Safety Zone for Ice Conditions; Baltimore Captain of the Port Zone, 5283-5286 [2014-01941]

Download as PDF Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Rules and Regulations event. During the enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port (COTP) Sector Long Island Sound or designated representative. The regulations in 33 CFR 165.151 will be enforced on February 8 or February 9, 2014. DATES: If you have questions on this notice, call or email Petty Officer Scott Baumgartner, Waterways Management Division, U.S. Coast Guard Sector Long Island Sound; telephone 203–468–4559, email Scott.A.Baumgartner@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone listed FOR FURTHER INFORMATION CONTACT: 5283 in 33 CFR 165.151 on the specified date and time as indicated in the Table below. If the event is delayed by inclement weather, the regulation will be enforced on the rain date indicated in the Table below. These regulations were published in the Federal Register on May 24, 2013 (78 FR 31402). TABLE 1 TO § 165.151 2.1 Sag Harbor COC Winter Harbor Frost Fireworks ........................... Under the provisions of 33 CFR 165.151, the fireworks display listed above is established as a safety zone. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, mooring, or anchoring within the safety zone unless they receive permission from the COTP or designated representative. This notice is issued under authority of 33 CFR 165 and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via the Local Notice to Mariners or marine information broadcasts. If the COTP determines that the safety zone need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to grant general permission to enter the regulated area. Dated: January 15, 2014. E.J. Cubanski, III, Captain, U.S. Coast Guard, Captain of the Port Sector Long Island Sound. [FR Doc. 2014–02049 Filed 1–30–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 emcdonald on DSK67QTVN1PROD with RULES [Docket Number USCG–2013–0509] RIN 1625–AA00 Safety Zone for Ice Conditions; Baltimore Captain of the Port Zone Coast Guard, DHS. Temporary interim rule and request for comments. AGENCY: ACTION: VerDate Mar<15>2010 17:58 Jan 30, 2014 Jkt 232001 • • • • Date: February 8, 2014. Rain Date: February 9, 2014. Time: 5 p.m. to 7 p.m. Location: Waters of Sag Harbor off Long Wharf St. Pier in Sag Harbor, NY in approximate position 41°00′16.82″ N, 072°17′43.78″ W (NAD 83). 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 without actual notice from January 31, 2014 until April 15, 2014. For the purposes of enforcement, actual notice will be used from the date the rule was signed, January 7, 2014 until January 31, 2014. ADDRESSES: Documents mentioned in this preamble are part of Docket Number USCG–2013–0509. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Open Docket Folder’’ on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may submit comments, identified by docket number, using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: (202) 493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal SUMMARY: PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Ronald L. Houck, Sector Baltimore Waterways Management Division, U.S. Coast Guard; telephone 410–576–2674, email Ronald.L.Houck@ uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online at http:// www.regulations.gov, or by fax, mail, or hand delivery, but please use only one E:\FR\FM\31JAR1.SGM 31JAR1 5284 Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Rules and Regulations of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. emcdonald on DSK67QTVN1PROD with RULES 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one, using one of the methods specified under ADDRESSES. Please VerDate Mar<15>2010 17:58 Jan 30, 2014 Jkt 232001 explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. B. Regulatory History and Information The Coast Guard is issuing this temporary interim rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is 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. For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Due to the need for immediate action, the restriction of vessel traffic is necessary to protect life, property and the environment. Therefore, a 30-day notice is impracticable. Delaying the effective date would be contrary to the safety zone’s intended objectives of protecting persons and vessels from becoming beset or dragged off course, sinking or grounding, and creating hazards to navigation. C. Basis and Purpose During an average or severe winter, frozen waterways present numerous hazards to vessels. Ice in a waterway may hamper a vessel’s ability to maneuver, and could cause visual aids to navigation to be submerged, destroyed or moved off station. Ice abrasions and ice pressure could also compromise a vessel’s watertight integrity, and non-steel hulled vessels would be exposed to a greater risk of hull breach. When ice conditions develop to a point where vessel operations become unsafe, it becomes necessary to impose PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 operating restrictions to ensure the safe navigation of vessels. A safety zone is a tool available to the Captain of the Port (COTP) to restrict and manage vessel movement when hazardous conditions exist. The COTP Baltimore is establishing a safety zone within all navigable waters of the COTP Baltimore Zone. This safety zone will restrict certain vessels meeting certain conditions specified from entering the navigable waters included within the COTP Baltimore Zone. Those vessels prohibited from entering the safety zone will be specified via broadcast notice to mariners and marine safety information bulletins. Ice generally begins to form in the Upper Chesapeake Bay and its tributaries, including the C & D Canal, in late December or early January. During an average or severe winter, ice in navigable waters can become a serious problem, requiring the use of federal, state and private ice breaking resources. The Commander, Coast Guard Sector Baltimore will use his COTP authority to promote vessel safety in ice-congested waters and the continuation of waterborne commerce throughout the cold weather months. Ice fields in the Upper Chesapeake Bay and its tributaries move with prevailing winds and currents. Heavy ice buildups can occur in the C & D Canal, from Town Point Wharf to Reedy Point. Other areas that are commonly affected by high volumes of ice are: The Elk River, Susquehanna River, Patapsco River, Nanticoke River, Wicomico River, Tangier Sound, Pocomoke River and Sound, and the Potomac River. Once ice buildup begins it can affect the transit of large ocean-going vessels. This regulation is intended to mitigate the threat ice in the COTP Baltimore Zone poses to the maritime public. D. Discussion of the Interim Rule A safety zone is being established encompassing the COTP Baltimore Zone, as described in 33 CFR 3.25–15. The COTP Baltimore anticipates only having to enforce certain parts of the regulated area at certain times. The purpose of this regulation is to promote maritime safety and to protect mariners transiting the area from the potential hazards due to ice conditions that become a threat to navigation. The COTP Baltimore will notify the maritime community, via marine broadcasts, of the location and thickness of the ice as well as the ability of vessels to transit through the safety zone depending on the prevailing ice conditions. Prevailing ice conditions will be categorized as Condition One, Condition Two, or Condition Three. E:\FR\FM\31JAR1.SGM 31JAR1 Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Rules and Regulations 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. This rule has been enforced with actual notice since January 7, 2014 and it will be enforced until April 15, 2014, unless sooner terminated by the COTP Baltimore. emcdonald on DSK67QTVN1PROD with RULES E. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. Although this regulation could hinder or prevent traffic from transiting the COTP Baltimore Zone, the effect of this regulation will not be significant because there is little vessel traffic associated with recreational boating and commercial fishing during the effective period. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The Coast VerDate Mar<15>2010 17:58 Jan 30, 2014 Jkt 232001 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 7, 2014 until April 15, 2014. This safety zone will not have a significant economic impact on a substantial number of small entities due to a lack of seasonal vessel traffic associated with recreational boating and commercial fishing during the effective period. Although the safety zone will apply to the entire COTP Baltimore Zone, the Captain of the Port Baltimore anticipates only having to enforce certain parts of the regulated area at certain times. Traffic will be allowed to pass through the zone with the permission of the COTP Baltimore. Also, the COTP Baltimore will notify the maritime community, via marine broadcasts, of the location and thickness of the ice, as well as the ability of vessels to transit through the safety zone. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104– 121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. 5285 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 4. Collection of Information 10. Protection of Children From Environmental Health Risks We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 11. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\31JAR1.SGM 31JAR1 5286 Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Rules and Regulations with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves establishing a temporary safety zone. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: emcdonald on DSK67QTVN1PROD with RULES 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. 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. VerDate Mar<15>2010 17:58 Jan 30, 2014 Jkt 232001 2. Add § 165.T05–0509 to read as follows: ■ § 165.T05–0509 SAFETY ZONE FOR ICE CONDITIONS; BALTIMORE CAPTAIN OF THE PORT ZONE. (a) Regulated Area. The following area is a safety zone: The navigable waters of the Captain of the Port Baltimore Zone, as described in 33 CFR 3.25–15. (b) Regulations. The general safety zone regulations found in 33 CFR 165.23 apply to the safety zone created by this temporary section, § 165.T05.0509. (1) All vessels and persons are prohibited from entering into or moving within the safety zone unless they meet the requirements set forth by the Captain of the Port (COTP) Baltimore for the prevailing ice conditions. Requirements for entry during periods when the safety zone is enforced will be described via Marine Safety Radio Broadcast on VHF–FM marine band radio, channel 22A (157.1 MHZ). Requirements may include, but are not limited to, the use of convoys, restrictions on shaft horsepower, and hull type restrictions, dependent on the prevailing ice conditions and vessel type. (2) Persons desiring to transit in the safety zone not meeting the requirements established by the COTP Baltimore must contact the COTP Baltimore or his designated representative at telephone number 410–576–2693 or on VHF–FM channel 16 (156.8 MHZ) to seek permission prior to transiting the area. If permission is granted, all persons and vessels shall comply with the instructions of the COTP Baltimore or his designated representative. (3) The Coast Guard vessels enforcing this safety zone can be contacted on VHF–FM marine band radio channel 16 (156.8 MHZ). Upon being hailed by a U.S. Coast Guard vessel, or other Federal, State, or local agency vessel operating under the authority of the COTP Baltimore, by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. The COTP Baltimore and his designated representatives can be contacted at telephone number 410– 576–2693. (4) The COTP Baltimore or his designated representative will notify the public of any changes in the status of this safety zone by Marine Safety Radio Broadcast on VHF–FM marine band radio channel 22A (157.1 MHZ). (d) Definitions. As used in this section: PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 Captain of the Port Baltimore means the Commander, U.S. Coast Guard Sector Baltimore, Maryland. Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Baltimore to assist in enforcing the safety zone described in paragraph (a) of this section. (e) Enforcement. The U.S. Coast Guard may be assisted by Federal, State and local agencies in the patrol and enforcement of the zone. (f) Enforcement period. This section will be enforced from January 7, 2014 until April 15, 2014. Dated: January 7, 2014. Kevin C. Kiefer, Captain, U.S. Coast Guard, Captain of the Port Baltimore. [FR Doc. 2014–01941 Filed 1–30–14; 8:45 am] BILLING CODE 9110–04–P POSTAL SERVICE 39 CFR Part 111 Implementation of Full-Service Intelligent Mail Requirements for Automation Prices; Correction Postal ServiceTM. ACTION: Final rule; correction. AGENCY: This document corrects an error in the identification of a certain provision of Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM®), revised in a final rule published in the Federal Register of Thursday, April 18, 2013 (78 FR 23137). The misidentified provision relates to the availability of Intelligent Mail barcode (IMbTM) Tracing as an additional mailing service. DATES: Effective Date: January 31, 2014. FOR FURTHER INFORMATION CONTACT: Lizbeth J. Dobbins at 202–268–3789. SUPPLEMENTARY INFORMATION: As published on April 18, 2013 (78 FR 23137), the final rule concerning Implementation of Full-Service Intelligent Mail Requirements for Automation Prices misidentified one affected provision of the Domestic Mail Manual. Specifically, revisions to DMM 503.14.0, concerning Intelligent Mail Barcode Tracing, were erroneously numbered as revisions to DMM 503.15.0, which concerns Money Orders. In order to minimize the possibility of confusion, this error needs to be corrected. SUMMARY: List of Subjects in 39 CFR Part 111 Administrative practice and procedure, Postal Service. E:\FR\FM\31JAR1.SGM 31JAR1

