[Federal Register Volume 80, Number 131 (Thursday, July 9, 2015)]
[Proposed Rules]
[Pages 39403-39406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16808]



[[Page 39403]]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0051]
RIN 1625-AA11


Regulated Navigation Area; Ice Covered Waterways in the Fifth 
Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish a Regulated 
Navigation Area (RNA) on the navigable waters of the Fifth Coast Guard 
District. This RNA will allow the Coast Guard to impose and enforce 
restrictions on vessels operating within the RNA where a threat to 
navigation exists due to ice covered waterways. This action is 
necessary to promote navigational safety, provide for the safety of 
life and property, and facilitate the reasonable demands of commerce.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 7, 2015.
    Requests for public meetings must be received by the Coast Guard on 
or before August 10, 2015.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2014-0051. 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.
    You may submit comments, identified by docket number, using any one 
of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Tiffany Johnson, Fifth Coast Guard District Waterways 
Management Branch, U.S. Coast Guard; telephone 757-398-6516, 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

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
RNA Regulated Navigation Area

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2015-0051 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2015-0051 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    This is the first publication for this proposed action.

C. Basis and Purpose

    The legal basis for this rulemaking is 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; Public Law 107-295, 116 Stat. 2064; and DHS Delegation 
No. 0170.1. Under these authorities the Coast Guard may establish a 
Regulated Navigation Area in

[[Page 39404]]

defined water areas that are determined to have hazardous conditions 
and in which vessel traffic can be regulated in the interest of safety. 
The purpose of this RNA is to mitigate the potential threat ice poses 
to the maritime public in the Fifth Coast Guard District by 
implementing control measures on vessels of certain characteristics.
    During an average or severe winter, the presence of ice in 
waterways presents numerous hazards to vessels. Such hazards include 
vessels becoming beset or dragged off course, sinking or grounding and 
creating hazards to navigation. The presence of ice in a waterway may 
hamper a vessel's ability to maneuver. Visual aids to navigation may 
become submerged, destroyed, or moved off station, potentially 
misleading the vessel operator to unsafe waters. Ice abrasions and ice 
pressure may compromise a vessel's watertight integrity, and non-steel 
hulled vessels would be exposed to a greater risk of hull breach. 
Vessels operating in these conditions could introduce hazards to the 
maritime public and environment.
    To ensure navigation and vessel safety, the cognizant COTP will 
impose navigation restrictions through this regulation in ice covered 
waters. Ice generally begins to form in the northern area of the Fifth 
Coast Guard District between late December and early January, and later 
in the southern area. Once ice buildup begins, it may affect the 
transit of large ocean-going vessels. Air and water temperatures 
typically return to levels that are no longer favorable for ice 
formation in early to mid-March.

D. Discussion of the Proposed Rule

    To address the aforementioned hazards, this proposed rule will 
establish an RNA encompassing all navigable waters of the United 
States, as that term is used in 33 CFR 2.36, within the geographic 
boundaries of the Fifth Coast Guard District, as defined in 33 CFR 
3.25-1. The Coast Guard will implement control measures on vessels with 
certain characteristics in waterways when necessary to safeguard people 
and vessels from the hazards associated with ice. As indicated above, 
the Coast Guard expects to control marine traffic in certain waterways 
if ice conditions present hazards that threaten safe navigation.
    Whenever it is determined that control measures are necessary, the 
cognizant COTP will notify the maritime community of any limitations, 
restrictions, or prohibitions in place affecting vessels that intent to 
transit through the RNA. Notification will be through a variety of 
means, including via a variety of means, the Homeport Web site, Marine 
Safety Information Bulletins, email notifications and Broadcast Notice 
to Mariners. When determining if vessels may transit through the RNA, 
the Coast Guard will consider the prevailing ice conditions, hull 
material types, horsepower, volume of vessel traffic and any other 
relevant factors. Vessels capable of operating in the prevailing ice 
condition will be allowed to enter into or transit within the RNA as 
specified by the cognizant COTP.

E. Regulatory Analyses

    We developed this rulemaking 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 proposed 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 proposed 
regulation could limit or prevent traffic from transiting certain 
waterways in the Fifth Coast Guard District, the effect of this 
proposed regulation will not be significant because there is little 
vessel traffic associated with recreational boating and commercial 
fishing during the effective period. The Coast Guard anticipates only 
having to implement control measures in certain waterways within the 
RNA for limited durations of time. Vessel traffic capable of operating 
in such conditions will be allowed to enter into or transit within the 
RNA as specified by the cognizant COTP. The cognizant COTP will make 
notifications of the regulated area to the maritime public via maritime 
advisories so mariners can adjust their plans accordingly.

