[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Rules and Regulations]
[Pages 10359-10360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3957]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-07-011]
RIN 1625-AA00


Safety Zone; Upper Chesapeake Bay and Its Tributaries and the C & 
D Canal, Maryland, Virginia, and Washington, DC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; correcting amendment.

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SUMMARY: This document contains a correction to the section 
establishing a temporary safety zone in all navigable waters of the 
Captain of the Port Baltimore zone published on February 23, 2007, in 
the Federal Register (72 FR 8112).

DATES: This correction is effective March 8, 2007 until April 16, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-07-011 and are available for 
inspection or copying at Commander, Coast Guard Sector Baltimore, 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: If you have questions on viewing the 
docket, call Mr. Ronald L. Houck, Coast Guard Sector Baltimore, at 
(410) 576-2674.

SUPPLEMENTARY INFORMATION: On February 23, 2007, the Coast Guard 
published a temporary final rule (72 FR 8112) to establish a temporary 
safety zone in all navigable waters of the Captain of the Port 
Baltimore Zone. The temporary safety zone restricts vessels from 
transiting the zone during ice season. Due to a drafting error in the 
temporary final rule the Captain of the Port's requirements associated 
with different levels of ice conditions were unclear. This correction 
document makes corrections to the temporary final rule to provide 
clarification.

List of Subjects in 33 CFR Part 165

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


0
Accordingly, 33 CFR part 165 is corrected by making the following 
correcting amendments:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS


0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Revise temporary Sec.  165.T05-011 to read as follows:


Sec.  165.T05-011  Safety zone; Upper Chesapeake Bay and its 
tributaries and the C & D Canal, MD, VA and Washington, DC

    (a) Purpose. The purpose of this regulation is to promote maritime 
safety, and to protect the environment and mariners transiting the area 
from the potential hazards due to ice conditions that become a threat 
to navigation.
    (b) Location. The following area is a temporary safety zone: All 
inland, navigable waters of the Captain of the Port, Baltimore Zone 
(see 33 CFR 3.25-15).
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (1) When an ice condition is set by the Captain of the Port (COTP), 
all vessel traffic is prohibited in the safety zone unless they meet 
the requirements set forth by the COTP by Marine Safety Radio Broadcast 
on VHF-FM marine band radio, channel 22A (157.1 MHZ). Requirements are 
as follows: (i) Ice Condition One: Convoys are required and 
restrictions to shaft horsepower and vessel transit are imposed.
    (ii) Ice Condition Two: The COTP Baltimore may impose restrictions, 
including but not limited to, shaft horsepower and hull type 
restrictions.
    (iii) Ice Condition Three: No limitations on vessel traffic, hull 
type or shaft horsepower.
    (2) Persons desiring to transit in the safety zone not meeting the 
requirements of the Ice Condition established by the COTP must contact 
the COTP at telephone number (410) 576-2693 or on VHF channel 13 or 16 
to seek permission prior to transiting the area. If permission is 
granted, all persons and vessels shall comply with the instructions of 
the COTP Baltimore, MD or designated representative.
    (3) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF marine band radio, channels 13 and 16. The COTP can be 
contacted at telephone number (410) 576-2693.
    (4) The COTP will notify the public of any changes in the status of 
this safety zone by Marine Safety Radio Broadcast on VHF-FM marine band 
radio, channel 22A (157.1 MHZ).
    (5) Mariners granted permission to transit the safety zone must 
maintain the minimum safe speed necessary to maintain navigation as per 
33 CFR Chapter I, Subchapters D and E.
    (d) Definitions as used in this section.
    (1) Captain of the Port means the Commander, Coast Guard Sector 
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) Ice Condition One means the emergency condition in which ice 
has largely covered the Upper Chesapeake Bay and its tributaries, and 
the C & D Canal.
    (3) Ice Condition Two means the alert condition in which at least 2 
inches of ice begins to form in the Upper Chesapeake Bay and its 
tributaries, and the C & D Canal.
    (4) Ice Condition Three means the readiness condition in which 
weather conditions are favorable for the formation of ice in the 
navigable waters of the Upper Chesapeake Bay and its tributaries, 
including the C & D Canal. Daily reports for the Coast Guard Stations 
and commercial vessels are monitored.
    (5) All vessel traffic means those vessels seeking to enter the 
safety zone as well as those vessels already located within the zone 
who wish to exit, and excludes those vessels that are moored

[[Page 10360]]

or anchored in the zone and intend to remain so.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zones by Federal, State and local agencies.
    (f) Enforcement period. This section will be enforced from February 
5, 2007 until April 15, 2007.

    Dated: February 28, 2007.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law United States Coast 
Guard.
[FR Doc. E7-3957 Filed 3-7-07; 8:45 am]
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