Coast Guard April 2007 – Federal Register Recent Federal Regulation Documents

The Coast Guard is establishing a temporary safety zone in the navigable waters of San Francisco Bay for the loading, transport, and launching of fireworks used during a wedding celebration display. This safety zone is established to ensure the safety of participants and spectators. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or his designated representative.

The Coast Guard is establishing a temporary safety zone in Port Washington Harbor, Port Washington, WI. This zone is intended to restrict vessels from a portion of Port Washington Harbor and Lake Michigan during the Port Pirate Festival fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays.

The Coast Guard is soliciting public comment on the need to continue providing high frequency (HF) radio broadcasts of weather forecasts and warnings. Public comment is necessary in order to assess the demand for the HF radio broadcasts of weather forecasts in each of three forms: (1) Radiofacsimile; (2) voice; and, (3) Simplex Teletype Over Radio (SITOR), also known as Narrow Band Direct Printing (NBDP). The infrastructure necessary to provide these services has exceeded its life expectancy; the equipment is no longer manufactured, repairs are difficult to accomplish, and spare parts generally are not available. Because of the very significant costs involved to continue these specific HF radio services, the Coast Guard requires information on the extent to which these services are used by the public and what alternative services are being used or are available to obtain weather forecasts and warnings.

The Coast Guard is amending its regulations on merchant mariner documentation to implement section 3509 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act), which allows for the issuance of merchant mariner documents (MMDs) to certain non-resident aliens for service in the stewards departments of U.S.-flag large passenger vessels endorsed for coastwise trade. Coast Guard regulations currently prohibit the Coast Guard from issuing MMDs, which are required for service on large passenger vessels, to non- immigrant aliens. This interim rule amends Coast Guard regulations to allow the Coast Guard to issue MMDs to qualified non-resident aliens who are authorized to be employed in the United States. This rule also sets the requirements that these aliens must meet in order to qualify for MMDs, and the requirements for the large passenger vessels that may choose to hire these aliens. This interim rule only applies to large passenger vessels, as defined under the Warner Act.

The Coast Guard will enforce the special local regulations (SLR) for the annual ``Blessing of the Pleasure Craft Fleet'' sponsored by the Corinthian Yacht Club in the navigable waters of San Francisco Bay on April 29, 2007. This action is necessary to control vessel traffic and to ensure the safety of event participants and spectators during the formation and transit of vessels involved in the ceremonies. During the enforcement period spectator vessels may not anchor, block, loiter, nor impede the through transit of participants or official patrol vessels within the area described during the event without permission from the Coast Guard Patrol Commander.

The United States Coast Guard is establishing a security zone encompassing waters within 2-nautical miles of Church Point at 37- 12.45N, 076-46.66W, Jamestown Island, VA, for America's 400th Anniversary celebration. This action is intended to restrict vessel traffic within the security zone. This security zone is necessary to protect attendees of this event from potential maritime hazards and threats and enhance public and maritime security.

The Coast Guard is proposing to amend its regulations to establish additional safety zones on the waters of the Columbia River located in the Area of Responsibility (AOR) of the Captain of the Port, Portland, Oregon during annual fireworks displays. The Captain of the Port, Portland Oregon is taking this action to safeguard watercraft and their occupants from safety hazards associated with these displays. Entry into these zones is prohibited unless authorized by the Captain of the Port.

The Coast Guard is establishing a temporary special local regulation for the ULHRA National Series Hydroplane Race to be held on the waters of the Columbia River in the vicinity of Columbia Park, Kennewick, WA. These special local regulations limit the movement of non-participating vessels in the regulated race area. This temporary rule is needed to provide for the safety of life on navigable waters during the event.

The Coast Guard is revising the drawbridge operations for the Pekin Railroad Drawbridge, Mile 151.2, at Pekin, Illinois and the Chessie Railroad Drawbridge, Mile 254.1 at Seneca, Illinois across the Illinois Waterway. The present regulation found in Sec. 117.393(b) is being revised to reflect the actual procedures that have always been followed. That regulation was intended to be temporary, for test purposes only, and was inadvertently permanently included in the Code of Federal Regulations. This rule eliminates the ``Specific Requirements'' for remote operation, and the bridge will continue to operate, as required by the Coast Guard, under the ``General Requirements''. In addition, the Coast Guard is revising the regulation governing the operation of the Chessie Railroad Drawbridge across the Illinois Waterway, Mile 254.1, at Seneca, Illinois. The existing regulation requires the drawspan to open on signal. This revision is necessary to reflect a change in operating procedure.

The Coast Guard is reinstating the temporary safety zone around the blasting and dredging project near the Gulf Oil Terminal Berth in South Portland, Maine and around the M/V RELIANCE. 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.

