Regulated
Navigation Areas and Moving Safety Zones (for Arrival/Departures
Throughout the Chesapeake Bay and Port of Baltimore)
Federal
Register - USCG Temporary Regulations
USCG - 5th District Local Notice to Mariners OpSail
Info
Regulated
Navigation Areas and Moving Safety Zones (for Arrival/Departures
Throughout the Chesapeake Bay and Port of Baltimore)
To ensure the safety of spectators and participants, the Unified
Command plans various vessel control actions, including Regulated
Navigation Areas (RNAS) for the arrival and departure of the tall
ships, as well as moving safety zones for Class A ships for transit
areas not in the immediate Port of Baltimore area. These regulations
will enable the CG to direct the movement of vessels navigating
within the RNAS, and provide a buffer for the larger sail ships
as they transit the Bay.
The RNA for the arrival on Friday, June 23 will enable arriving
vessels to perform close quarters maneuvers and berthing between
0800-1600. The area covered by the arrival RNA encompasses the Patapso
Rivers Northwest and Inner Harbors. From 1600-1800 on June 23, the
Inner Harbor from the Rusty Scupper Restaurant/Aquarium to the Inner
Harbor West Wall will be closed to spectator and recreational traffic.
There will be
no public docking or anchoring allowed in the Inner Harbor from
the Rusty Scupper Restaurant/Aquarium to the Inner Harbor West Wall
from June 23 to June 29.
The RNA for the departure on Thursday, June 29 from 1030 - 1430
will facilitate spectator viewing during the departure Parade of
Sail. The area will include designated anchorages and extend from
the Inner Harbor to Sparrows Point.
Once beyond the Patapso, Class A ships will be escorted under the
auspices of a safety zone.
The parade route
spectator areas will be marked with floating orange spheres and
marked vessels.
To enforce the
RNAs and moving safety zones, law enforcement components of the
Unified Command (USCG, Maryland State, and County agencies) will
utilize patrol vessels from local police and fire departments, Maryland
Natural Resources Police, as well as the Coast Guard and Coast Guard
Auxiliary,
Federal
Register - USCG Temporary Regulations
From the Federal Register: May 23, 2000, Volume 65, Number 100,
Page 33255-33258 {Rules and Regulations]
DEPARTMENT OF TRANSPORTATION - Coast Guard 33 CFR Parts 100, 110
and 165 [CGD 05-99-097] RIN 2115-AA97, AA98, AE46 OPSAIL 2000, Port
of Baltimore, MD
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
--------------------------------------------
SUMMARY: The Coast Guard is establishing
temporary regulations in the Port of Baltimore, Maryland for OPSAIL
2000 activities. This action is necessary to provide for the safety
of life on navigable waters before, during, and after OPSAIL 2000
events. This action will restrict vessel traffic in portions of
the Inner Harbor, the Northwest Harbor, the Patapsco River, and
the Chesapeake Bay.
DATES: This rule is effective from 6 a.m.
on June 23, 2000 to 11:30 p.m. on June 29, 2000.
ADDRESSES: Comments and materials received
from the public as well as documents indicated in this preamble
as being available in the docket, are part of docket CGD05-99-097
and are available for inspection or copying at Commander, (Aoax),
Fifth Coast Guard District, 431 Crawford Street, Portsmouth, Virginia
23704-5004 between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: S. L. Phillips,
Project Manager, Operations Division, Auxiliary Section, at (757)
398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 28, 2000 we published a notice of proposed rulemaking (NPRM)
entitled OPSAIL 2000, Port of Baltimore, MD, in the Federal Register
(65 FR 16355). We received no letters commenting on the proposed
rule. No public hearing was requested and none was held.
Background and Purpose
Sail Baltimore is sponsoring OPSAIL 2000 activities in the Port
of Baltimore, Maryland. Planned events include the arrival of 27
Tall Ships and other vessels on June 23, 2000 and a Parade of Sail
and scheduled departure of those vessels on June 29, 2000.
The Coast Guard anticipates a large spectator
fleet for these events. Operators should expect significant vessel
congestion along the arrival and parade routes.
