[Federal Register Volume 60, Number 249 (Thursday, December 28, 1995)]
[Rules and Regulations]
[Pages 67060-67062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31375]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 3
[CGD 95-081]
RIN 2115-AF22
Fifth and Eighth District Marine Inspection and Captain of the
Port Zone Boundaries
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending the descriptions of several Marine
Inspection and Captain of the Port zone boundaries in the Fifth Coast
Guard District as a result of the consolidation of the Marine Safety
Office Baltimore and Group Baltimore into a single unit, Activities
Baltimore. The Coast Guard is also revising the descriptions of the
former Marine Inspection and Captain of the Port Zones for Houston, TX
and Galveston, TX to reflect their merger into a single zone. These
changes will clarify Coast Guard geographic area responsibilities both
in the Fifth and in the Eighth Coast Guard Districts. These changes are
administrative and will not impact the type or level of Coast Guard
services performed.
EFFECTIVE DATES: This rule is effective on December 28, 1995.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast
Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC
20593-0001 between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. The telephone number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT:
Janet Walton, Project Manager, Standards Evaluation and Development
Division (G-MES-2), (202) 267-0257.
SUPPLEMENTARY INFORMATION:
Background and Purpose
Fifth District--Activities Baltimore
During 1995, the Coast Guard reorganized the Marine Safety Office
Baltimore and Group Baltimore units by consolidating them into a single
unit and redefining its geographic area of responsibility. The new
unit, Activities Baltimore, is now the location of the Baltimore Marine
Inspection Office (MI) and Captain of the Port Office (COTP), and its
area of responsibility is now limited to the upper Chesapeake Bay and
its tributaries, all within the State of Maryland. The Philadelphia
Marine Inspection Zone and Captain of the Port Zone were enlarged to
add those portions of the Chesapeake and Delaware Canal, and upper
portions of the Nanticoke River located within the state of Delaware
which formerly were in the Baltimore zone. The Hampton Roads Marine
Inspection Zone and Captain of the Port Zone has been expanded to
include portions of eastern Maryland, northern Virginia and the
Atlantic Ocean which formerly had been part of the Baltimore Marine
Inspection Zone and Captain of the Port Zone. The boundary between the
Baltimore and Hampton Roads MI and COTP zones is now, starting from the
intersection of the Virginia-Maryland-West Virginia boundaries, the
southern bank of the Potomac River as it follows the Virginia-Maryland
and Virginia-District of Columbia boundaries, the Virginia-Maryland
boundary across the Chesapeake Bay and the western portion of Delmarva
Peninsula, and a north-south line along 75 deg.30' W. longitude from
the Virginia-Maryland boundary to the Maryland-Delaware boundary. The
entire Commonwealth of Virginia and the eastern portion of Maryland
along the Atlantic coast are now included within the Hampton Roads
Marine Inspection Zone and COTP Zone.
Eighth District--Houston-Galveston
Previously, the Coast Guard Marine Safety Offices in Houston and
Galveston each exercised MI and COTP authority in their respective
regions. The Coast Guard has consolidated the MI and COTP authority for
both of these regions into one MI and COTP zone, Houston-Galveston.
This merger streamlined the command and control of Marine Safety
activities for the Houston and Galveston areas.
Discussion of Changes
The current descriptions do not reflect the changes in these MI/
COTP zones. This rule will revise these descriptions. The Coast Guard
is proceeding directly to a final rule under section 553(b)(3)(A) of
the Administrative Procedures Act (5 U.S.C. Sec. 551 et seq.) which
excludes rulemakings relating to agency organization, procedure, or
practice from the requirements of public notice and comment. These
changes are administrative and will not impact the type or level of
Coast Guard services performed.
Sec. 3.25-05. This section, describing the Philadelphia Marine
Inspection Zone and Captain of the Port Zone, is revised to add those
portions of the Chesapeake and Delaware Canal, and upper portions of
the Nanticoke River located within the state of Delaware which
previously were in the Baltimore zone. As a result, the entire state of
Delaware will be within the boundaries of the Philadelphia Marine
Inspection and Captain of the Port Zones.
Sec. 3.25-10. This section, describing the Hampton Roads Marine
Inspection Zone and Captain of the Port Zone, is being revised to add
the northern portion of Virginia, the eastern portion of Maryland, and
the portion of the Atlantic Ocean which previously were in the
Baltimore MI and COTP Zones. Instead of the boundary between the
Baltimore and Hampton Roads MI/COTP zones currently described by a line
through northern Virginia and the Virginia-Maryland boundary across the
Chesapeake Bay and the Delamarva Peninsula, the boundary is now,
starting from the intersection of the Virginia-Maryland-West Virginia
boundaries, the southern bank of the Potomac River as it follows the
Virginia-Maryland and Virginia-District of Columbia boundaries, the
Virginia-Maryland boundary across Chesapeake Bay and the western
portion of Delmarva Peninsula, and a north-south line along 75 deg.30'
W. longitude from the Virginia-Maryland boundary to the Maryland-
Delaware boundary, and then along that boundary to the ocean and
further seaward. The entire Commonwealth of Virginia, the eastern
portion of Maryland along the Atlantic coast, and the Atlantic Ocean
adjacent to the Maryland coast to the outermost extent of the EEZ are
now included within the Hampton Roads Marine Inspection Zone and
Captain of the Port Zone. The Hampton Roads zones will border the
Philadelphia Marine Inspection and Captain of the Port Zones from a
point on the Maryland-Delaware boundary (75 deg.30' W. longitude) and
along that boundary to the ocean and further seaward in the same manner
as did the Baltimore MI/COTP zones.
