[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Rules and Regulations]
[Pages 12338-12341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05475]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0292]
RIN 1625-AA00
Safety Zone for Ice Conditions; Chesapeake and Delaware Canal,
Upper Chesapeake Bay, and Tributaries, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in all
navigable waters within the northern portion of the Chesapeake Bay and
its tributaries, including the western portion of the Chesapeake and
Delaware Canal, located between the Delaware/Maryland Boundary Line
across the Chesapeake and Delaware Canal east of Chesapeake City, MD,
and a line drawn across the Chesapeake Bay at the William P. Lane, Jr.
(US-50/301) Memorial Bridges, located between Sandy Point and Kent
Island, MD. The temporary safety zone restricts vessels from transiting
the zone during the effective period, unless authorized by the Captain
of the Port Baltimore or his designated representative. This safety
zone is necessary to protect mariners from the hazards associated with
ice in the navigable waterways.
DATES: This rule is effective without actual notice from March 9, 2015
until April 15, 2015. For the purposes of enforcement, actual notice
will be used from the date the rule was signed, February 17, 2015 until
March 9, 2015.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2014-0292. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald L. Houck, Sector Baltimore Waterways
Management Division, U.S. Coast Guard; telephone 410-576-2674, email
[email protected]. If you have questions on viewing or submitting
material to the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is contrary to public interest to
delay issuing this rule. Delaying the rule by first publishing an NPRM
would be contrary to the public interest in the safety zone's intended
objective to protect persons and vessels against the hazards associated
with ice on navigable waters. Such hazards include vessels becoming
beset or dragged off course, sinking or grounding, and creating hazards
to navigation.
For similar reasons, 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.
B. Basis, Purpose, and Discussion
The legal basis for this rule is provided by 33 U.S.C. 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1. The purpose of
this rule is to protect personal and vessel safety against dangers
posed by frozen waterways.
During an average or severe winter, frozen waterways present
numerous hazards to vessels. Ice in a waterway may hamper a vessel's
ability to maneuver, and could cause visual aids to navigation to be
submerged, destroyed or moved off station. Ice abrasions and ice
pressure could also compromise a vessel's watertight integrity, and
non-steel hulled vessels would be exposed to a greater risk of hull
breach.
When ice conditions develop to a point where vessel operations
become unsafe, it becomes necessary to impose operating restrictions to
ensure the safe navigation of vessels. A safety zone is a tool
available to the Captain of the Port (COTP) to restrict and manage
vessel movement when hazardous conditions exist. The COTP Baltimore is
establishing a safety zone within all navigable waters within the
northern portion of the Chesapeake Bay and its tributaries, including
the western portion of the Chesapeake and Delaware Canal, located
between the Delaware/Maryland Boundary Line across the
[[Page 12339]]
Chesapeake and Delaware Canal east of Chesapeake City, MD, and a line
drawn across the Chesapeake Bay at the William P. Lane, Jr. (US-50/301)
Memorial Bridges, located between Sandy Point and Kent Island, MD. This
safety zone will restrict certain vessels meeting certain conditions
specified from entering the navigable waters within the northern
portion of the Chesapeake Bay and its tributaries, including the
western portion of the Chesapeake and Delaware Canal, located between
the Delaware/Maryland Boundary Line across the Chesapeake and Delaware
Canal east of Chesapeake City, MD, and a line drawn across the
Chesapeake Bay at the William P. Lane, Jr. (US-50/301) Memorial
Bridges, located between Sandy Point and Kent Island, MD. Those vessels
prohibited from entering the safety zone will be specified via
broadcast notice to mariners and marine safety information bulletins.
Ice generally begins to form in the Upper Chesapeake Bay and its
tributaries, including the C & D Canal, in late December or early
January. During an average or severe winter, ice in navigable waters
can become a serious problem, requiring the use of federal, state and
private ice breaking resources. The Commander, Coast Guard Sector
Baltimore will use his COTP authority to promote vessel safety in ice-
congested waters and the continuation of waterborne commerce throughout
the cold weather months.
Ice fields in the Upper Chesapeake Bay and its tributaries move
with prevailing winds and currents. Heavy ice buildups can occur in the
C & D Canal, from Town Point Wharf to Reedy Point. Other areas that are
commonly affected by high volumes of ice are within the approaches to
Baltimore Harbor, including: The Elk River, Susquehanna River, Patapsco
River, and the approaches to Baltimore Harbor. Once ice buildup begins
it can affect the transit of large ocean-going vessels. This regulation
is intended to mitigate the threat ice poses to the maritime public.
C. Discussion of the Interim Rule
A safety zone is being established encompassing navigable waters
within the northern portion of the Chesapeake Bay and its tributaries,
including the western portion of the Chesapeake and Delaware Canal,
located between the Delaware/Maryland Boundary Line across the
Chesapeake and Delaware Canal east of Chesapeake City, MD, and a line
drawn across the Chesapeake Bay at the William P. Lane, Jr. (US-50/301)
Memorial Bridges, located between Sandy Point and Kent Island, MD. The
COTP Baltimore anticipates only having to enforce certain parts of the
regulated area at certain times. The purpose of this regulation is to
promote maritime safety and to protect mariners transiting the area
from the potential hazards due to ice conditions that become a threat
to navigation. The COTP Baltimore will notify the maritime community,
via marine broadcasts, of the location and thickness of the ice as well
as the ability of vessels to transit through the safety zone depending
on the prevailing ice conditions. Prevailing ice conditions will be
categorized as Condition One, Condition Two, or Condition Three.
