Coast Guard 2005 – Federal Register Recent Federal Regulation Documents
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National Boating Safety Advisory Council; Charter Renewal
The Secretary of Homeland Security has renewed the charter of the National Boating Safety Advisory Council (NBSAC) for 2 years from January 17, 2005, until January 17, 2007. NBSAC is a committee under the Federal Advisory Committee Act, 5 U.S.C. App. 2, that advises the Coast Guard on the need for Federal regulations and other major boating safety matters.
Special Local Regulations: Annual Fort Myers Beach Air Show, Fort Myers Beach, FL
The Coast Guard proposes to establish permanent special local regulations for the Fort Myers Beach Air Show, Fort Myers Beach, Florida. This event is proposed to be held annually on the second Friday, Saturday, and Sunday of May between 8:30 a.m. and 4:30 p.m. EDT (Eastern Daylight Time). This proposed regulation is needed to restrict persons and vessels from entering the sterile zone (air box) below the aerial demonstration and restrict vessels from mooring/anchoring or transiting within the surrounding regulated area with the exception of the Matanzas Pass Channel. This proposed rule is necessary to ensure the safety of life for the participating aircraft, spectators, and mariners in the area on the navigable waters of the United States.
Notice of Waterways Analysis and Management Systems Studies, Upper Chesapeake Bay, Including the Chesapeake and Delaware Canal
The Coast Guard announces that Waterways Analysis and Management System (WAMS) studies are being planned for the Upper Chesapeake Bay, including the Chesapeake and Delaware Canal. The Coast Guard solicits comments on the specific waterways presented in this document so we can complete our WAMS studies. The goals of the studies are to analyze the waterway and aids to navigation, and then develop a plan to address any proposed changes and concerns.
Safety Zone; Mission Creek Waterway, China Basin, San Francisco Bay, CA
The Coast Guard is establishing a temporary safety zone in the navigable waters of the Mission Creek Waterway in China Basin surrounding the construction site of the Fourth Street Bridge, San Francisco, California. This temporary safety zone is necessary to protect persons and vessels from hazards associated with bridge construction activities. The safety zone temporarily prohibits use of the Mission Creek Waterway surrounding the Fourth Street Bridge during construction unless authorized by the Captain of the Port, or his designated representative.
Security Zone; Cape Fear River, Eagle Island, North Carolina State Port Authority Terminal, Wilmington, NC
The Coast Guard is establishing a temporary security zone at the North Carolina State Port Authority (NCSPA), Wilmington to include the Cape Fear River and Eagle Island. Entry into or movement within the security zone will be prohibited without authorization from the COTP. This action is necessary to safeguard the vessels and the facility from sabotage, subversive acts, or other threats.
Safety Zones; Fireworks Displays Within the Fifth Coast Guard District
The Coast Guard proposes to establish 34 permanent safety zones for fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. This action is necessary to protect the life and property of the maritime public from the hazards posed by fireworks displays. Entry into or movement within these proposed zones during the enforcement periods is prohibited without approval of the appropriate Captain of the Port.
Drawbridge Operation Regulations: Housatonic River, CT
The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the U.S. 1 Bridge, mile 3.5, across the Housatonic River at Stratford, Connecticut. Under this temporary deviation only one of the two-bascule leafs at the bridge need open for the passage of vessel traffic from April 1, 2005 through May 27, 2005. Two-leaf, full bridge openings, will be provided upon three days advance notice. This temporary deviation is necessary to facilitate rehabilitation repairs at the bridge.
Recreational Boating Safety Projects, Programs and Activities Funded Under Provisions of the Transportation Equity Act for the 21st Century; Accounting of
For each of 6 fiscal years starting in 1999, the Transportation Equity Act for the 21st Century has made $5 million available to the Secretary of Transportation for payment of Coast Guard expenses for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program. This notice is being published to satisfy a requirement of the Act that a detailed accounting of the projects, programs, and activities funded under the national recreational boating safety program provision of the Act be published annually in the Federal Register. In this notice we have specified the amount of monies the Coast Guard has committed, obligated or expended during fiscal year 2004, as of September 30, 2004.