Sec. 3.25-15. This section, describing the Baltimore Marine
Inspection Zone and Captain of the Port Zone, is revised to describe
its new boundaries. The Chesapeake and Delaware Canal, and Nanticoke
River, which were wholly within the Baltimore Marine Inspection and
COTP Zones, are now divided between the Baltimore and Philadelphia
zones at the Maryland-Delaware
[[Page 67061]]
boundary. This section is also being revised so that Baltimore's common
boundary with the Hampton Roads Marine Inspection and COTP Zones
matches that described for section 3.25-10. The result will be that the
Baltimore Marine Inspection Zone and COTP Zone will encompass the whole
of the State of Maryland, including the Potomac River to the Virginia
and District of Columbia boundaries, with the exception of that portion
of Maryland east of 75 deg.30' N. longitude.
Sec. 3.40-25. This section, describing the Houston Marine
Inspection Zone and Captain of the Port Zone, is removed.
Sec. 3.40-28. This section, describing the Houston-Galveston Marine
Inspection Zone and Captain of the Port Zone, is added. The MSO Houston
remains at the same location, is renamed MSO Houston-Galveston, and
assumes MI and COTP authority. MSO Galveston remains at the same
location, becomes Marine Safety Unit (MSU) Galveston, and is a
subordinate office to MSO Houston-Galveston with no independent MI or
COTP authority.
Sec. 3.40-30. This section, describing the Galveston Marine
Inspection Zone and Captain of the Port Zone, is removed.
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. 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, 1979). The Coast Guard expects 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. As
this rule involves internal agency practices and procedures, it will
not impose any costs to the public.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under paragraph 2.B.2 of Commandant Instruction
M16475.1B, this rule is categorically excluded from further
environmental documentation. This exclusion is in accordance with
paragraphs 2.B.2.e.(34)(a) and (b), concerning regulations that are
editorial or procedural and concerning internal agency functions or
organization. A ``Categorical Exclusion Determination'' is available in
the docket for inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 3
Organization and functions (Government agencies).
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 3 as follows:
PART 3--COAST GUARD AREAS, DISTRICTS, MARINE INSPECTION ZONES, AND
CAPTAIN OF THE PORT ZONES
1. The authority citation for part 3 continues to read as follows:
Authority: 14 U.S.C. 633; 49 CFR 1.45, 1.46.
2. In Sec. 3.25-05, paragraph (b) is revised to read as follows:
Sec. 3.25-05 Philadelphia Marine Inspection Zone and Captain of the
Port Zone.
* * * * *
(b) The boundary of the Philadelphia Marine Inspection Zone and
Captain of the Port Zone starts at the New Jersey coast at 39 deg.57'
N. latitude, thence proceeds westward to 39 deg.57' N. latitude,
74 deg.27' W. longitude; thence north-north-westerly to the
intersection of the New York-New Jersey-Pennsylvania boundaries at
Tristate; thence north following the course of and including the waters
of the Delaware River until it meets the New York boundary; thence west
along the New York-Pennsylvania boundary to 78 deg.55' W. longitude;
thence south to 41 deg.00' N. latitude; thence west to 79 deg.00' W.
longitude; thence south to the Pennsylvania-Maryland boundary; thence
east to the intersection of the Maryland-Delaware boundary; thence
south and east along the Maryland-Delaware boundary to the sea,
including Fenwick Island Light. The offshore boundary starts at Fenwick
Island Light and proceeds east along 38 deg.28' N. latitude, to
71 deg.00' W. longitude; thence northwesterly along a line bearing
122 deg.T from the New Jersey coast at 39 deg.57' N. latitude.
3. In Sec. 3.25-10, paragraph (b) is revised to read as follows:
Sec. 3.25-10 Hampton Roads Marine Inspection Zone and Captain of the
Port Zone.
* * * * *
(b) The boundary of the Hampton Roads Marine Inspection Zone and
Captain of the Port Zone starts at the intersection of the Maryland-
Delaware boundary and the coast and proceeds along the Maryland-
Delaware boundary to a point 75 deg.30' W. longitude; thence southerly
to a point 75 deg.30' W. longitude on the Maryland-Virginia boundary;
thence westerly along the Maryland-Virginia boundary as it proceeds
across the Delmarva Peninsula, Pocomoke River, Tangier and Pocomoke
Sounds, and Chesapeake Bay; thence northwesterly along the Maryland-
Virginia boundary and the District of Columbia-Virginia boundary as
those boundaries are formed along the southern bank of the Potomac
River to the intersection of the Virginia-Maryland-West Virginia
boundaries; thence southerly along the Virginia-West Virginia boundary
and the Virginia-Kentucky boundary to the Tennessee boundary; thence
eastward along the Virginia-Tennessee boundary to the Virginia-North
Carolina boundary; thence eastward along the Virginia-North Carolina
boundary to Kerr (Buggs Island) Lake; thence along the shore of Kerr
Lake in North Carolina back to the Virginia-North Carolina boundary;
thence eastward along the Virginia-North Carolina boundary to the west
bank of the Chowan River; thence southerly along the west bank of the
Chowan River to a point 36 deg.00' N. latitude, 76 deg.41' W.
