[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Rules and Regulations]
[Pages 12595-12598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04010]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0986]
RIN 1625-AA00
Safety Zone for Ice Conditions; Baltimore Captain of the 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 has been enforced with actual notice from January 26,
2013, until February 25, 2013. This rule is effective in the Federal
Register on February 25, 2013 until April 15, 2013, unless cancelled
earlier by the Captain of the Port.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2012-0986. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. 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.
You may submit comments, identified by docket number, using any one
of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald L. Houck, Sector Baltimore Waterways
Management Division, U.S. Coast Guard; telephone 410-576-2674, email
[email protected]. If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. 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.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, 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 at
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, 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 email address, or a
[[Page 12596]]
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,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this
rulemaking.
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 comments 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 the rule
based on your comments.
2. 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,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on Open Docket Folder on the line associated with this
rulemaking. 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.
3. 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).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the 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.
B. Regulatory History and 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
impracticable. 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.
For similar reasons, 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.
C. Basis and Purpose
During an average 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 an average 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.
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.
D. Discussion of the Interim Rule
A safety zone is being established encompassing the COTP Baltimore
Zone, as described in 33 CFR 3.25-15. The COTP 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
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 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
[[Page 12597]]
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.
This rule has been enforced with actual notice since January 26,
2013 and it will be enforced until April 15, 2013, unless sooner
terminated by the COTP Baltimore.
E. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. 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.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during 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.
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 January 26, 2013
until April 15, 2013. 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.
3. Assistance for Small Entities
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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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.
8. 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.
9. 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.
10. Protection of Children From Environmental Health Risks
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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations
[[Page 12598]]
That Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 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 establishing a temporary safety zone.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
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. 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.T05-0986 to read as follows:
Sec. 165.T05-0986 Safety Zone for Ice Conditions; 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. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section,
Sec. 165.T05.0986.
(1) All vessels and persons 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 (a) of this section.
(e) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
(f) Enforcement period. This section will be enforced from January
26, 2013 until April 15, 2013.
Dated: January 26, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-04010 Filed 2-22-13; 8:45 am]
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