[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Rules and Regulations]
[Pages 64203-64204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25272]



[[Page 64203]]

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Restricted Area, Curtis Creek and Arundel Cove, United States 
Coast Guard Yard, Baltimore, Maryland

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

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers (Corps) is amending its 
regulations to establish a restricted area in the waters of Curtis 
Creek and Arundel Cove extending offshore from the United States Coast 
Guard Yard, Baltimore, located in Baltimore, Maryland. The restricted 
area is necessary to address the current security and safety needs at 
U.S. Coast Guard Yard (CG Yard), Baltimore, Maryland, including the 
protection of Coast Guard-wide military assets as the CG Yard is the 
Coast Guard's only shipyard and largest industrial facility; performing 
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.

DATES: Effective date: December 23, 2019.

ADDRESSES: Headquarters, U.S. Army Corps of Engineers, Operations and 
Regulatory Division, 441 G Street NW, Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Division, Washington, DC at 202-761-4922 or 
by email at [email protected].

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 is amending its regulations to establish a 
restricted area in the waters of Curtis Creek and Arundel Cove 
extending offshore from the United States Coast Guard Yard, Baltimore, 
located in Baltimore, Maryland. The restricted area is necessary to 
address the current security and safety needs at U.S. Coast Guard Yard 
(CG Yard), Baltimore, Maryland, including the protection of Coast 
Guard-wide military assets as the CG Yard is the Coast Guard's only 
shipyard and largest industrial facility; performing 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.
    The proposed rule was published in the November 16, 2017, edition 
of the Federal Register (82 FR 53438) and the docket number was COE-
2017-0003. In November 2016, the Corps' Baltimore District issued a 
public notice on its web page soliciting comments on the proposal. The 
District received one comment from an adjacent property owner 
concerning the proposed location of the restricted area in relation to 
his parcel. The CG Yard was contacted by the District and it was 
determined that incorrect coordinates in the vicinity of the commenters 
parcel had been initially provided. Corrected coordinates were 
subsequently provided to the District by the CG Yard. In response, the 
District notified the commenter and the coordinates were amended in the 
rule text. In addition, the CG Yard initially proposed channel markers 
within Curtis Creek to demarcate the restricted area. During the 
establishment process, the CG Yard amended the request and proposed 
signage that would be placed along the shoreline.
    In the November 16, 2017, proposal, the Corps made a preliminary 
determination that the proposed rule does not require the preparation 
of an Environmental Impact Statement, and that an environmental 
assessment would be prepared for the final rule. The regulations 
governing the National Environmental Policy Act (NEPA) do not require 
draft environmental assessments to be available for public comment. 
Federal agencies are only required to solicit public comments to inform 
decision-making. Given the administrative nature of the proposed rule 
and the substance of the comments received, we have determined that an 
environmental assessment is the appropriate mechanism for complying 
with NEPA requirements. Public input on the proposed action was 
solicited using Federal Register noticing and local public noticing. 
Public comments received in response to the notices were documented and 
fully considered during final agency decision making.

Administrative 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 rule has not been designated a ``significant regulatory 
action,'' under Executive Order 12866. Accordingly, this 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 determined this 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. In accordance with 33 CFR 
334.3(b), the authority to prescribe danger zone and restricted area 
regulations must be exercised so as not to unreasonably interfere with 
or restrict the food fishing industry. The final rule states that 
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. Entities 
that want to conduct other activities in or near the restricted area 
may need to obtain other approvals from the applicable federal, state, 
or local government authority.
    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

[[Page 64204]]

or his/her designated representative. The Corps determined that the 
restricted area would have practically no economic impact on the 
public, would not result in an anticipated navigational hazard, and 
would not cause 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. An 
environmental assessment (EA) has been prepared. We concluded that the 
establishment of a restricted area at United States Coast Guard Yard, 
Baltimore, will not have a significant impact to the quality of the 
human environment and, therefore, preparation of an environmental 
impact statement is not required. The final EA and Finding of No 
Significant Impact may be reviewed at the Baltimore District Office. 
Please contact Mr. Steve Elinsky at the phone number specified above 
for further information.
    d. Unfunded Mandates Reform Act. This rule does not impose an 
enforceable duty among the private sector and, therefore, is not a 
Federal private sector mandate and is not subject to the requirements 
of Section 202 or 205 of the Unfunded Mandates Reform Act (Pub. L. 104-
4, 109 Stat. 48, 2 U.S.C. 1501 et seq.). We have also found, under 
Section 203 of the Act, that small governments will not be 
significantly or uniquely affected by this rule.
    e. Congressional Review Act. The Congressional Review Act, 5 U.S.C. 
801 et seq., generally provides that before a rule may take effect, the 
agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. We will submit a report 
containing the final rule and other required information to the U.S. 
Senate, the U.S. House of Representatives, and the Comptroller General 
of the United States. A major rule cannot take effect until 60 days 
after it is published in the Federal Register. This final rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 33 CFR Part 334

    Danger zones, Navigation (water), Transportation, Waterways.

    For the reasons stated in the preamble, the Corps is amending 33 
CFR part 334 to read 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; restricted area.

    (a) The area. All of the navigable waters of Curtis Creek extending 
approximately 120 meters from the high-water mark of the United States 
Coast Guard facility, bounded by these coordinates (including the 
Arundel Cove): 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 076'34'32'' W; thence to latitude 
39[deg]11'59'' N, longitude 076[deg]34'28'' W; thence to latitude 
39[deg]11'44.8'' N, longitude 076[deg]34'25'' W; thence to latitude 
39[deg]11'44.5'' N, longitude 076[deg]34'07'' W; and thence along the 
shoreline to the point of origin. The datum for these coordinates is 
NAD-83.
    (b) The regulations. (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 Coast Guard will install 
warning signs along the shoreline notifying individuals of the 
restricted area and prohibiting all unauthorized entry into the area 
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, seven days a week.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commanding Officer, U.S. Coast Guard Yard or such persons or 
agencies he/she may designate.

    Dated: November 14, 2019.
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2019-25272 Filed 11-20-19; 8:45 am]
 BILLING CODE 3720-58-P