Safety Zone; National Cherry Blossom Festival Fireworks Display, Potomac River, Washington, DC
The Coast Guard is establishing a temporary safety zone on the Upper Potomac River in the Washington Channel, Washington, DC. This safety zone is necessary to provide for the safety of life and property during a fireworks display being held during the annual National Cherry Blossom Festival in Washington, DC. This safety zone will restrict the movement of vessel traffic in the immediate area of the fireworks discharge site.
Drawbridge Operation Regulations; Chelsea River, MA
The Coast Guard proposes to temporarily change the drawbridge operating regulations governing the operation of the P.J. McArdle Bridge, mile 0.3, across the Chelsea River between East Boston and Chelsea, Massachusetts. This proposed rule would allow the bridge to remain closed from 9 a.m. to 5 p.m. on June 18, 2005, to facilitate the second Annual Chelsea River Revel 5K Road Race. Vessels that can pass under the bridge without a bridge opening may do so at all times.
Anchorage Grounds, Hampton Roads, VA
The Coast Guard proposes to revise the anchorage regulations in the Port of Hampton Roads. Infrastructure improvements and increases in vessel traffic and draft entering the port have prompted this proposed rulemaking. The proposed changes to this regulation will ensure that the Hampton Roads Anchorage Grounds continue to safely support current and future vessel anchoring demands. This supplemental notice of proposed rulemaking (SNPRM) discusses changes made to Anchorages J, K, and, L since publication of the notice of proposed rulemaking (NPRM) in the Federal Register on September 27, 2004 (69 FR 57656). The changes are explained in the section titled ``Discussion of Proposed Rule'' section of this document.
Drawbridge Operation Regulations: Taunton River, MA
The Coast Guard has changed the drawbridge operation regulations that govern the operation of the Brightman Street Bridge, mile 1.8, across the Taunton River between Fall River and Somerset, Massachusetts. This final rule allows the bridge to remain closed for the passage of pleasure craft traffic from 7 a.m. to 9:30 a.m. and 4 p.m. to 6:30 p.m., Monday through Friday, except holidays, from June 1 through August 31. The draw shall open on signal at all times for commercial vessel traffic. This action is expected to help relieve vehicular traffic delays during the morning and afternoon commuter time periods while continuing to meet the reasonable needs of navigation.
Drawbridge Operation Regulations: Newtown Creek, Dutch Kills, English Kills, and Their Tributaries, NY
The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the Metropolitan Avenue Bridge, mile 3.4, across English Kills at New York City, New York. Under this temporary deviation the bridge may remain in the closed position from April 7, 2005 through April 8, 2005, and from April 13, 2005 through April 15, 2005. This temporary deviation is necessary to facilitate bridge maintenance.
Drawbridge Operation Regulations: Long Island, New York Inland Waterway From East Rockaway Inlet to Shinnecock Canal, NY
The Coast Guard has changed the drawbridge operation regulations that govern the operation of the Long Beach Bridge, at mile 4.7, across Reynolds Channel New York. This final rule allows the Long Beach Bridge to remain closed from 10 p.m. to midnight on July 3 each year. This rule is necessary to facilitate public safety during the annual fireworks display at Town Park on Lookout Point, New York.
Drawbridge Operating Regulations; Pascagoula River, Pascagoula, MS
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the CSX Transportation Railroad Bridge across the Pascagoula River, mile 1.5, at Pascagoula, Jackson County, Mississippi. This deviation allows the draw of the bascule span bridge to remain closed to navigation for nine hours per day Monday through Thursday from April 11 until April 14, 2005. The deviation is necessary to repair the drive motor and associated hydraulic components of the draw span operating mechanism.
