Safety Zone; Ice Conditions for the Baltimore Captain of Port Zone, 1362-1365 [2011-171]

Download as PDF 1362 Federal Register / Vol. 76, No. 6 / Monday, January 10, 2011 / Rules and Regulations 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. wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 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. 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 a two-year suspension of the reporting requirements in a RNA for CDC barges. This temporary rule suspends the reporting requirements established for CDC barges transiting the inland rivers, Eighth Coast Guard District. Under figure 2–1, paragraph (34)(g), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for 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 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; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Amend 33 CFR 165.830 by staying paragraphs (d), (e), (f), (g), and (h) from midnight January 15, 2011 to midnight January 15, 2013. ■ Dated: December 22, 2010. Mary E. Landry, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2011–185 Filed 1–7–11; 8:45 am] BILLING CODE 9110–04–P 14:40 Jan 07, 2011 Jkt 223001 PO 00000 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 Coast Guard, DHS. Temporary interim rule with request for comments. AGENCY: ACTION: 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. SUMMARY: 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 FOR FURTHER INFORMATION CONTACT: Environment We have analyzed this rule under Department of Homeland Security VerDate Mar<15>2010 DEPARTMENT OF HOMELAND SECURITY Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\10JAR1.SGM 10JAR1 Federal Register / Vol. 76, No. 6 / Monday, January 10, 2011 / Rules and Regulations 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. wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 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 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. VerDate Mar<15>2010 14:40 Jan 07, 2011 Jkt 223001 1363 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. 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. 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). Basis and Purpose 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 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 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. E:\FR\FM\10JAR1.SGM 10JAR1 1364 Federal Register / Vol. 76, No. 6 / Monday, January 10, 2011 / Rules and Regulations wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 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 VerDate Mar<15>2010 14:40 Jan 07, 2011 Jkt 223001 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. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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. E:\FR\FM\10JAR1.SGM 10JAR1 Federal Register / Vol. 76, No. 6 / Monday, January 10, 2011 / Rules and Regulations 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. wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 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. VerDate Mar<15>2010 14:40 Jan 07, 2011 Jkt 223001 This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 1365 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 Environment horsepower, and hull type restrictions, We have analyzed this rule under dependent on the prevailing ice Department of Homeland Security conditions and vessel type. Management Directive 023–01 and (2) Persons desiring to transit in the Commandant Instruction M16475.lD, safety zone not meeting the which guide the Coast Guard in requirements established by the COTP complying with the National Baltimore must contact the COTP Environmental Policy Act of 1969 Baltimore or his designated (NEPA) (42 U.S.C. 4321–4370f), and representative at telephone number have concluded this action is one of a 410–576–2693 or on VHF–FM channel category of actions that do not 16 (156.8 MHZ) to seek permission prior individually or cumulatively have a to transiting the area. If permission is significant effect on the human granted, all persons and vessels shall environment. This rule is categorically comply with the instructions of the excluded, under figure 2–1, paragraph COTP Baltimore or his designated (34)(g), of the Instruction. This rule representative. involves establishing a temporary safety (3) The Coast Guard vessels enforcing zone. this safety zone can be contacted on An environmental analysis checklist VHF–FM marine band radio channel 16 and a categorical exclusion (156.8 MHZ). Upon being hailed by a determination are available in the U.S. Coast Guard vessel, or other docket where indicated under Federal, State, or local agency vessel ADDRESSES. operating under the authority of the List of Subjects in 33 CFR Part 165 COTP Baltimore, by siren, radio, flashing light, or other means, the Harbors, Marine safety, Navigation operator of a vessel shall proceed as (water), Reporting and recordkeeping directed. The COTP Baltimore and his requirements, Security measures, designated representatives can be Waterways. contacted at telephone number 410– For the reasons discussed in the 576–2693. preamble, the Coast Guard amends 33 (4) The COTP Baltimore or his CFR part 165 as follows: designated representative will notify the PART 165—REGULATED NAVIGATION public of any changes in the status of AREAS AND LIMITED ACCESS AREAS this safety zone by Marine Safety Radio Broadcast on VHF–FM marine band ■ 1. The authority citation for part 165 radio channel 22A (157.1 MHZ). continues to read as follows: (d) Definitions. As used in this Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. section: Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Captain of the Port Baltimore means 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. the Commander, U.S. Coast Guard 107–295, 116 Stat. 2064; Department of Sector Baltimore, Maryland. Homeland Security Delegation No. 0170.1. Designated representative means any ■ 2. Add § 165.T05–1136 to read as Coast Guard commissioned, warrant, or follows: petty officer who has been authorized by the Captain of the Port Baltimore to § 165.T05–1136 Safety Zone; Baltimore Captain of the Port Zone. assist in enforcing the safety zone (a) Regulated Area. The following area described in paragraph (b) of this is a safety zone: The navigable waters of section. the Captain of the Port Baltimore Zone, (e) Enforcement. The U.S. Coast as described in 33 CFR 3.25–15. Guard may be assisted in the patrol and (b) Regulations. All persons are enforcement of the zones by Federal, required to comply with the general State and local agencies. regulations governing safety zones in 33 (f) Enforcement period. This section CFR 165.23(d) of this part. will be enforced from December 22, (1) Vessels are prohibited from 2010 until April 15, 2010. entering into or moving within the Dated: December 22, 2010. safety zone unless they meet the requirements set forth by the Captain of Mark P. O’Malley, Captain, U.S. Coast Guard, Captain of the the Port (COTP) Baltimore for the prevailing ice conditions. Requirements Port Baltimore. for entry during periods when the safety [FR Doc. 2011–171 Filed 1–7–11; 8:45 am] zone is enforced will be described via BILLING CODE 9110–04–P PO 00000 Frm 00031 Fmt 4700 Sfmt 9990 E:\FR\FM\10JAR1.SGM 10JAR1

Agencies

[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Rules and Regulations]
[Pages 1362-1365]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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 Ronald.L.Houck@uscg.mil. 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]
BILLING CODE 9110-04-P