The purpose of these regulations is to promote
maritime safety and protect participants and the boating public
in the Port of Baltimore and the waters of the Chesapeake Bay immediately
prior to, during, and after the scheduled events. The regulations
will provide for clear parade routes for the participating vessels,
establish no wake zones along the parade routes, provide a safety
buffer around the participating vessels while they are in transit,
and in certain anchorage areas, modify existing anchorage regulations
for the benefit of participants and spectators. The regulations
will impact the movement of all vessels operating in the specified
areas of the Port of Baltimore and the Chesapeake Bay.
It may be necessary for the Coast Guard to
establish additional safety or security zones in addition to these
regulations to safeguard dignitaries and certain vessels participating
in the event. If the Coast Guard deems it necessary to establish
such zones at a later date, the details of those zones will be announced
separately via the Federal Register, Local Notice to Mariners, Safety
Voice Broadcasts, and any other means available.
All vessel operators and passengers are reminded
that vessels carrying passengers for hire or that have been chartered
and are carrying passengers may have to comply with certain additional
rules and regulations beyond the safety equipment requirements for
all pleasure craft. When a vessel is not being used exclusively
for pleasure, but rather is engaged in carrying passengers for hire
or has been chartered and is carrying the requisite number of passengers,
the vessel operator must possess an appropriate license and the
vessel may be subject to inspection. The definition of the term
``passenger for hire'' is found in 46 U.S.C. 2101(21a). In general,
it means any passenger who has contributed any consideration (monetary
or otherwise) either directly or indirectly for carriage onboard
the vessel. The definition of the term ``passenger'' is found in
46 U.S.C. 2101(21). It varies depending on the type of vessel, but
generally means individuals carried aboard vessels except for certain
specified individuals engaged in the operation of the vessel or
the business of the owner/charterer. The law provides for substantial
penalties for any violation of applicable license and inspection
requirements. If you have any questions concerning the application
of the above law to your particular case, you should contact the
Coast Guard at the address listed in ADDRESSES for additional information.
Vessel operators are reminded they must have
sufficient facilities on board their vessels to retain all garbage
and untreated sewage. Discharge of either into any waters of the
United States is strictly forbidden. Violators may be assessed civil
penalties up to $25,000 or face criminal prosecution.
We recommend that vessel operators visiting
the Port of Baltimore for this event obtain up to date editions
of National Ocean Service Charts 12278 and 12281 to avoid anchoring
within a charted cable or pipeline area.
With the arrival of OPSAIL 2000 and spectator
vessels in the Port of Baltimore for this event, it will be necessary
to curtail normal port operations to some extent. Interference will
be kept to the minimum considered necessary to ensure the safety
of life on the navigable waters immediately before, during, and
after the scheduled events.
Discussion of Rule
The OPSAIL 2000 vessels are scheduled to arrive on June 23, 2000
and will follow a parade route of approximately 3 nautical miles
that includes specified waters of the Inner Harbor and Northwest
Harbor. TheOPSAIL 2000 vessels are scheduled to depart on June 29,
2000 and will follow a parade route of approximately 7 nautical
miles that includes specified waters of the Inner Harbor, Northwest
Harbor, and Patapsco River.
The safety of parade participants and spectators
requires that spectator craft be kept at a safe distance from the
parade routes during these vessel movements. The Coast Guard is
establishing special local regulations for the areas through which
the vessels will pass for the OPSAIL 2000 Tall Ships Arrival on
June 23, 2000 and the OPSAIL 2000 Parade of Sail on June 29, 2000.
In addition to establishing special local
regulations, we are establishing temporary moving safety zones around
OPSAIL 2000 vessels which are 175 feet or greater in length, to
ensure the safety of participants and spectators immediately prior
to, during, and following the parades.
The Coast Guard also is temporarily modifying
the existing anchorage regulations found at 33 CFR 110.158 to accommodate
OPSAIL 2000 and spectator vessels. Anchorage No. 1, Anchorage No.
4, Anchorage No. 5, and Anchorage No. 6 will be designated exclusively
for spectator vessels. Anchorage No. 3 will be designated exclusively
for passenger vessels. Anchorage No. 2 will be closed to all vessels
except OPSAIL 2000 vessels.
