.
C.L. Miller,
Captain, U.S. Coast Guard, Captain of the Port of Baltimore.
[FR Doc. 00-13025 Filed 5-19-00; 12:38 pm]
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