Special Local Regulations for Marine Events; Severn River, College Creek, and Weems Creek, Annapolis, MD
The Coast Guard will be enforcing the special local regulations for the 26th Annual Safety at Sea Seminar, a marine event to be held April 2, 2005, on the waters of the Severn River at Annapolis, Maryland. These special local regulations are necessary to control vessel traffic due to the confined nature of the waterway and expected vessel congestion during the event. The effect will be to restrict general navigation in the regulated area for the safety of spectators and vessels transiting the event area.
Special Local Regulations for Marine Events; Piankatank River, Gloucester County, VA
The Coast Guard proposes to establish special local regulations during the ``2005 Piankatank River Race'', a marine event to be held over the waters of the Piankatank River in Gloucester County, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in the Piankatank River during the event.
Special Local Regulations; National Maritime Week Tugboat Races, Seattle, WA
The Coast Guard proposes to permanently amend the special local regulation governing general navigation and anchorage in the vicinity of the Annual National Maritime Week Tugboat Races, Seattle, Washington. Changes made to this regulation will clarify its annual enforcement date. This change is intended to better inform the boating public and to improve the level of safety at this event. Entry into the area established is prohibited unless authorized by the Captain of the Port.
Safety Zone; Delaware River
The Coast Guard is establishing a temporary safety zone in the Delaware River encompassing all waters from the Commodore Barry Bridge to the Benjamin Franklin Bridge. This temporary safety zone is needed for the T/V ATHOS 1 response operations and will protect cleanup crews from excessive wake caused by transiting vessels, provide for the safety of life, property and facilitate oil spill environmental response activities. All vessels transiting the safety zone must minimize wake as to not affect response operations.
Rates for Pilotage on the Great Lakes
This document contains corrections to the interim rule published in the Federal Register on March 10, 2005. The interim rule establishes new rates for pilotage on the Great Lakes.
Safety and Security Zones; TOPOFF 3, New London, CT
The Coast Guard is establishing safety and security zones around waterfront areas in New London, Connecticut during the Congressionally-mandated third Top Officials exercise. These zones are necessary to provide for the safety and security of participants in the exercise, the surrounding shore and maritime communities from potential sabotage or subversive acts aimed at this large scale, high profile exercise. These temporary safety and security zones prohibit persons or vessels from entering unless authorized by the Captain of the Port, Long Island Sound or designated representative.
Escort Vessels for Certain Tankers-Crash Stop Criteria
The Coast Guard proposes to make permanent the 1994 suspension of the crash stop requirements in our tanker escort rules.
Terms Imposed by States on Numbering of Vessels
The Coast Guard is correcting the preamble to a final rule that appeared in the Federal Register of March 18, 2005 (70 FR 13102). The final rule expands the number of conditions that a State may require in order for owners to obtain vessel numbering certificates in that State. The preamble to the final rule contains an error in the regulatory evaluation.
Safety Zone; Outer Continental Shelf Facility in the Gulf of Mexico for Green Canyon 782
The Coast Guard proposes to establish a safety zone around a petroleum and gas production facility in Green Canyon 782 of the Outer Continental Shelf in the Gulf of Mexico. The facility needs to be protected from vessels operating outside the normal shipping channels and fairways, and placing a safety zone around this area would significantly reduce the threat of allisions, oil spills and releases of natural gas. This proposed rule prohibits all vessels from entering or remaining in the specified area around the facility's location except for the following: an attending vessel; a vessel under 100 feet in length overall not engaged in towing; or a vessel authorized by the Eighth Coast Guard District Commander.
Safety Zone; Outer Continental Shelf Facility in the Gulf of Mexico for Green Canyon 787
The Coast Guard proposes to establish a safety zone around a petroleum and gas production facility in Green Canyon 787 of the Outer Continental Shelf in the Gulf of Mexico. The facility needs to be protected from vessels operating outside the normal shipping channels and fairways, and placing a safety zone around this area would significantly reduce the threat of allisions, oil spills and releases of natural gas. This proposed rule prohibits all vessels from entering or remaining in the specified area around the facility's location except for the following: an attending vessel; a vessel under 100 feet in length overall not engaged in towing; or a vessel authorized by the Eighth Coast Guard District Commander.
