[Federal Register Volume 90, Number 164 (Wednesday, August 27, 2025)]
[Rules and Regulations]
[Pages 41788-41790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16353]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0076]
RIN 1625-AA00
Safety Zone; Patapsco River, Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for certain
waters of the Patapsco River, in Baltimore, MD within 2,000 yards
around position latitude 39[deg]12.40' N, longitude 076[deg]31.00 W.
The Coast Guard is establishing this safety zone to protect personnel
and vessels from possible grounding or allision with a submerged hatch
cover from the M/V W SAPPHIRE. Additionally, the safety zone is needed
to ensure a safe working environment for the first responders and dive
teams from passing traffic. This rule will prohibit persons or vessels
from entering this zone unless specifically authorized by the Captain
of the Port (COTP) Sector Maryland-National Capital Region (NCR) or a
designated representative.
DATES: This rule is effective without actual notice from August 27,
2025 through September 15, 2025. For the purposes of enforcement,
actual notice will be used from August 20, 2025, until August 27, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0076 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 LCDR Kate M. Newkirk, Sector Maryland-NCR, 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, Sector Maryland-National Capital Region
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
[[Page 41789]]
II. Background Information and Regulatory History
The Coast Guard is establishing a safety zone intended to protect
personnel and vessels in these navigable waters from a submerged cargo
hatch from the M/V W SAPPHIRE. It is being enforced until the vessel's
hatch covers are recovered or the Captain of the Port deems transiting
is safe. No vessel or person is permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.
The zone would cover all navigable waters of the Patapsco River for
2,000 yards around position latitude 39[deg]12.40' N, longitude
076[deg]31.00 W.
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory 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 to publish an NPRM without delaying
promulgation of the final rule establishing this safety zone past
August 20, 2025. Immediate action is needed to protect personnel and
vessels from the potential hazards associated with the vessel
explosion.
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 because the rule must be in effect as
soon as possible to respond to the potential safety hazards associated
with the jettison of a large metal hatch as a result of an explosion on
the M/V W SAPPHIRE.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port, Sector Maryland-National Capital Region
(COTP) has determined that potential hazards are associated with the
ships explosion and jettison of a large metal hatch overboard. This
rule is needed to protect personnel and vessels in the navigable waters
within the safety zone while the submerged hatch is unaccounted for.
IV. Discussion of the Rule
This rule establishes a 2,000-yard temporary safety zone around
position latitude 39[deg]12.40' N, longitude 076[deg]31.00 W. The
safety zone will cover all navigable waters within the 2,000-yard
radius of the last known position of the submerged hatch cover.
The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before and during the salvage of the
metal hatch. No vessel or person is 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
based on a number of these statutes and Executive orders.
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).
B. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules not
subject to notice and comment. As the Coast Guard has, for good cause,
waived the notice and comment requirement that would otherwise apply to
this rulemaking, the Regulatory Flexibility Act's flexibility analysis
provisions do not apply here.
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
[[Page 41790]]
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting 28 total days,
that would prohibit entry within a portion of the Potomac River.
Normally such actions are categorically excluded from further review
under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination will be available in the docket.
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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T05-0076 to read as follows:
Sec. 165.T05-0076 Safety Zone; Patapsco River.
(a) Location. The following area is a safety zone for all navigable
waters of the Patapsco River in 2,000 yards around position latitude
39[deg]12.40' N, longitude 076[deg]31.00 W. 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 any Coast Guard commissioned,
warrant, or petty officer, 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, except for marine equipment, 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. If a
vessel or person is notified by the COTP, or the COTP's designated
representative that they have entered the safety zone without
permission, they are required to immediately leave in a safe manner
following the directions given.
(2) Mariners requesting to transit any of these safety zone areas
must first contact the COTP or their representative. If permission is
granted, mariners proceed at their own risk and must strictly observe
any, and all instructions provided by the COTP or designated
representative to the mariner regarding the conditions of entry to and
exit from any area of the safety zone. The COTP or the COTP's
representative can be contacted by telephone number 410-576-2693 or on
Marine Band Radio VHF-FM channel 16 (156.8 MHz).
(3) The Coast Guard will publish a notice in the Coast Guard
District East Local Notice to Mariners and issue marine information
broadcasts on VHF-FM marine band radio announcing specific enforcement
dates and times.
(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 period. This section will be enforced from August
20, 2025 through September 15, 2025.
Dated: August 20, 2025.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2025-16353 Filed 8-26-25; 8:45 am]
BILLING CODE 9110-04-P