[Federal Register Volume 64, Number 228 (Monday, November 29, 1999)]
[Rules and Regulations]
[Pages 66585-66586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30882]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD 05-99-094]
RIN 2115-AA97
Safety Zone; Chesapeake Bay, Whitehall Bay, Annapolis, MD
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
covering all waters within a 2,000 foot radius of each of three Very
Low Frequency (VLF) towers located between Greenbury Point and Possum
Point, near Annapolis, Maryland. Potts and Callahan, Inc. will be
demolishing the three towers with explosives. This safety zone is
intended to restrict maritime traffic in order to protect mariners from
the hazards associated with the demolition.
DATES: This rule is effective from 10 a.m. to 12 p.m. Eastern Standard
Time on December 3, 1999, and on December 5, 1999.
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 CGD 05-99-094 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
A notice of proposed rulemaking (NPRM) was not published for this
regulation. In keeping with the requirements of 5 U.S.C. 553(B), the
Coast Guard finds that good cause exists for not publishing a NRPM. In
keeping with the requirements of 5 U.S.C. 553(d)(3), the Coast Guard
also finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register. We were not
notified of the date of the planned demolition until October 20, 1999.
There was not sufficient time to publish a proposed rule in advance of
the event. Publishing a NPRM and delaying the effective date of this
regulation would be contrary to the public interest because action is
needed to safeguard mariners during the demolition.
Background and Purpose
Potts and Callahan, Inc. notified us of the planned removal of the
Very Low Frequency (VLF) radio towers and array for the U.S. Naval
Academy. On December 3, 1999, Potts and Callahan, Inc. will demolish,
with explosives, three Very Low Frequency (VLF) towers and array
located between Greenbury Point and Possum Point, near Annapolis,
Maryland. December 5, 1999 has been designated as an alternate date, if
inclement weather precludes demolition on December 3, 1999. The
demolition will use 200 pounds of explosives in the form of linear
shape charges. Due to the need for vessel control during the
demolition, maritime traffic will be temporarily restricted to provide
for the safety of transiting vessels.
Regulatory Evaluation
This temporary final 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 not been reviewed 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 FR 11040, February 26, l979). This regulation affects a
limited area for a limited time and advance notice will allow mariners
to plan their transit around the scheduled event.
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. ``Small entities'' include
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.
[[Page 66586]]
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
or anchor in the affected area from 10 a.m. to 12 p.m. on December 3,
1999. This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. The
demolition of the radio towers will only take two hours, the area
affected is small, and vessel traffic can pass safely around the safety
zone. Therefore, Coast Guard certifies under section 605 (b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary
final rule will not have a significant economic impact on a substantial
number of small entities.
Unfunded Mandates
Under section 201 of the Unfunded Mandates Reform Act (UMRA) (2
U.S.C. 1531), the Coast Guard assessed the effects of this rule on
State, local, and tribal governments, in the aggregate, and the private
sector. The Coast Guard determined that this regulatory action requires
no written statement under section 202 of the UMRA (2 U.S.C. 1532)
because it will not result in the expenditure of $100,000,000 in any
one year by State, local, or tribal governments, in the aggregate, or
the private sector.
Collection of Information
This temporary final rule does not provide for a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Federalism
The Coast Guard has analyzed this temporary final rule under the
principles and criteria contained in Executive Order 13132 and has
determined that this temporary final rule does not have implications
for federalism under that Order.
Environment
The Coast Guard considered the environmental impact of this
temporary final rule and concluded that under figure 2-1, paragraph
(34)(g), of Commandant Instruction M16475.lC, this temporary final rule
is categorically excluded from further environmental documentation.
This regulation will have no impact on the environment.
List of Subjects
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. 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 Sec. 165.T05-094 to read as follows:
Sec. 165.T05-094 Safety Zone; Chesapeake Bay, Whitehall Bay,
Annapolis, MD.
(a) Location. The following area is a safety zone: All waters of
the Chesapeake Bay and its tributaries within a 2,000 feet radius of
the following three coordinates: Latitude 38 deg.58'56''N, Longitude
076 deg.26'58''W; Latitude 38 deg.59'08''N, Longitude 076 deg.26'49''W;
and Latitude 38 deg.59'18''N, Longitude 076 deg.27'00''W; [NAD 1983]
(b) Effective date. This section is effective from 10 a.m. to 12
p.m., on December 3, 1999. If the demolition is postponed due to
inclement weather, then this section is effective from 10 a.m. to 12
p.m. Eastern Standard Time on December 5, 1999.
(c) Captain of the Port means the Commanding Officer of Coast Guard
Activities Baltimore, Baltimore, Maryland, or any Coast Guard
Commissioned, Warrant or Petty Officer who has been authorized by the
Captain of the Port to act on his behalf
(d) Regulations.
(1) All persons are required to comply with the general regulations
governing safety zones in 165.23 of this part.
(2) Persons or vessels requiring entry into or passage through the
safety zone must first request authorization from the Captain of the
Port. The Coast Guard vessels enforcing the safety zone can be
contacted on VHF-FM channels 13 and 16. The Captain of the Port can
also be contacted by telephone at (410) 576-2520.
(3) The operator of any vessel within or in the immediate vicinity
of this safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by the
Captain of the Port.
(ii) Proceed only as directed by the Captain of the Port.
Dated: November 8, 1999.
C.L. Miller,
Captain, U.S. Coast Guard, Captain of the Port of Baltimore.
[FR Doc. 99-30882 Filed 11-26-99; 8:45 am]
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