Drawbridge Operation Regulations: Shrewsbury River, NJ
The Coast Guard has changed the drawbridge operation regulations that govern the operation of the Route 36 Bridge, mile 1.8, across the Shrewsbury River at Highlands, New Jersey. This change to the drawbridge operation regulations will allow the bridge owner to require an advance notice for bridge openings during periods the bridge has received few requests to open from 11 p.m. to 7 a.m., each day, and during the winter months from December 1 through March 31. This action is expected to help relieve the bridge owner from the burden of crewing the bridge at all times while continuing to meet the present needs of navigation.
Terms Imposed by States on Numbering of Vessels
This rule expands the number of conditions that a State may require in order for owners to obtain vessel numbering certificates in that State. Current Federal statutes and regulations limit these conditions to proof of ownership or payment of State or local taxes. The rule allows any State to impose proof of liability insurance as a condition for obtaining vessel numbering certificates in that State. Currently, States are not prohibited from requiring proof of liability insurance to operate a recreational vessel. However, States are prohibited from using an efficient mechanism, such as vessel registration, to manage and enforce such a requirement.
Special Local Regulations; Dania Beach/Hollywood Super Boat Race, Dania Beach/Hollywood, FL
The Coast Guard proposes to establish a temporary special local regulation for the Dania Beach/Hollywood Super Boat Race offshore in Dania Beach/Hollywood, Florida. These special local regulations restrict the movement of non-participating vessels and persons in the regulated race area and provide a viewing area for spectator craft. This rule is needed to provide for the safety of life on navigable waters during the event.
Implementation of Sector Mobile
The Coast Guard announces the stand-up of Sector Mobile. Sector Mobile Commanding Officer has the authority, responsibility and missions of Group Mobile and Marine Safety Office Mobile in one command. The Coast Guard has established a continuity of operations whereby all previous practices and procedures will remain in effect until superseded by an authorized Coast Guard official or document.
Drawbridge Operation Regulations: Townsend Gut, ME
The Coast Guard has temporarily changed the drawbridge operation regulations that govern the operation of the SR 27 Bridge, at mile 0.7, across Townsend Gut, between Boothbay Harbor and Southport, Maine. This temporary rule requires the bridge to open at specific times between 6 a.m. and 6 p.m., each day, from March 14, 2005 through November 30, 2005. Additionally, this temporary rule would also allow four 4-day closures during the effective period of this rule when the bridge may remain in the closed position. This action is necessary to help facilitate rehabilitation construction at the bridge.
Security Zone; Protection of Military Cargo, Captain of the Port Zone Puget Sound, WA
The Captain of the Port Puget Sound will begin enforcing the Budd Inlet security zone in West Bay, Olympia, WA, on Friday, March 11, 2005 at 8 a.m. Pacific Standard Time. The security zone provides for the security of Department of Defense assets and military cargo in the navigable waters of Puget Sound and adjacent waters. The security zone will be enforced until Tuesday, March 15, 2005 at 11:59 p.m. Pacific Standard Time.
National Boating Safety Advisory Council
The National Boating Safety Advisory Council (NBSAC) and its subcommittees on boats and associated equipment, aftermarket marine equipment, and prevention through people will meet to discuss various issues relating to recreational boating safety. All meetings will be open to the public.
Exclusion Zones for Marine LNG Spills
At the request of the Attorney General of Rhode Island, the Coast Guard is reopening the public comment period on a petition from the City of Fall River, Massachusetts. Fall River?s petition asks the Coast Guard to promulgate regulations establishing thermal and vapor dispersion exclusion zones for marine spills of liquefied natural gas, similar to Department of Transportation regulations for such spills on land. The Attorney General of Rhode Island asked that we reopen the comment period for an additional sixty days, to allow his office to review a threat analysis being prepared for its consideration.