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 proposed rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
enter into or transit within the RNA during times when ice formation is 
favorable. This regulated navigation area will not have a significant 
economic impact on a substantial number of small entities for the same 
reasons described under Regulatory Planning and Review.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the proposed 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 proposed 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 proposed 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

[[Page 39405]]

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

8. Taking of Private Property

    This proposed 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 proposed rule involves establishing a temporary 
RNA. This proposed 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 
proposed 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 proposes 
to amend 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.550 to read as follows:


Sec.  165.550  Regulated Navigation Area; Ice Covered Waterways within 
the Fifth Coast Guard District.

    (a) Regulated area. The following area is a Regulated Navigation 
Area (RNA): The navigable waters of the Fifth Coast Guard District, as 
described in 33 CFR 3.25.
    (b) Definitions. As used in this section:
    (1) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the cognizant 
Captain of the Port (COTP) to assist in enforcing the RNA area 
described in paragraph (a) of this section.
    (2) Official patrol vessel means any Coast Guard, Coast Guard 
Auxiliary, state, or local law enforcement vessel(s) assigned and 
authorized by cognizant COTP.
    (3) Horsepower means the total maximum continuous shaft horsepower 
of a vessel's main propulsion machinery.
    (4) Cognizant COTP means the Coast Guard Captain of the Port with 
jurisdiction over the geographic area affected.
    (c) Regulations. (1) The general regulations governing Regulated 
Navigation Areas found in 33 CFR 165.10, 165.11, and 165.13, including 
the Regulated Navigation Area described in paragraph (a) and the 
following regulations, apply.
    (2) Except as provided in paragraph (c)(3) of this section, vessels 
of certain characteristics are not authorized to enter or transit 
within this RNA when the cognizant COTP determines prevailing ice 
conditions threaten the navigational safety of vessels. The cognizant 
COTP or designated representative will evaluate local marine 
environment conditions prior to issuing any control measures regarding 
vessel navigation. Control measures that may be implemented include, 
but are not limited to, vessel restrictions associated with horsepower 
and hull material type, and the requirement to participate in vessel 
convoys.
    (3) Any deviation from the requirements set forth by the cognizant 
COTP per paragraph (c)(2) of this section must be authorized by the 
Coast Guard District Commander, the cognizant COTP, or a designated 
representative. Vessels not meeting the requirements established by the 
cognizant COTP that are granted permission to enter or transit the RNA 
must do so in accordance with the directions provided by the cognizant 
COTP or designated representative. To request permission to transit the 
regulated navigation area, the COTP or COTP representative can be 
contacted on VHF-FM channel 16 (156.8 MHZ) or via telephone, as 
follows:
    (i) COTP Delaware Bay: 215-271-4940;
    (ii) COTP Baltimore: 410-576-2693;
    (iii) COTP Hampton Roads: 757-483-8567;
    (iv) COTP North Carolina: 910-343-3882.
    (4) The cognizant COTP will notify the public of restrictions via 
the methods described in 33 CFR 165.7, through the Coast Guard Homeport 
Web

[[Page 39406]]

site, Broadcast Notice to Mariners, Marine Safety Information 
Bulletins, and through email listservs. The Coast Guard vessels 
enforcing this RNA can be contacted on marine band radio VHF-FM channel 
16 (156.8 MHZ). The cognizant COTP and his or her designated 
representatives can be contacted at telephone number listed in 
paragraph (c)(3)(i) through (iv) of this section. Additionally, 
official patrol vessels may be on-scene to advise the public of 
enforcement of any restrictions on vessel navigation within the RNA.
    (5) The Cognizant COTP or a designated representative will notify 
the public of any changes in the status of this RNA via broadcast 
notices to mariners on marine band radio VHF-FM channel 22A (157.1 MHZ) 
or VHF-FM channel 16 (156.8 MHZ).

    Dated: June 2, 2015.
Robert J. Tarantino,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 2015-16808 Filed 7-8-15; 8:45 am]
 BILLING CODE 9110-04-P