[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Rules and Regulations]
[Pages 1362-1365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-171]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-1136]
RIN 1625-AA00
Safety Zone; Ice Conditions for the Baltimore Captain of Port
Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule with request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in all
navigable waters of the Captain of the Port Baltimore zone. The
temporary safety zone restricts vessels from transiting the zone during
the effective period, unless authorized by the Captain of the Port
Baltimore, or his designated representative. This safety zone is
necessary to protect mariners from the hazards associated with ice in
the navigable waterways.
DATES: This rule is effective in the CFR on January 10, 2011 through
April 15, 2011. This rule is effective with actual notice for purposes
of enforcement on December 22, 2010. Comments and related material must
reach the Coast Guard on or before February 9, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-1136 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: 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.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary interim rule, call or e-mail Ronald L. Houck, Sector
Baltimore Waterways Management Division, Coast Guard; telephone 410-
576-2674, e-mail [email protected]. If you have
[[Page 1363]]
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
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.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-1136), 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 (via 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 via http://www.regulations.gov, 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 e-mail 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,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-1136'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. 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 them 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 this rule
based on your comments.
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,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-1136'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
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).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four 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.
Regulatory Information
The Coast Guard is issuing this temporary interim 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
contrary to public interest to delay the effective date of this rule.
Delaying the effective date by first publishing an NPRM would be
contrary to the safety zone's intended objectives since immediate
action is necessary to protect persons and vessels against the hazards
associated with ice on navigable waters. Such hazards include vessels
becoming beset or dragged off course, sinking or grounding, and
creating hazards to navigation.
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. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment. Therefore, a 30-day notice is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels
from becoming beset or dragged off course, sinking or grounding, and
creating hazards to navigation.
Basis and Purpose
During a moderate or severe winter, frozen waterways present
numerous hazards to vessels. Ice in a waterway may hamper a vessel's
ability to maneuver, and could cause visual aids to navigation to be
submerged, destroyed or moved off station. Ice abrasions and ice
pressure could also compromise a vessel's watertight integrity, and
non-steel hulled vessels would be exposed to a greater risk of hull
breach.
When ice conditions develop to a point where vessel operations
become unsafe, it becomes necessary to impose operating restrictions to
ensure the safe navigation of vessels. A safety zone is a tool
available to the Captain of the Port (COTP) to restrict and manage
vessel movement when hazardous conditions exist. The COTP Baltimore is
establishing a safety zone within all navigable waters of the COTP
Baltimore zone. This safety zone will restrict certain vessels meeting
certain conditions specified from entering the navigable waters
included within the COTP Baltimore zone. Those vessels prohibited from
entering the safety zone will be specified via broadcast notice to
mariners and marine safety information bulletins.
Ice generally begins to form in the Upper Chesapeake Bay and its
tributaries, including the C & D Canal, in late December or early
January. During a moderate or severe winter, ice in navigable waters
can become a serious problem, requiring the use of Federal, State and
private ice breaking resources. The Commander, Coast Guard Sector
Baltimore will use his COTP authority to promote vessel safety in ice-
congested waters and the continuation of waterborne commerce throughout
the cold weather months.
[[Page 1364]]
Ice fields in the Upper Chesapeake Bay and its tributaries move
with prevailing winds and currents. Heavy ice buildups can occur in the
C & D Canal, from Town Point Wharf to Reedy Point. Other areas that are
commonly affected by high volumes of ice are: The Elk River,
Susquehanna River, Patapsco River, Nanticoke River, Wicomico River,
Tangier Sound, Pocomoke River and Sound, and the Potomac River. Once
ice buildup begins it can affect the transit of large ocean-going
vessels. This regulation is intended to mitigate the threat ice in the
COTP Baltimore zone poses to the maritime public.
Discussion of Rule
A safety zone is being established encompassing the COTP Baltimore
Zone, as described in 33 CFR 3.25-15. The Captain of the Port Baltimore
anticipates only having to enforce certain parts of the regulated area
at certain times. The purpose of this regulation is to promote maritime
safety and to protect mariners transiting the area from the potential
hazards due to ice conditions that become a threat to navigation. The
COTP will notify the maritime community, via marine broadcasts, of the
location and thickness of the ice as well as the ability of vessels to
transit through the safety zone depending on the prevailing ice
conditions. Prevailing ice conditions will be categorized as Condition
One, Condition Two, or Condition Three.