longitude; thence generally southerly and easterly along the western
boundaries of Washington, and Hyde Counties to a point 35 deg.37' N.
latitude, 76 deg.32' W. longitude; thence easterly to a point
35 deg.37' N. latitude, 76 deg.00.5' W. longitude; thence generally
southwesterly to a point 35 deg.01.5' N. latitude, 76 deg.20' W.
longitude; thence easterly to the sea at 34 deg.59.8' N. latitude,
76 deg.07.8' W. longitude. The offshore boundary starts at the
intersection of the Maryland-Delaware boundary and the coast and
proceeds east to a point 38 deg.28' N. latitude, 71 deg.00' W.
longitude; thence southeasterly on a line bearing 122 deg.T to the
outermost extent of the EEZ; thence southerly along the outermost
extent of the EEZ to 34 deg.59.8' N. latitude; and thence westerly
along 34 deg.59.8' N. latitude to the coast at 76 deg.07.8' W.
longitude.
4. In Sec. 3.25-15, paragraph (b) is revised to read as follows:
Sec. 3.25-15 Baltimore Marine Inspection Zone and Captain of the Port
Zone
* * * * *
[[Page 67062]]
(b) The boundary of the Baltimore Marine Inspection Zone and
Captain of the Port Zone starts at a point of 75 deg.30' W. longitude
on the Delaware-Maryland boundary and proceeds along the Delaware-
Maryland boundary west and north to the Pennsylvania boundary; thence
west along the Pennsylvania-Maryland boundary to the West Virginia
boundary; thence southerly and easterly along the Maryland-West
Virginia boundary to the Virginia boundary; thence southeasterly along
the Maryland-Virginia boundary and the District of Columbia-Virginia
boundary as those boundaries are formed along the southern bank of the
Potomac River; thence easterly along the Maryland-Virginia boundary as
it proceeds across the Chesapeake Bay, Tangier and Pocomoke Sounds,
Pocomoke River, and Delmarva Peninsula to a point 75 deg.30' W.
longitude on the Maryland-Virginia boundary; thence northerly to a
point 75 deg.30' W. longitude on the Delaware-Maryland boundary.
Sec. 3.40-25 [Removed]
5. Section 3.40-25 is removed.
6. Section 3.40-28 is added to read as follows:
Sec. 3.40-28 Houston-Galveston Marine Inspection Zone and Captain of
the Port Zone
(a) The Houston-Galveston Marine Inspection Office and the Captain
of the Port Office are located in Houston, Texas. The Galveston Marine
Safety Unit is a subordinate unit of the Marine Safety Office and is
located in Galveston, Texas.
(b) The boundary of the Houston-Galveston Marine Inspection Zone
and Captain of the Port Zone starts at the intersection of the sea and
94 deg.23' W. longitude; thence proceeds north along 94 deg.23' W.
longitude to 30 deg.00' N. latitude; thence west along 30 deg.00' N.
latitude to the east bank of the Trinity River; thence northerly along
the east bank of the Trinity River; thence northwesterly along the
eastern shore of Lake Livingston; thence northwesterly along the east
bank of the Trinity River to the southern boundary of Dallas County,
Texas; thence westerly along the southern boundary of Dallas County,
Texas to 97 deg.00' W. longitude; thence north along 97 deg.00' W.
longitude to the Texas-Oklahoma boundary; thence northwesterly along
the Texas-Oklahoma boundary; thence north along the New Mexico-Oklahoma
boundary; thence west along the New Mexico-Colorado boundary; thence
south along the New Mexico-Arizona boundary; thence easterly along the
southern boundary of New Mexico to the southeast corner of New Mexico
at 32 deg.00' N. latitude; thence southeasterly to 29 deg.18' N.
latitude, 96 deg.07' W. longitude on the east bank of the Colorado
River; thence southerly along the east bank of the Colorado River to
the sea; thence along a line bearing 140 deg.T to the outermost extent
of the EEZ; thence easterly along the outermost extent of the EEZ to
93 deg.25' W. longitude; thence north to 27 deg.49' N. latitude,
93 deg.25' W. longitude; thence northwesterly to 29 deg.30' N.
latitude, 93 deg.48' W. longitude; thence westward following a line
10.3 nautical miles from the coast to 29 deg.24' N. latitude,
94 deg.20' W. longitude; thence northwesterly to the coast at
94 deg.23' W. longitude.
Sec. 3.40-30 [Removed]
7. Section 3.40-30 is removed.
Dated: December 19, 1995.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 95-31375 Filed 12-27-95; 8:45 am]
BILLING CODE 4910-14-M