Safety Zone; Upper Chesapeake Bay and Its Tributaries and the C & D Canal, Maryland, Virginia, and Washington, DC, 10359-10360 [E7-3957]

Download as PDF Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations World War II U.S. Cobia submarine, Manitowoc River encompassed by the arc of a circle with a 70-foot radius with its center in approximate position 44°05.30′ N, 087°39.15′ W (NAD 1983). In order to ensure the safety of spectators and transiting vessels, this safety zone will be in effect for the duration of the event. In the event that this safety zone affects shipping, commercial vessels may request permission from the Captain of the Port Lake Michigan to transit through the safety zone. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. The Captain of the Port may be contacted via U.S. Coast Guard Sector Lake Michigan on channel 16, VHF–FM. The Coast Guard will give notice to the public via a Broadcast Notice to Mariners that the regulation is in effect. Dated: February 27, 2007. B.C. Jones, Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan. [FR Doc. E7–4109 Filed 3–7–07; 8:45 am] BILLING CODE 4910–15–P 1. The authority citation for part 165 continues to read as follows: I Coast Guard 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. 33 CFR Part 165 [CGD05–07–011] RIN 1625–AA00 2. Revise temporary § 165.T05–011 to read as follows: I Safety Zone; Upper Chesapeake Bay and Its Tributaries and the C & D Canal, Maryland, Virginia, and Washington, DC Coast Guard, DHS. Temporary final rule; correcting amendment. AGENCY: ACTION: pwalker on PROD1PC71 with RULES List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. I Accordingly, 33 CFR part 165 is corrected by making the following correcting amendments: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS DEPARTMENT OF HOMELAND SECURITY 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. VerDate Aug<31>2005 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. FOR FURTHER INFORMATION CONTACT: 18:23 Mar 07, 2007 Jkt 211001 § 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). PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 10359 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 E:\FR\FM\08MRR1.SGM 08MRR1 10360 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 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] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD01–07–012] RIN 1625–AA00 Safety Zone; South Portland, ME, Gulf Blasting Project Coast Guard, DHS. Temporary final rule. AGENCY: pwalker on PROD1PC71 with RULES ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone around a blasting and dredging project near the Gulf Oil Terminal Berth in South Portland, Maine and around the M/V RELIANCE, while transporting blasting material to the work site. These safety zones are needed to protect persons, facilities, vessels and others in the maritime community from the safety hazards associated with this blasting and dredging project, which is being undertaken to increase the water depth of the Gulf Oil Terminal berth to 41 feet. Entry into this safety zone is prohibited unless authorized by the Captain of the Port, Northern New England. DATES: This rule is effective from 7 a.m. Eastern Standard Time (EST), February 20, 2007 until 4 p.m. Eastern Daylight Time (EDT), March 31, 2007. ADDRESSES: Comments received from the public, as well as documents indicated in this preamble as being available in the docket are part of docket CGD01–07–012 and are available for inspection or copying at U.S. Coast Guard Sector Northern New England, 259 High Street, South Portland, ME 04106 between the hours of 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: LTJG Jarrett Bleacher, at (207) 741–5421. VerDate Aug<31>2005 18:23 Mar 07, 2007 Jkt 211001 SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. The details of this project were not provided to the Coast Guard until January 25, 2007 making it impossible to publish a NPRM or a final rule 30 days in advance. Similarly, Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Any delay in implementing this rule would be contrary to the public interest since immediate action is necessary to protect persons, facilities, vessels and others in the maritime community from the safety hazards associated with the handling, detonation, and transportation of explosives. Background and Purpose The explosives loading and blasting operations will occur at various times during the period between February 20, 2007 and March 31, 2007. The blasting plan calls for the drilling, blasting, and dredging of various areas within the berthing area of the Gulf Oil Terminal in South Portland, Maine. The explosives loading will occur at East End Beach at the Eastern Promenade, Portland, Maine, or at the municipal boat ramp at Bug Light Park, South Portland, Maine. The explosives will be transported via truck and M/V RELIANCE to the Gulf Oil Terminal in South Portland where the blasting and dredging project will be conducted. This regulation establishes a moving safety zone in all waters of the Fore River and Casco Bay in a 100 yard radius around the M/V RELIANCE as it transits from the East End Beach or Bug Light Park to the Gulf Facility and from the Gulf Facility back to the East End Beach or Bug Light Park. It also establishes a 100 yard safety zone around the perimeter of the affected portion of the berthing area of the Gulf Oil Terminal while blasting operations are being conducted. This area is defined as all of the waters enclosed by a line starting from a point located at the western side of the Gulf Oil Terminal Dock at latitude 43°39′12.537″ N, longitude 70°14′25.923″ W; thence to latitude 43°39′10.082″ N, longitude 70°14′26.287″ W; thence to latitude 43°39′10.209″ N, longitude 70°14′27.910″ W; thence to latitude 43°39′12.664″ N, longitude 70°14′27.546″ W; thence to the point of beginning.(DATUM:NAD 83). These PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 safety zones are required to protect the maritime community from the hazards associated with the loading, detonation, and transportation of explosives. Entry into this zone will be prohibited unless authorized by the Captain of the Port. Discussion of Rule This rule is effective from 7 a.m. EST on February 20, 2007 until 4 p.m. EDT on March 31, 2007. This safety zone is needed to safeguard mariners from the hazards associated with blasting operations on the designated waters in the Fore River. During the effective period of the safety zone, vessel traffic will be restricted in various portions of the Fore River and Casco Bay while the M/V RELIANCE is in transit and around the perimeter of the affected portion of the Gulf Oil Terminal when blasting operations are taking place. Although the safety zone will be in effect for seven weeks, it will only be enforced during actual transit and blasting times. Entry into those zones by any vessel is prohibited unless specifically authorized by the Captain of the Port, Northern New England. The Captain of the Port anticipates negligible negative impact on vessel traffic from this temporary safety zone as it will be in effect only during transit and blasting operations. Blasting operations are anticipated to occur only two to three times per week between the hours of 7 a.m. and 4 p.m. The moving safety zone around the M/V RELIANCE will be enforced only during the transit of explosives to the site and from the site back to shore with unused explosives. The zone around the perimeter of the work site extends only minimally into the channel and will not effect vessels transiting in or out of the port. The zone around the worksite will be enforced only during the actual blasting times. The enhanced safety to life and property provided by this rule greatly outweighs any potential negative impacts. Public notifications will be made during the entire effective period of this safety zone via marine information broadcasts. Regulatory Evaluation This rule is not a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, Regulatory Planning and Review, 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. The Coast Guard expects the economic impact of this rule to be so minimal that a full regulatory evaluation is unnecessary. The effect of this rule will not be significant for the following E:\FR\FM\08MRR1.SGM 08MRR1

Agencies

[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Rules and Regulations]
[Pages 10359-10360]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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]
BILLING CODE 4910-15-P