Ice Condition One is an emergency condition in which ice has
largely covered the regulated area. Under these conditions, convoys may
be required and restrictions based on shaft horsepower and a vessel's
planned transit may be imposed by the COTP on certain vessels seeking
to enter the safety zone.
Ice Condition Two is an alert condition in which at least 2 inches
of ice begins to form in the regulated area. The COTP Baltimore may
impose restrictions, including but not limited to, those based on shaft
horsepower and hull type restrictions for certain vessels seeking to
enter the safety zone.
Ice Condition Three is a readiness condition in which weather
conditions are favorable for the formation of ice in the regulated
area. Daily reports for the Coast Guard Stations and commercial vessels
are monitored, and no limitations for vessels seeking to enter the zone
based on vessel traffic, hull type or shaft horsepower are anticipated.
This rule has been enforced with actual notice since February 17,
2015 and it will be enforced until April 15, 2015, unless sooner
terminated by the COTP Baltimore.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
could hinder or prevent traffic from transiting within the northern
portion of the Chesapeake Bay and its tributaries, including the
western portion of the Chesapeake and Delaware Canal, located between
the Delaware/Maryland Boundary Line across the Chesapeake and Delaware
Canal east of Chesapeake City, MD, and a line drawn across the
Chesapeake Bay at the William P. Lane, Jr. (US-50/301) Memorial
Bridges, located between Sandy Point and Kent Island, MD., the effect
of this regulation will not be significant because there is little
vessel traffic associated with recreational boating and commercial
fishing during the effective period.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 may be
small entities: The owners or operators of vessels intending to
operate, transit or anchor in the regulated area, from February 17,
2015 until April 15, 2015. This safety zone will not have a significant
economic impact on a substantial number of small entities due to a lack
of seasonal vessel traffic associated with recreational boating and
commercial fishing during the effective period. Although the safety
zone will apply to the northern portion of Chesapeake Bay and its
tributaries, including the western portion of the Chesapeake and
Delaware Canal, located between the Delaware/Maryland Boundary Line
across the Chesapeake and Delaware Canal east of Chesapeake City, MD,
and a line drawn across the Chesapeake Bay at the William P. Lane, Jr.
(US-50/301) Memorial Bridges, located between Sandy Point and Kent
Island, MD, the COTP Baltimore anticipates only having to enforce
certain parts of the regulated area at certain times. Traffic will be
allowed to pass through the zone with the permission of the COTP
Baltimore. Also, the COTP Baltimore will notify the maritime community,
via marine broadcasts, of the location and thickness of the ice, as
well as the ability of vessels to transit through the safety zone.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
[[Page 12340]]
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of 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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. Protection of Children From Environmental Health Risks
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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishing a temporary safety zone.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
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. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T05-0292 to read as follows:
Sec. 165.T05-0292 Safety Zone for Ice Conditions; Chesapeake and
Delaware Canal and Upper Chesapeake Bay, and their tributaries; MD.
(a) Regulated Area. The following area is a safety zone: The
navigable waters within the northern portion of the Chesapeake Bay and
its tributaries, including the western portion of the Chesapeake and
Delaware Canal, located between the Delaware/Maryland Boundary Line
across the Chesapeake and Delaware Canal east of Chesapeake City, MD,
and a line drawn across the Chesapeake Bay at the William P. Lane, Jr.
(US-50/301) Memorial Bridges, located between Sandy Point and Kent
Island, MD.
(b) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section,
Sec. 165.T05-0292.
(1) All vessels and persons are prohibited from entering into or
moving within the safety zone unless they meet the requirements set
forth by the Captain of the Port (COTP) Baltimore for the prevailing
ice conditions. Requirements for entry during periods when the safety
zone is enforced will be
[[Page 12341]]
described via Marine Safety Radio Broadcast on VHF-FM marine band
radio, channel 22A (157.1 MHZ). Requirements may include, but are not
limited to, the use of convoys, restrictions on shaft horsepower, and
hull type restrictions, dependent on the prevailing ice conditions and
vessel type.
(2) Persons desiring to transit in the safety zone not meeting the
requirements established by the COTP Baltimore must contact the COTP
Baltimore or his designated representative at telephone number 410-576-
2693 or on VHF-FM channel 16 (156.8 MHZ) 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 or his
designated representative.
(3) The Coast Guard vessels enforcing this safety zone can be
contacted on VHF-FM marine band radio channel 16 (156.8 MHZ). Upon
being hailed by a U.S. Coast Guard vessel, or other Federal, State, or
local agency vessel operating under the authority of the COTP
Baltimore, by siren, radio, flashing light, or other means, the
operator of a vessel shall proceed as directed. The COTP Baltimore and
his designated representatives can be contacted at telephone number
410-576-2693.
(4) The COTP Baltimore or his designated representative 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).
(c) Definitions. As used in this section:
Captain of the Port Baltimore means the Commander, U.S. Coast Guard
Sector Baltimore, Maryland.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Baltimore to assist in enforcing the safety zone described in
paragraph (a) of this section.
(d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
(e) Enforcement period. This section will be enforced from February
17, 2015 until April 15, 2015.
Dated: February 17, 2015.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2015-05475 Filed 3-6-15; 8:45 am]
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