[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Rules and Regulations]
[Pages 67651-67654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25958]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0870]
RIN 1625-AA00


Safety Zone; Patapsco River, Baltimore, MD

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Patapsco River. This action is necessary to 
provide for the safety of life on these navigable waters near the 
Francis Scott Key (I-695) Bridge, Baltimore, MD, while work crews 
install power transmission lines crossing over the Patapsco River on

[[Page 67652]]

December 3, 2021, and on December 4, 2021 (alternate dates December 6, 
2021, and on December 7, 2021). This regulation prohibits persons and 
vessels from being in the safety zone unless authorized by the Captain 
of the Port, Maryland-National Capital Region or a designated 
representative.

DATES: This rule is effective from 9 a.m. on December 3, 2021, to 3:30 
p.m. on December 7, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0870 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the 
Document Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ron Houck, Sector Maryland-National Capital Region 
Waterways Management Division, U.S. Coast Guard; telephone 410-576-
2674, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On November 17, 2021, Baltimore Gas and Electric Company (BGE) 
notified the Coast Guard that it will be conducting activities 
associated with the installation of new overhead power transmission 
lines crossing over the Patapsco River from the vicinity of the Hawkins 
Point terminal Station on the west side of the Patapsco River to a 
location just north of Sollers Point Terminal Station on the east side 
of the Patapsco River, from 9 a.m. to 11:30 a.m. and from 1 p.m. to 
3:30 p.m. on December 3, 2021, and during the same times on December 4, 
2021. If necessary due to inclement weather or other reason on December 
3, 2021, it will be enforced from 9 a.m. to 11:30 a.m. and from 1 p.m. 
to 3:30 p.m. on December 6, 2021. If necessary due to inclement weather 
or other reason on December 4, 2021, it will be enforced from 9 a.m. to 
11:30 a.m. and from 1 p.m. to 3:30 p.m. on December 7, 2021. This 
installation process requires the temporary closure of the navigation 
channel near the Francis Scott Key (I-695) Bridge and the temporary 
closure of other portions of the Patapsco River nearby.
    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 impracticable and contrary to 
public interest to delay the effective date of this rule. Immediate 
action is needed to respond to the potential safety hazards associated 
with the installation of new overhead power transmission lines crossing 
over the Patapsco River within the navigation channel near the Francis 
Scott Key (I-695) Bridge and other portions of the Patapsco River 
nearby. The Coast Guard was unable to publish a NPRM due to the short 
time period between project planners notifying the Coast Guard of the 
work and publication of this safety zone. It is impracticable and 
contrary to the public interest to publish an NPRM because we must 
establish this safety zone by December 3, 2021.
    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. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to respond to the potential safety 
hazards associated with the installation of power transmission lines 
over the Patapsco River adjacent to Francis Scott Key (I-695) Bridge 
conducted within the federal navigation channel and other portions of 
the river nearby. Such hazards include low-hanging or falling ropes and 
cables, helicopter rotor downwash and noise, dangerous projectiles, and 
or other debris.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP Maryland-National Capital 
Region has determined that potential hazards associated with the 
overhead power transmission line installation work will be a safety 
concern for anyone transiting the Patapsco River. This rule is needed 
to ensure the safety of vessels and the navigable waters in the safety 
zone before, during, and after the scheduled work.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 a.m. on December 3, 
2021, to 3:30 p.m. on December 7, 2021. The safety zone will be 
enforced from 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m. on 
December 3, 2021, and during the same times on December 4, 2021. If 
necessary due to inclement weather or other reason on December 3, 2021, 
it will be enforced from 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 
p.m. on December 6, 2021. If necessary due to inclement weather or 
other reason on December 4, 2021, it will be enforced from 9 a.m. to 
11:30 a.m. and from 1 p.m. to 3:30 p.m. on December 7, 2021. The safety 
zone will cover all navigable waters of the Patapsco River, encompassed 
by a line connecting the following points beginning at the shoreline at 
Thoms Cove at position latitude 39[deg]12'36'' N, longitude 
076[deg]32'50'' W, thence east and south along the shoreline to Hawkins 
Point at latitude 39[deg]12'40'' N, longitude 076[deg]31'58'' W, thence 
northeast across the Patapsco River to Coffin Point at latitude 
39[deg]13'55'' N, longitude 076[deg]30'18'' W, thence west and north 
along the shoreline to Sollers Point at latitude 39[deg]14'01'' N, 
longitude 076[deg]30'59'' W, thence west across the Patapsco River to 
and terminating at the point of origin, located at Baltimore, MD.
    The duration of the rule and enforcement of the zone is intended to 
ensure the safety of vessels and these navigable waters while the 
activities associated with the installation of new overhead power 
transmission lines crossing over the Patapsco River are being 
conducted. The COTP will notify the public that the safety zone will be 
enforced by all appropriate means to the affected segments of the 
public, as practicable, in accordance with 33 CFR 165.7(a). Such means 
of notification may also include, but are not limited to, Broadcast 
Notice to Mariners. Vessels or persons violating this rule are subject 
to the penalties set forth in 46 U.S.C. 70036 (previously codified in 
33 U.S.C. 1232) and 46 U.S.C. 70052 (previously codified in 50 U.S.C. 
192).
    Except for craft and equipment operated by BGE, or its 
subcontractors, no vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses

[[Page 67653]]

based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

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. 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).
    This regulatory action determination is based on the size, 
duration, day-of-week, and time of year of the safety zone. Vessels or 
persons will not be allowed to enter or transit a portion of the 
Patapsco River for a total 10 enforcement-hours. Due to the nature of 
the work and the hazards it presents to the workers and the public, the 
COTP has identified the need to close the Patapsco River in the 
vicinity of the overhead power line crossing while this work is 
ongoing. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone.

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 Coast Guard received no comments from the Small Business 
Administration on this 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(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 a 
safety zone lasting only 10 total enforcement hours that will prohibit 
entry within certain navigable waters of the Patapsco River. It is 
categorically excluded from further review under paragraph L60(c) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T05-0870 to read as follows:


Sec.  165.T05-0870  Safety Zone; Patapsco River, Baltimore, MD.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Patapsco River, encompassed by a line connecting the 
following points beginning at the shoreline at Thoms Cove at position 
latitude 39[deg]12'36'' N, longitude 076[deg]32'50'' W, thence east and 
south along the shoreline to Hawkins Point at latitude 39[deg]12'40'' 
N, longitude 076[deg]31'58'' W, thence northeast across the Patapsco 
River to Coffin Point at

[[Page 67654]]

latitude 39[deg]13'55'' N, longitude 076[deg]30'18'' W, thence west and 
north along the shoreline to Sollers Point at latitude 39[deg]14'01'' 
N, longitude 076[deg]30'59'' W, thence west across the Patapsco River 
to and terminating at the point of origin, located at Baltimore, MD. 
These coordinates are based on datum NAD 83.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard 
Sector Maryland-National Capital Region.
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port Maryland-National 
Capital Region (COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by telephone at 410-576-2693 or on Marine Band Radio 
VHF-FM channel 16 (156.8 MHz). Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the safety zone by Federal, State, and 
local agencies.
    (e) Enforcement periods. This section will be enforced:
    (1) From 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m. on 
December 3, 2021. If necessary due to inclement weather or other reason 
on December 3, 2021, it will be enforced from 9 a.m. to 11:30 a.m. and 
from 1 p.m. to 3:30 p.m. on December 6, 2021.
    (2) From 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m. on 
December 4, 2021. If necessary due to inclement weather or other reason 
on December 4, 2021, it will be enforced from 9 a.m. to 11:30 a.m. and 
from 1 p.m. to 3:30 p.m. on December 7, 2021.

    Dated: November 23, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2021-25958 Filed 11-26-21; 8:45 am]
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