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.
The Office of Management and Budget has not reviewed it 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).
We expect 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.
The primary impact of these regulations will
be on vessels wishing to transit the affected waterways during the
Tall Ships Arrival on June 23, 2000 and the Parade of Sail on June
29, 2000. Although these regulations prevent traffic from transiting
a portion of the Inner Harbor, Northwest Harbor, and Patapsco River
during these events, that restriction is limited in duration, affects
only a limited area, and will be well publicized to allow mariners
to make alternative plans for transiting the affected area. Moreover,
the magnitude of the event itself will severely hamper or prevent
transit of the waterway, even absent these regulations designed
to ensure it is conducted in a safe and orderly fashion.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we considered
whether this rule would have a significant economic impact on a
substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact
on a substantial number of small entities.
This rule will affect the following entities,
some of which might be small entities: the owners or operators of
vessels intending to operate or anchor in portions of the Inner
Harbor, the Northwest Harbor, and the Patapsco River in the Port
of Baltimore, Maryland. The regulations will not have a significant
impact on a substantial number of small entities for the following
reasons: the restrictions are limited in duration, affect only limited
areas, and will be well publicized to allow mariners to make alternative
plans for transiting the affected areas. Moreover, the magnitude
of the event itself will severely hamper or prevent transit of the
waterway, even absent these regulations designed to ensure it is
conducted in a safe and orderly fashion.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding this rule so that they could better evaluate
its effects on them and participate in the rulemaking. We received
no requests for assistance in understanding the rule.
Small businesses may send comments on the
actions of the Federal employees who enforce, or otherwise determine
compliance with Federal regulations to the Small Business and Agriculture
Regulatory Enforcement Ombudsman and the Regional Small Business
Regulatory Fairness Boards. The Ombudsman evaluates these actions
annually and rates each agency's responsiveness to small business.
If you wish to comment on actions by employees of the Coast Guard,
call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
We have analyzed this rule under Executive Order 13132 and have
determined that this rule does not have implications for federalism
under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) governs
the issuance of Federal regulations that require unfunded mandates.
An unfunded mandate is a regulation that requires a State, local,
or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds
to pay those costs. This rule will not impose an unfunded mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This
rule is not an economically significant rule and does not concern
an environmental risk to health or risk to safety that may disproportionately
affect children.
Environment
We considered the environmental impact of this rule and concluded
that, under figure 2-1, paragraph (34)(g) and (h), of Commandant
Instruction M16475.1C; this rule is categorically excluded from
further environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket where indicated under ADDRESSES. By controlling
vessel traffic during these events, this rule is intended to minimize
environmental impacts of increased vessel traffic during the transits
of event vessels.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping requirements,
Waterways.
33 CFR Part 110
Anchorage grounds.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, Waterways.
Regulation
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Parts 100, 110, and 165 as follows:
PART 100--[AMENDED]
1. The authority citation for Part 100 continues to read as follows:
Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 100.35.
2. Add temporary Sec. 100.35T-05-097 to read as follows: Sec. 100.35T-05-097
Special Local Regulations; OPSAIL 2000, Port of Baltimore, MD.
(a) Definitions (1) Captain of the Port means the Commander, Coast
Guard Activities 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) Official Patrol Vessel includes all Coast Guard, public, state,
county or local law enforcement vessels assigned and/or approved
by Commander, Coast Guard Activities Baltimore.
(3) OPSAIL 2000 Vessel includes all vessels participating in Operation
Sail 2000 under the auspices of the Marine Event Permit submitted
for the Port of Baltimore and approved by Commander, Fifth Coast
Guard District.
(4) Parade of Sail is the outbound procession of OPSAIL 2000 vessels
as they navigate designated routes in the Port of Baltimore on June
29, 2000.
(5) Tall Ships Arrival is the inbound procession of OPSAIL 2000
vessels as they navigate designated routes in the Port of Baltimore
on June 23, 2000.
(b) Regulated Areas.
