Safety Zone; Baltimore Captain of Port Zone, 3859-3862 [2010-1265]
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Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations
a.m., from May 15 to September 30 from
10 p.m. to 6 a.m., and from 8 p.m. on
December 24 until and including 6 a.m.
on December 26 of every year; and shall
open on signal at all other times.
Dated: January 4, 2010.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
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
Ronald.L.Houck@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2010–1264 Filed 1–22–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–1130]
RIN 1625–AA00
Safety Zone; Baltimore Captain of Port
Zone
Coast Guard, DHS.
Temporary interim rule with
request for comments.
AGENCY:
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ACTION:
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 waterway.
DATES: This temporary interim rule is
effective in the CFR on January 25, 2010
until April 15, 2010. This temporary
interim rule is enforceable with actual
notice by Coast Guard personnel
beginning on January 6, 2010.
Comments and related material must
reach the Coast Guard on or before
February 24, 2010 or reach the Docket
Management Facility by that date.
ADDRESSES: You may submit comments
identified by docket number USCG–
2009–1130 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://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
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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.
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 https://
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–2009–1130),
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 https://
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 https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand delivery, 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
https://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–2009–1130’’ in the ‘‘Keyword’’
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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 81⁄2 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
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2009–
1130’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit either 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, system of records 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
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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 any
delay encountered in this regulation’s
effective date by publishing a NPRM
would be contrary to public interest.
Immediate action is needed to mitigate
the potential safety hazards associated
with ice in the navigable waterway to
life and property.
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 unexpected nature
and growth of ice formation in the
Upper Chesapeake Bay and its
tributaries and the Chesapeake and
Delaware (C & D) Canal, the safety zone
is necessary to protect life and property.
Therefore a 30-day notice is
impracticable.
Background 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 that will restrict access to certain
vessels meeting certain conditions
specified. 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
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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.
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 vessel 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
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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
January 6, 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 will notify the maritime
community, via marine broadcasts, of
the location and thickness of the ice, as
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well as the ability of vessels to transit
through the safety zone.
Interference with Constitutionally
Protected Property Rights.
Assistance for Small Entities
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.
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.
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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 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 effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
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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
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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 which 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 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
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.
2. Add temporary § 165.T05–1130 to
read as follows:
■
§ 165.T05–1130 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
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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, 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).
(c) 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.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zones by Federal,
State and local agencies.
(e) Enforcement period. This section
will be enforced from January 6, 2010
until April 15, 2010.
Dated: January 6, 2010.
Mark P. O’Malley,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore, Maryland.
[FR Doc. 2010–1265 Filed 1–22–10; 8:45 am]
BILLING CODE 9110–04–P
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NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
36 CFR Part 1280
[FDMS Docket NARA–09–003]
RIN 3095–AB60
Photography in Public Exhibit Space
AGENCY: National Archives and Records
Administration (NARA).
ACTION: Final rule.
SUMMARY: NARA has revised its
regulations on the use of film,
photographic and videotape equipment
inside the National Archives Building in
Washington, DC. Filming,
photographing, and videotaping for
personal use will be prohibited in
exhibits of the National Archives
Experience (NAE) in Washington, DC,
including the Declaration of
Independence, the Constitution and the
Bill of Rights (known as the Charters of
Freedom) in the Rotunda of the National
Archives Building. In 2003 NARA
installed exhibit cases for displaying the
Charters and other NAE documents to
provide better clarity for viewing the
exhibits. NARA seeks to ensure the
necessary protection for the documents
from the cumulative effects of
photographic flash and to enhance the
overall visitor experience.
DATES: This rule is effective February
24, 2010.
FOR FURTHER INFORMATION CONTACT:
Marilyn Redman at telephone number
301–837–3174 or fax number 301–837–
0319.
SUPPLEMENTARY INFORMATION: On July
31, 2009, NARA published a proposed
rule in the Federal Register (74 FR
38153) for a 60-day public comment
period. This proposed rule banned all
filming, photographing and videotaping
for personal use in exhibit areas of the
National Archives Experience (NAE) in
Washington, DC. The public comment
period closed on September 29, 2009. In
response, NARA received comments
from three private citizens. All three of
the commenters were opposed to the
proposed rule.