Rates for Pilotage on the Great Lakes
The Coast Guard is changing the rates for pilotage on the Great Lakes. The last full-rate adjustment for pilotage on the Great Lakes became effective in August 2001, and a partial-rate adjustment became effective January 12, 2004. This change is necessary both to generate sufficient revenues for allowable expenses and to ensure that the pilots receive target compensation.
Merchant Marine Personnel Advisory Committee
The Merchant Marine Personnel Advisory Committee (MERPAC) and its working groups will meet to discuss various issues relating to the training and fitness of merchant marine personnel. MERPAC advises the Secretary of Homeland Security on matters relating to the training, qualifications, licensing, and certification of seamen serving in the U.S. merchant marine. All meetings will be open to the public.
Safety and Security Zones; Fifth Coast Guard District
The Coast Guard proposes to remove three established safety/ security zone regulations for Chesapeake Bay, Maryland, Captain of the Port Hampton Roads and Atlantic Ocean, Chesapeake and Delaware Canal, Delaware Bay, Delaware River and its tributaries. The Commander of the Fifth Coast Guard District recently issued a District-wide security zone regulation for escorted vessels that will make these three previously established safety/security zone regulations unnecessary. This proposed rule would eliminate any duplication between the three established safety/security zone regulations and the recently established District-wide security zone regulation for escorted vessels.
Security Zone; Fifth Coast Guard District
The Coast Guard is establishing permanent moving security zones around escorted vessels while they are in the navigable waters of the Fifth Coast Guard District. The security zones require all vessels in a 500-yard radius around escorted vessels, to operate at the minimum speed necessary to navigate safely and prohibits any vessels from entering within 100 yards of an escorted vessel. These security zones mitigate potential terrorist acts and enhance public and maritime safety and security.
Regulated Navigation Area; Humboldt Bay Bar Channel and Humboldt Bay Entrance Channel, Humboldt Bay, CA
The Coast Guard is designating the Humboldt Bay Bar Channel and the Humboldt Bay Entrance Channel as a Regulated Navigation Area (RNA) for certain commercial vessels transporting oil or hazardous material as cargo. This action is necessary to reduce significant hazards to subject vessels, the port and the public that are present during periods of poor weather conditions. The RNA codifies existing Captain of the Port San Francisco Bay (COTP) policies for vessels transporting oil or certain dangerous cargoes in bulk within Humboldt Bay.
Regulated Navigation Area and Security Zones; High Capacity Passenger Vessels in Alaska
The Coast Guard proposes to establish moving and fixed security zones in the navigable waters of Coast Guard District 17 around and under all high capacity passenger (HCP) vessels. The zones would extend 100 yards from HCP vessels while they are underway and 25 yards from HCP vessels while they are moored or anchored. The Coast Guard also proposes to establish a regulated navigation area that would require other vessels operating within 250 yards of a HCP vessel be subject to speed restrictions. These security zones and regulated navigation area are needed to secure and safeguard HCP vessels and ports from sabotage, terrorist acts, and other incidents. Entry into these security zones would be prohibited, unless specifically authorized by the Coast Guard District 17 Commander, cognizant Captain of the Port, or the on-scene official patrol.
Special Local Regulations for Marine Events; Severn River, College Creek, Weems Creek and Carr Creek, Annapolis, MD
The Coast Guard is amending the special local regulations at 33 CFR 100.518, established for marine events held annually in the Severn River, Annapolis, Maryland by publishing the name of the events, the dates and modifying the boundaries of the regulated area. The marine events included in this rule include the Safety at Sea Seminar, U.S. Naval Academy crew races and the Blue Angels air show. This rule is intended to restrict vessel traffic in portions of the Severn River during the period of these marine events and is necessary to provide for the safety of life on navigable waters during the event.