Ice Condition One is an emergency condition in which ice has
largely covered the regulated area. Under these conditions, convoys may
be required and restrictions based on shaft horsepower and a vessel's
planned transit may be imposed by the COTP on certain vessels seeking
to enter the safety zone.
Ice Condition Two is an alert condition in which at least 2 inches
of ice begins to form in the regulated area. The COTP Baltimore may
impose restrictions, including but not limited to, those based on shaft
horsepower and hull type restrictions for certain vessels seeking to
enter the safety zone.
Ice Condition Three is a readiness condition in which weather
conditions are favorable for the formation of ice in the regulated
area. Daily reports for the Coast Guard Stations and commercial vessels
are monitored, and no limitations for vessels seeking to enter the zone
based on vessel traffic, hull type or shaft horsepower are anticipated.
Regulatory Analyses
We developed this interim rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this regulation could hinder or
prevent traffic from transiting the COTP Baltimore Zone, the effect of
this regulation will not be significant because there is little vessel
traffic associated with recreational boating and commercial fishing
during the effective period.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 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 rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
operate, transit or anchor in the regulated area, from December 22,
2010 until April 15, 2010. This safety zone will not have a significant
economic impact on a substantial number of small entities due to a lack
of seasonal vessel traffic associated with recreational boating and
commercial fishing during the effective period. Although the safety
zone will apply to the entire COTP Baltimore Zone, the Captain of the
Port Baltimore anticipates only having to enforce certain parts of the
regulated area at certain times. Traffic will be allowed to pass
through the zone with the permission of the COTP Baltimore. Also, the
COTP Baltimore will notify the maritime community, via marine
broadcasts, of the location and thickness of the ice, as well as the
ability of vessels to transit through the safety zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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.
Taking of Private Property
This 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.
[[Page 1365]]
Civil Justice Reform
This 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.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This 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.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves establishing a temporary safety
zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
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: 33 U.S.C. 1226, 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; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T05-1136 to read as follows:
Sec. 165.T05-1136 Safety Zone; Baltimore Captain of the Port Zone.
(a) Regulated Area. The following area is a safety zone: The
navigable waters of the Captain of the Port Baltimore Zone, as
described in 33 CFR 3.25-15.
(b) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.23(d) of this
part.
(1) Vessels are prohibited from entering into or moving within the
safety zone unless they meet the requirements set forth by the Captain
of the Port (COTP) Baltimore for the prevailing ice conditions.
Requirements for entry during periods when the safety zone is enforced
will be described via Marine Safety Radio Broadcast on VHF-FM marine
band radio, channel 22A (157.1 MHZ). Requirements may include, but are
not limited to, the use of convoys, restrictions on shaft horsepower,
and hull type restrictions, dependent on the prevailing ice conditions
and vessel type.
(2) Persons desiring to transit in the safety zone not meeting the
requirements established by the COTP Baltimore must contact the COTP
Baltimore or his designated representative at telephone number 410-576-
2693 or on VHF-FM channel 16 (156.8 MHZ) to seek permission prior to
transiting the area. If permission is granted, all persons and vessels
shall comply with the instructions of the COTP Baltimore or his
designated representative.
(3) The Coast Guard vessels enforcing this safety zone can be
contacted on VHF-FM marine band radio channel 16 (156.8 MHZ). Upon
being hailed by a U.S. Coast Guard vessel, or other Federal, State, or
local agency vessel operating under the authority of the COTP
Baltimore, by siren, radio, flashing light, or other means, the
operator of a vessel shall proceed as directed. The COTP Baltimore and
his designated representatives can be contacted at telephone number
410-576-2693.
(4) The COTP Baltimore or his designated representative will notify
the public of any changes in the status of this safety zone by Marine
Safety Radio Broadcast on VHF-FM marine band radio channel 22A (157.1
MHZ).
(d) Definitions. As used in this section:
Captain of the Port Baltimore means the Commander, U.S. Coast Guard
Sector Baltimore, Maryland.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Baltimore to assist in enforcing the safety zone described in
paragraph (b) of this section.
(e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zones by Federal, State and local agencies.
(f) Enforcement period. This section will be enforced from December
22, 2010 until April 15, 2010.
Dated: December 22, 2010.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2011-171 Filed 1-7-11; 8:45 am]
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