(1) Tall Ships Arrival Area: All waters of the Patapsco River, Baltimore,
Maryland, between the Ferry Bar Channel-East Section and the Inner
Harbor west bulkhead, bounded by a line drawn from the coordinates
at position latitude 39 deg.15'40" N, longitude 076 deg.34'50"
W, thence southeasterly to latitude 39 deg.15'23.5' N, longitude
076 deg. 34'44" W, thence easterly to latitude 39 deg.15'23.5"
N, longitude 076 deg.33'53" W.
(2) Parade of Sail Area: The waters of the Patapsco River, Northwest
Harbor and Inner Harbor enclosed by:
| Latitude |
|
Longitude |
| 39 deg.15'40.5"
N |
|
076 deg.34'47.5"
W, to |
| 39 deg.15'04.9"
N |
|
076 deg.34'43.7"
W, and |
| 39 deg.14'07.5"
N |
|
076 deg.33'37.7"
W, to |
| 39 deg.12'46.3"
N |
|
076 deg.32'02.6"
W, to |
| 39 deg.10'24.8"
N |
|
076 deg.31'01"
W, to |
| 39 deg.12'06.3"
N |
|
076 deg.29'43.2"
W, to |
| 39 deg.13'22.3"
N |
|
076 deg.31'15.7"
W, to |
| 39 deg.15'40.2"
N |
|
076 deg.33'33.7"
W |
All coordinates use Datum: NAD 83.
(c) Special Local Regulations. (1) Any person
or vessel within the regulated area must operate in strict conformance
with any directions given by the Captain of the Port and leave the
regulated area immediately if the Captain of the Port so orders.
(2) Unless otherwise directed by the Captain
of the Port, all vessels within the regulated area shall be operated
at the minimum speed required to maintain steerage and shall avoid
creating a wake.
(3) No vessel within the regulated area may
anchor except in conformance with 33 CFR 110.158.
(4) The Coast Guard and Official Patrol vessels
enforcing this section can be contacted on VHF Marine Band Radio,
channels 13 and 16. The Captain of the Port can be contacted at
telephone number (410) 576-2521 or 2693.
(5) The Captain of the Port will notify the
public of any changes in the status of the regulated area by a Marine
Safety Radio Broadcast on VHF-FM marine band radio, channel 22 (157.1
MHZ).
(d) Effective dates.
(1) Tall Ships Arrival Area. This section is effective from 9 a.m.
until 6 p.m. on June 23, 2000.
(2) Parade of Sail Area. Paragraph (b)(2) of this section is effective
from 10:30 a.m. until 2:30 p.m. on June 29, 2000.
PART 110--[AMENDED]
3. The authority citation for Part 110 continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 49
CFR 1.46 and 33 CFR 1.05-1(g).
4. From 10:30 a.m. until 2:30 p.m. on June
29, 2000, Sec. 110.158 is amended by adding paragraph (c) to read
as follows: Sec. 110.158 Baltimore Harbor, MD.
* * * * *
(c) Notwithstanding paragraphs (a) and (b)
of this section, the following temporary regulations apply from
10:30 a.m. until 2:30 p.m. on June 29, 2000 for OPSAIL 2000.
(1) Anchorage No. 1, Anchorage No. 4, Anchorage
No. 5, and Anchorage No. 6 are designated for the exclusive use
of spectator vessels. ``Spectator vessels'' includes any vessel,
commercial or recreational, being used for pleasure or carrying
passengers, that is in the Port of Baltimore to observe part or
all of the events attendant to OPSAIL 2000.
(2) Anchorage No. 2 is designated for the
exclusive use of OPSAIL 2000 vessels. ``OPSAIL 2000 Vessels'' includes
all vessels participating in Operation Sail 2000 under the auspices
of the Marine Event Permit submitted for the Port of Baltimore and
approved by the Commander, Fifth Coast Guard District.
(3) Anchorage No. 3 is designated for the
exclusive use of passenger vessels. ``Passenger vessel'' has the
meaning of that term in 46 U.S.C. 2101(22).