Each of the commenters suggested
that NARA install filters to the existing
exhibit casing in order to protect the
documents from damaging exposure to
light sources. NARA used filters in
earlier exhibit cases. Although, filters
can remove high energy visible light and
ultraviolet radiation, which are the most
damaging light components, they do so
by blocking some light in the blue and
green part of the spectrum diminishing
visibility of the display. NARA’s 2003
renovations to the Rotunda included the
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removal of previously installed green
filters to enhance the documents’
visibility and show the true colors of the
documents thereby improving the
visitors’ experience. For document
protection, the National Archives now
filters exhibit lighting at its source to
remove all ultraviolet and high energy
visible light.
One commenter suggested that the
inability to take photographs would
create problems for tourists and
professional photographers. To be clear,
professional photographers and
members of the media will continue to
be permitted to take photographs and
video footage of the exhibits and
documents on display in the NAE with
special permission and with available
light, e.g. without the use of any flash
or steady light source, just as they have
been allowed to do in the past pursuant
to 36 CFR 1280.52. This final rule
applies only to the general public, who
are the source of most photographic
flash from either accidental or
intentional action.
Another comment submitted in
response to the proposed rule
questioned whether or not camera flash
was truly harmful to documents.
Current flash technology generally relies
on halogen bulbs and the flash
discharge contains a significant percent
of ultraviolet radiation, a high energy
radiation that can cause ink to fade and
damage to paper and other supports.
About a million visitors come to the
National Archives exhibitions. The
camera flashes that occur now, despite
posted signs, add up to many thousands
per year. We estimate 50,000 flash
discharges in the Rotunda annually
under present rules. The extra light and
ultraviolet radiation from these flashes
hastens damage to the documents.
Several comments raised concerns
about the enactment of the proposed
rule on the quality of the visitor
experience. One letter suggested that
every American needs to be encouraged
to visit and photograph the documents
on display. Another suggested that
NARA must make the documents
accessible and available to the public,
and that by prohibiting photography,
NARA will make its exhibits less useful
to tourists because they will no longer
be able to record their memories. The
commenter further claimed that visitors
are forced to shuffle past the documents
at a pace that ensures only a brief
glimpse of the documents before being
asked to move along. Without a
photograph to fall back on, their visit to
NAE will only be a blurry memory.
NARA does not believe that this rule
will create problems for tourists. The
agency believes this rule creates a better
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]]>Agencies
[Federal Register Volume 75, Number 15 (Monday, January 25, 2010)]
[Rules and Regulations]
[Pages 3859-3862]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1265]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-1130]
RIN 1625-AA00
Safety Zone; Baltimore Captain of Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule with request for comments.
-----------------------------------------------------------------------
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 waterway.
DATES: This temporary interim rule is effective in the CFR on January
25, 2010 until April 15, 2010. This temporary interim rule is
enforceable with actual notice by Coast Guard personnel beginning on
January 6, 2010. Comments and related material must reach the Coast
Guard on or before February 24, 2010 or reach the Docket Management
Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-1130 using any one of the following methods:
(1) Federal eRulemaking Portal: https://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 Ronald.L.Houck@uscg.mil. If you have 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 https://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-2009-1130), 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 https://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 https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand delivery, 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 https://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-2009-1130'' 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 https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-1130'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit either 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, system of
records 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
[[Page 3860]]
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 any delay encountered in this
regulation's effective date by publishing a NPRM would be contrary to
public interest. Immediate action is needed to mitigate the potential
safety hazards associated with ice in the navigable waterway to life
and property.
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 unexpected nature and
growth of ice formation in the Upper Chesapeake Bay and its tributaries
and the Chesapeake and Delaware (C & D) Canal, the safety zone is
necessary to protect life and property. Therefore a 30-day notice is
impracticable.
Background 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 that will restrict access to certain vessels meeting
certain conditions specified. 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.
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 vessel
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 January 6, 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 will notify the maritime community, via marine broadcasts, of the
location and thickness of the ice, as
[[Page 3861]]
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 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 effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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 which 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 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.
0
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 temporary Sec. 165.T05-1130 to read as follows:
Sec. 165.T05-1130 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
[[Page 3862]]
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, 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).
(c) 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.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zones by Federal, State and local agencies.
(e) Enforcement period. This section will be enforced from January
6, 2010 until April 15, 2010.
Dated: January 6, 2010.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore, Maryland.
[FR Doc. 2010-1265 Filed 1-22-10; 8:45 am]
BILLING CODE 9110-04-P