The Coast Guard proposes establishing a temporary safety zone for the Town of Marblehead Fourth of July Fireworks. This safety zone is necessary to protect the life and property of the maritime public from the potential hazards associated with a fireworks display. The safety zone would temporarily prohibit entry into or movement within this portion of Marblehead Harbor during the closure period.

The Coast Guard proposes establishing a temporary safety zone for the Town of Beverly Homecoming Fireworks in Beverly, Massachusetts currently scheduled to occur on August 5, 2007 temporarily closing all navigable waters of Beverly Harbor within a five hundred (500) yard radius of the fireworks launch barge located at approximate position 42[deg] 32.650 N, 070[deg] 51.980 W. The safety zone is needed to protect the maritime public from the potential hazards posed by a fireworks display. The safety zone will prohibit entry into or movement within this portion of Beverly Harbor during its effective period.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Ferry Street Bridge, across the Quinnipiac River, mile 0.7, at New Haven, Connecticut. This deviation, allows the bridge owner to keep one of the two moveable bascule spans in the closed position from April 16, 2007 through September 27, 2007. This deviation is necessary to facilitate scheduled bridge maintenance.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the P.J. McArdle Bridge across the Chelsea River at mile 0.3, between Chelsea and East Boston, Massachusetts. Under this temporary deviation, the bridge may remain in the closed position from 8 a.m. to 5 p.m., on June 16, 2007. Vessels that can pass under the draw without a bridge opening may do so at all times. This deviation is necessary to facilitate the annual Chelsea River Revel and 5K Road Race.

The National Maritime Security Advisory Committee (NMSAC) will conduct a meeting by teleconference to discuss the DHS Strategy to Enhance International Supply Chain Security.

The Coast Guard proposes to establish special local regulations for the ``Carolina Cup Regatta'', a power boat race to be held on the waters of the Pasquotank River, Elizabeth City, North Carolina. 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 portions on the Pasquotank River adjacent to Elizabeth City, North Carolina during the power boat race.

The Coast Guard is establishing a temporary safety zone upon certain waters of the Potomac River during a fireworks display. This action is necessary to provide for the safety of life on navigable waters during a fireworks display launched from a barge, located in a cove near Oxon Hill, Maryland. This action will restrict vessel traffic in a portion of the Potomac River.

The Coast Guard is establishing temporary special local regulations during the ``Baltimore County Community Waterfront Festival'', an event to be held May 12, 2007 at Martin Lagoon, Middle River, Maryland. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Middle River waterfront to accommodate watercraft static displays, fire-rescue demonstrations and a fireworks display.

The Coast Guard proposes to establish a temporary Safety Zone during the ``Avalon Family Fun Festival Fireworks Display'', an event to be held July 6, 2007. This Safety Zone is necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in the regulated area within coastal waters adjacent to Avalon, New Jersey to accommodate a fireworks display.

The Coast Guard is establishing a temporary safety zone on Muskegon Lake near Muskegon, MI. This zone is intended to restrict vessels from a portion of the Muskegon Lake during the Michigan Aerospace Challenge Rocket Launch. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with sport rockets.

On October 13, 2006, the Coast Guard published a notice of interpretation that the prohibition in 46 U.S.C. 6308 on the use of any part of a report of a Coast Guard marine casualty investigation report (MCIR) in certain administrative proceedings does not prohibit use of such reports in the process used by the Coast Guard's National Pollution Funds Center (NPFC) for determining to pay or deny claims under the Oil Pollution Act of 1990. We received two comments in response to the notice, neither of which effects the interpretation.

The Coast Guard proposes to establish a permanent safety zone upon certain waters of the Patapsco River, Northwest Harbor, and Inner Harbor during the movement of the historic sloop-of-war USS CONSTELLATION, annually, on the Friday following Labor Day. This action is necessary to provide for the safety of life on navigable waters during the tow of the vessel from its berth at the Inner Harbor in Baltimore, Maryland, to a point on the Patapsco River near the Fort McHenry National Monument and Historic Shrine in Baltimore, Maryland, and return. This action will restrict vessel traffic in portions of the Patapsco River, Northwest Harbor, and Inner Harbor during the event.

This document contains a correction to the section addressing appeals for orders issued pursuant to the Coast Guard's regulations implementing the Ports and Waterways Safety Act (USCG-2006-25150) published on July 12, 2006, in the Federal Register (71 FR 39206).

The Coast Guard will enforce the Tulip Time Fireworks and Water Ski Show special local regulation on Lake Macatawa in Holland, Michigan on May 4, 2007. This action is necessary to protect the public from the hazards associated with fireworks displays. During the enforcement period no person or vessel may enter the regulated area without the permission of the Captain of the Port or his designated representative.