PART 165--[AMENDED]
5. The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1225 and 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
6. Add temporary Sec. 165.T05-097 to read
as follows: Sec. 165.T05-097 Safety Zone; OPSAIL 2000, Port of Baltimore,
MD.
(a) Definitions:
(1) Captain of the Port means the Commander, Coast Guard Activities
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) OPSAIL 2000 Vessels includes all vessels participating in Operation
Sail 2000 under the auspices of the Marine Event Permit submitted
for the Port of Baltimore and approved by Commander, Fifth Coast
Guard District.
(b) Location. The following areas are moving safety zones: All waters
within 150 yards ahead of or 50 yards outboard or aft of any OPSAIL
2000 vessel which is 175 feet or greater in length, while operating
on the Chesapeake Bay or its tributaries, north of the Maryland-Virginia
border and south of latitude 39 deg.35'00".
(c) Regulations.
(1) All persons are required to comply with the general regulations
governing safety zones in Sec. 165.23 of this part.
(2) No person or vessel may enter or navigate within the regulated
areas unless authorized to do so by the Captain of the Port. Any
person or vessel authorized to enter the regulated areas must operate
in strict conformance with any directions given by the Captain of
the Port and leave the regulated area immediately if the Captain
of the Port so orders.
(3) The Coast Guard vessels enforcing this section can be contacted
on VHF Marine Band Radio, channels 13 and 16. The Captain of the
Port can be contacted at telephone number (410) 576-2521 or 2693.
(4) The Captain of the Port will notify the public of any changes
in the status of this zone by a Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(d) Effective dates:
This section is effective from 6 a.m. on June 23, 2000 to 11:30
p.m. on June 29, 2000.
Dated: May 12, 2000
Thomas E. Bernard, Captain, U.S. Coast Guard, Acting Commander,
Fifth Coast Guard District
[FR Doc. 00-12877 Filed
5-22-00; 8:45 am]
BILLING CODE 4910-15-U
USCG
- 5th District Local Notice to Mariners OpSail Info 5/30/00
click here
for the complete text of the Notice
OpSAIL
2000 Information
OpSAIL 2000 will began 14 June, 2000 as the Tall Ships enter the
District Five Area. The Parade of Sails will start on 15 June, 2000
in the Hampton Roads area. The Parade of Sails will begin on 23
June, 2000 in the Baltimore and Philadelphia areas. All mariners
are requested to stay clear of the parades and observe the Rules
of the Road.
http://festeventsva.org/opsail.html
http://opsailvirginia.com
http://www.opsail2000.org
http://www.uscg.mil/d5/mso/hamptonroads/opsail.htm
MD - BALTIMORE
OP Sail 2000 Mariners are advised that a temporary Vessel Movement
Reporting System (VMRS) will be established during the arrival of
OpSail 2000 tall ships to the Port of Baltimore. This voluntary
reporting system becomes effective from 8:00 a.m. EDT (Eastern Daylight
Time) to 6:00 p.m. EDT on June 23, 2000.
The VMRS area
covers the COTP Baltimore zone from the Patapsco River, north to
the Chesapeake City Fixed Bridge, and south to the Chesapeake Channel
Lighted Bell Buoy 58 (LLNR 7410). Reporting is requested on VHF-FM
Channel 12 at specific checkpoints within the VMRS area, and at
regular intervals within the precautionary area approaches to the
Patapsco River.
VMRS users requested
to participate include (1) power-driven vessels of 40 meters (approximately
131 feet) or more in length, while navigating, (2) towing vessels
of 8 meters (approximately 26 feet) or more in length, while navigating
and engaged in towing, and (3) vessels certificated to carry 150
or more passengers for hire, when engaged in trade.
A "VMRS User
Guide" is available upon request. Contact Chief Warrant Officer
R. Houck, at Commander, Coast Guard Activities Baltimore, 2401 Hawkins
Point Road, Baltimore, Maryland, 21226-1791, telephone number (410)
576-2674.
OpSail
Baltimore 2000 is presented by
SAIL BALTIMORE
930
S. Wolfe St.
Baltimore, MD 21231
USA
phone: 410.522.7300
800.800.5679
fax: 410.522.3405
info@sailbaltimore.org
