[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Proposed Rules]
[Pages 53438-53440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24888]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

[COE-2017-0003]


Establishment of a Permanent Restricted Area for U.S. Coast Guard 
Yard, Baltimore, Maryland, in Curtis Creek and Arundel Cove

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The Corps of Engineers is proposing to establish a permanent 
restricted area for the U. S. Coast Guard in waters of Curtis Creek and 
Arundel Cove located in Baltimore, Maryland. The establishment of the 
restricted area is necessary to reflect the current security needs at 
U. S. Coast Guard Yard (CG Yard), Baltimore, Maryland, including the 
protection of Coast Guard-wide military assets. The CG Yard is the 
Coast Guard's only shipyard and its largest industrial facility. It 
performs major ship, electronics, and heavy weapons overhaul, repair, 
and manufacture. The CG Yard is also the host command for various Coast 
Guard commands supporting local and nationwide Coast Guard missions.

[[Page 53439]]


DATES: Written comments must be submitted on or before December 18, 
2017.

ADDRESSES: You may submit comments, identified by docket number COE-
2017-0003, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected]. Include the docket number, 
COE-2017-0003, in the subject line of the message.
    Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-R (David B. 
Olson), 441 G Street NW., Washington, DC 20314-1000.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments by hand delivery or courier.
    Instructions: Direct your comments to docket number COE-2017-0003. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://www.regulations.gov, 
including any personal information provided, unless the commenter 
indicates that the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI, or otherwise protected, through regulations.gov or 
email. The regulations.gov Web site is an anonymous access system, 
which means we will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
directly to the Corps without going through regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, we recommend that you 
include your name and other contact information in the body of your 
comment and also include your contact information with any disk or CD-
ROM you submit. If we cannot read your comment because of technical 
difficulties and cannot contact you for clarification, we may not be 
able to consider your comment. Electronic comments should avoid the use 
of any special characters, any form of encryption, and be free of any 
defects or viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov . All documents in the 
docket are listed. Although listed in the index, some information is 
not publicly available, such as CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Division, Washington, DC at 202-761-4922, or 
Steve Elinsky, Corps of Engineers, Baltimore District, Regulatory 
Branch, at 410-962-4503.

SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of 
the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and 
Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33 
U.S.C. 3), the Corps of Engineers is proposing amendments to 
regulations in 33 CFR part 334 for the establishment of a permanent 
restricted area in waters of Curtis Creek and Arundel Cove in 
Baltimore, Maryland. In a memorandum dated November 28, 2016, the U.S. 
Coast Guard requested that the Corps establish this permanent 
restricted area. The proposed permanent restricted area is necessary to 
fulfill the current security needs of the U.S. Coast Guard at this 
facility. The CG Yard is the U.S. Coast Guard's only shipyard and is 
its largest industrial facility. The CG Yard is used for major ship, 
electronics, and heavy weapons overhaul, repair, and manufacture.

Procedural Requirements

a. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This proposed rule has 
not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, this proposed rule has not been 
reviewed by the Office of Management and Budget (OMB), and pursuant to 
OMB guidance it is exempt from the requirements of Executive Order 
13771.
    The Corps has made a determination this proposed rule is not a 
significant regulatory action. This regulatory action determination is 
based on the size, duration, and location of the restricted area. The 
restricted area occupies only a portion of the waterway and a vessel 
that needs to transit the restricted area may do so if the operator of 
the vessel obtains permission from the Commanding Officer, U.S. Coast 
Guard Yard or his/her designated representative. Fishing, crabbing, 
trawling, net-fishing, and other aquatic activities may also be 
conducted with prior approval from the Commanding Officer, U.S. Coast 
Guard Yard or his/her designated representative.

b. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 Corps certifies under 5 U.S.C. 605(b) that this rule would not 
have a significant economic impact on a substantial number of small 
entities. While some owners or operators of vessels that intend to 
transit the restricted area may be small entities, for the reasons 
stated in paragraph (a) above this rule would not have a significant 
economic impact on any vessel owner or operator. In addition, the 
restricted area is necessary to address the current security needs at 
CG Yard, Baltimore, Maryland, including the protection of Coast Guard-
wide military assets. Small entities can utilize navigable waters 
outside of the restricted area. Small entities may also transit the 
restricted area as long as they obtain permission from the Commanding 
Officer, CG Yard or his/her designated representative. Unless 
information is obtained to the contrary during the comment period, the 
Corps expects that the economic impact of the proposed restricted area 
would have practically no impact on the public, any anticipated 
navigational hazard or interference with existing waterway traffic. 
After considering the economic impacts of this restricted area 
regulation on small entities, I certify that this action will not have 
a significant impact on a substantial number of small entities.

c. Review Under the National Environmental Policy Act

    Due to the administrative nature of this action and because there 
is no intended change in the use of the area, the Corps expects that 
this regulation, if adopted, will not have a significant impact to the 
quality of the human environment and, therefore, preparation of an 
environmental impact statement will not be required. An environmental 
assessment will be prepared after the public notice period is closed 
and all comments have been received and considered.

[[Page 53440]]

d. Unfunded Mandates Act

    This proposed rule does not impose an enforceable duty among the 
private sector and, therefore, it is not a Federal private sector 
mandate and it is not subject to the requirements of either Section 202 
or Section 205 of the Unfunded Mandates Act. We have also found under 
Section 203 of the Act, that small governments will not be 
significantly and uniquely affected by this rulemaking.

List of Subjects in 33 CFR Part 334

    Danger zones, Marine safety, Navigation (water), Restricted areas, 
Waterways.

    For the reasons set out in the preamble, the Corps proposes to 
amend 33 CFR part 334 as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

0
1. The authority citation for 33 CFR Part 334 continues to read as 
follows:

    Authority:  40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 
U.S.C. 3).

0
2. Add Sec.  334.145 to read as follows:


Sec.  334.145  Curtis Creek and Arundel Cove, U.S. Coast Guard Yard, 
Baltimore, Maryland; restricted area.

    (a) The area. The restricted area shall encompass all navigable 
waters of the United States as defined at 33 CFR part 329, within the 
area bounded by a line connecting the following coordinates: Commencing 
from the shoreline at latitude 39[deg]12'05.8'' N., longitude 
076[deg]34'28.4'' W.; thence to latitude 39[deg]12'04.8'' N., longitude 
076[deg]34'31'' W.; thence to latitude 39[deg]11'5.91'' N., longitude 
076[deg]34'28'' W.; thence to latitude 39[deg]11'4.48'' N., longitude 
076[deg]34'25'' W.; thence to latitude 39[deg]11'3.36'' N., longitude 
076[deg]34'06.9'' W. The datum for these coordinates is NAD-83.
    (b) The regulation. (1) The restricted area as described in 
paragraph (a) of this section is only open to government vessels. 
Government vessels include, but are not limited to, U.S. Coast Guard, 
U.S. Coast Guard Auxiliary, Department of Defense, National Oceanic and 
Atmospheric Administration, state and local law enforcement, emergency 
services and vessels under contract with the U.S. Government. Vessels 
transiting the restricted area shall proceed across the area by the 
most direct route and without unnecessary delay. Fishing, crabbing, 
trawling, net-fishing and other aquatic activities are prohibited 
without prior approval from the Commanding Officer, U.S. Coast Guard 
Yard or his/her designated representative. The U.S. Coast Guard will 
install marker buoys along some or all of the referenced coordinates to 
demarcate the limits of the restricted area. The Coast Guard will also 
install warning signs notifying individuals of the restricted area and 
prohibiting all unauthorized entry into the area will be posted along 
the property boundary.
    (2) All persons, vessels and other craft are prohibited from 
entering, transiting, drifting, dredging or anchoring within the 
restricted area as described in paragraph (a) of this section without 
prior approval from the Commanding Officer, U.S. Coast Guard Yard or 
his/her designated representative.
    (3) The restrictions described in paragraph (b)(1) of this section 
are in effect 24 hours a day, 7 days a week.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commanding Officer, U.S. Coast Guard Yard or such agencies as 
he/she may designate.

    Dated: November 9, 2017.
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2017-24888 Filed 11-15-17; 8:45 am]
 BILLING CODE 3720-58-P