Collection of Information Under Review by Office of Management and Budget (OMB): OMB Control Numbers: 1625-0013, 1625-0032, 1625-0037, 1625-0041, and 1625-0042
In compliance with the Paperwork Reduction Act of 1995, the Coast Guard intends to seek the approval of OMB for the renewal of five Information Collection Requests (ICRs). The ICRs comprise (1) 1625- 0013, Plan Approval and Records for Load Lines, (2) 1625-0032, Vessel Inspection Related Forms and Reporting Requirements Under Title 46 U.S. Code, (3) 1625-0037, Certificates of Compliance, Boiler/Pressure Vessel Repairs, Cargo Gear Records, and Shipping Papers, (4) 1625-0041, Various International Agreement Pollution Prevention Certificates and Documents, and Equivalency Certificates, and (5) 1625-0042, Requirements for Lightering of Oil and Hazardous Material Cargoes. Before submitting the ICRs to OMB, the Coast Guard is inviting comments on them as described below.
Special Local Regulations; Rowing Regattas, Indian Creek, Miami Beach, FL
The Coast Guard is establishing temporary special local regulations for several rowing regattas on Indian Creek, in the vicinity of the 63rd Street Bridge, Miami Beach, Florida. This rule is necessary to insure the safety of life of participants and spectators in the regatta area. This rule is intended to restrict vessels from entering the regulated area during the events unless specifically authorized by the Captain of the Port, Miami, Florida, or his designated representative. The rule further prohibits anchoring or mooring in the regulated area during the events.
Drawbridge Operation Regulations; CSX Railroad, Hillsborough River, Mile 0.7, Tampa, FL
The Coast Guard proposes to change the regulations governing the operation of the CSX Railroad Bridge across the Hillsborough River, mile 0.7, Tampa, Florida. Previously owned by the Seaboard System Railroad, the bridge is now called the CSX Railroad Bridge vice the Seaboard System Railroad Bridge. This proposed rule would allow the bridge to operate using an automated system without an onsite bridge tender. Currently, the bridge is required to open on signal.
Drawbridge Operation Regulation; Bayou La Batre, Bayou La Batre, AL
The Coast Guard proposes to change the regulation governing the operation of the State Highway 188 vertical lift span bridge, across Bayou La Batre, mile 2.3, at Bayou La Batre, Alabama. The proposed rule would allow the draw of the bridge to remain closed to navigation at specific vehicular peak rush hour time periods due to an increase in commuter traffic, Monday through Friday. This rule will allow for better coordination and facilitate movement of both vehicular and marine traffic at the bridge site.
Anacortes General Anchorage and Cap Sante and Hat Island Tug and Barge General Anchorages, Anacortes, WA
The Coast Guard proposes to establish three general anchorages and two tug and barge general anchorages in the vicinity of Anacortes, Washington. These anchorages would reduce the risk of collisions, provide a more orderly movement of tanker traffic in and out of near by oil refineries, and keep the approaches to Guemes Channel open to transiting traffic while providing ample room for barge operations.
In the Matter of Union Oil Company of California
The Coast Guard gives notice of the assessment, by consent order, of a Class II administrative penalty against Union Oil Company of California (UNOCAL) for an unlawful oil discharge at UNOCAL's King Salmon oil production platform, in Cook Inlet, Alaska. The consent order was issued without prior public hearing. Interested persons may petition the Coast Guard to set aside the consent order and provide a hearing.
Drawbridge Operation Regulations: Harlem River, NY
The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the Triborough 125th Street Bridge, at mile 1.3, across the Harlem River, New York. Under this temporary deviation the Triborough 125th Street Bridge may remain in the closed position for thirty-days, April 1, 2005, through April 30, 2005. The purpose of this temporary deviation is to facilitate major structural repairs at the bridge.
Drawbridge Operation Regulations; Port Aransas Channel-Tule Lake, TX
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Tule Lake Vertical Lift Span Highway and Railroad Bridge across the Corpus ChristiPort Aransas Channel, mile 14.0, at Corpus Christi, Nueces County, Texas. This deviation allows the bridge to remain closed to navigation for four hours on two consecutive days. This temporary deviation is necessary for the removal of scaffolding used during the maintenance of the rope sheaves and for the cleaning and lubrication of the haul and counterweight ropes of the drawbridge.
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