[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Rules and Regulations]
[Pages 9942-9943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5105]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD 05-98-004]
RIN 2115-AE84
Regulated Navigation Area Regulation: Ice Operations in
Chesapeake Bay
AGENCY: Coast Guard, DOT.
ACTION: Direct final rule.
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SUMMARY: By this direct final rule, the Coast Guard is removing a
regulation for an ice navigation season Regulated Navigation Area (RNA)
within the northern portion of Chesapeake Bay and its tributaries,
including the Chesapeake and Delaware Canal. The Coast Guard is
removing the regulation because it believes the regulation places
unnecessary general restrictions on vessels, which can more
appropriately be imposed individually on a case-by-case basis.
DATES: This rule is effective on May 28, 1998, unless the Coast Guard
receives written adverse comments or written notice of intent to submit
adverse comments on or before April 28, 1998. If the Coast Guard
receives a written adverse comment or written notice of intent to
submit a written adverse comment, the Coast Guard will publish a timely
withdrawal of all or part of this Direct Final Rule.
ADDRESSES: Comments may be mailed to Commander, U.S. Coast Guard
Activities Baltimore, 2401 Hawkins Point Road, Baltimore, MD 21226-
1797, or may be delivered to the same address between 7:30 and 4 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
(410) 576-2547. Comments will become part of this docket and will be
available for inspection or copying at the above address, between 7:30
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Brooks Minnick, U.S. Coast Guard Activities
Baltimore, 2401 Hawkins Point Road, Baltimore, MD 21226, (410) 576-
2585.
SUPPLEMENTARY INFORMATION:
Request for Comments
Any comments must identify the names and address of the person
submitting the comment, specify the rulemaking docket (CGD 05-98-004)
and the specific section of this rule to which each comment applies,
and give the reason for each specific comment. Please submit two copies
of all comments and attachments in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing.
Persons wanting acknowledgement of receipt of comments should enclose
stamped, self-addressed postcards or envelopes.
Regulatory Information
The Coast Guard is publishing a direct final rule, the procedures
of which are outlined in 33 CFR 1.05-55, because this rule removes a
regulatory burden and no adverse comments are anticipated. If no
adverse comments or written notices of intent to submit adverse comment
are received within the specified comment period, this rule will become
effective as stated in the DATES section. In that case, approximately
30 days prior to the effective date, the Coast Guard will publish a
document in the Federal Register stating that no adverse comment was
received and confirming that this rule will become effective as
scheduled. However, if the Coast Guard receives written adverse
comments or written notices of intent to submit adverse comment, the
Coast Guard will publish a document announcing withdrawal of all or
part of this direct final rule. If adverse comments apply to only part
of this rule, and it is possible to remove that part without defeating
the purpose of this rule, the Coast Guard may adopt as final those
parts of this rule on which no adverse comments were received. The part
of this rule that was the subject of adverse comment will be withdrawn.
If the Coast Guard decides to proceed with a rulemaking following
receipt of adverse comments, a separate Notice of Proposed Rulemaking
(NPRM) will be published and a new opportunity for comment provided.
A comment is considered ``adverse'' if the comment explains why
this rule would be inappropriate, including a challenge to the rule's
underlying premise or approach, or would be ineffective or unacceptable
without a change.
Background and Purpose
Ice conditions frequently exist during the winter months on the
northern portion of Chesapeake Bay and its tributaries, including the
Chesapeake and Delaware Canal. Severe ice conditions may threaten the
safety of persons, vessels and the environment. In the past, the Coast
Guard annually activated by a notice of implementation, a Regulated
Navigation Area (RNA) in which the Captain of the Port (COTP) Baltimore
imposed certain operational restrictions on vessels in response to ice
conditions. COTP Baltimore is the only zone in the Coast Guard that has
an established RNA to control vessel movement during the ice season.
Recent practice has been to place restrictions in effect
continuously through the winter months because it is difficult to
forecast exact dates when severe ice conditions may begin and end. The
Coast Guard now believes that a regulation that imposes general,
continuous restrictions on all applicable vessels is unnecessary. The
Coast Guard believes that prudent mariners can
[[Page 9943]]
adequately decide, based on prevailing ice conditions, whether to
transit, taking into account individual vessel handling characteristics
and specifications. If necessary to enhance safety, however, the
Captain of the Port Baltimore may still impose restrictions on
individual vessels on a case-by-case basis. This change will also make
procedures in the COTP Baltimore zone consistent with other zones' ice
season procedures.
The Captain of the Port Baltimore plans to establish a hot line
that mariners can call for information about ice conditions and
recommendations about which channels to transit. Because the ice season
varies with the weather, Activities Baltimore will announce by
Broadcast Notice to Mariners and publication in Local Notice to
Mariners the start of the hot line and the phone number to call. The
information about the hot line will be announced at least four times
daily, and the broadcasts will continue throughout the ice season.
Discussion of Rules
This direct final rule removes the regulation in 33 CFR 165.503
that established a Regulated Navigation Area in the Chesapeake Bay
during the ice season, typically between December and March of each
year.
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. If
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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard must consider the economic impact on small entities of a rule for
which a general notice of proposed rulemaking is required. ``Small
entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
This direct final rule removes a regulation that imposed
restrictions on vessels identified in 33 CFR 165.510(c) that transited
in the described Regulated Navigation Area between December and March.
Therefore, the Coast Guard finds that this rule will not have a
significant economic impact on a substantial number of small entities.
Any comments submitted in response to this finding will be evaluated
under the criteria described earlier in the preamble for comments.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501-3520).
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.lB, (as revised by 59 FR 38654, July 29, 1994), this rule is
categorically excluded from further environmental documentation. A
``Categorical Exclusion Determination'' is available in the docket for
inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, Waterways.
Regulations
For the reasons set out 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; 33 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
Sec. 165.503 [Removed]
2. Remove Sec. 165.503.
Dated: February 11, 1998.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 98-5105 Filed 2-26-98; 8:45 am]
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