Agencies

[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Rules and Regulations]
[Pages 5283-5286]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01941]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0509]
RIN 1625-AA00


Safety Zone for Ice Conditions; Baltimore Captain of the Port 
Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and 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 without actual notice from January 31, 
2014 until April 15, 2014. For the purposes of enforcement, actual 
notice will be used from the date the rule was signed, January 7, 2014 
until January 31, 2014.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2013-0509. To view documents mentioned in this preamble as 
being available in the docket, go to http://www.regulations.gov, type 
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on 
``Open Docket Folder'' on the line associated with this rulemaking. You 
may also visit the Docket Management Facility in Room W12-140 on the 
ground floor of the Department of Transportation West Building, 1200 
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may submit comments, identified by docket number, using any one 
of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald L. Houck, Sector Baltimore Waterways 
Management Division, U.S. Coast Guard; telephone 410-576-2674, email 
Ronald.L.Houck@uscg.mil. If you have questions on viewing or submitting 
material to the docket, call Cheryl Collins, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one

[[Page 5284]]

of these means. If you submit a comment online, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on ``Submit a Comment'' on the line associated with this 
rulemaking
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on Open Docket Folder on the line associated with this 
rulemaking. You may also visit the Docket Management Facility in Room 
W12-140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The Coast Guard is issuing this temporary interim rule without 
prior notice and opportunity to comment pursuant to authority under 
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)). This provision authorizes an agency to issue a rule without 
prior notice and opportunity to comment when the agency for good cause 
finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast 
Guard finds that good cause exists for not publishing a notice of 
proposed rulemaking (NPRM) with respect to this rule because it is 
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.
    For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register. Due to the need for 
immediate action, the restriction of vessel traffic is necessary to 
protect life, property and the environment. Therefore, a 30-day notice 
is impracticable. Delaying the effective date would be contrary to the 
safety zone's intended objectives of protecting persons and vessels 
from becoming beset or dragged off course, sinking or grounding, and 
creating hazards to navigation.

C. Basis and Purpose

    During an average or severe winter, frozen waterways present 
numerous hazards to vessels. Ice in a waterway may hamper a vessel's 
ability to maneuver, and could cause visual aids to navigation to be 
submerged, destroyed or moved off station. Ice abrasions and ice 
pressure could also compromise a vessel's watertight integrity, and 
non-steel hulled vessels would be exposed to a greater risk of hull 
breach.
    When ice conditions develop to a point where vessel operations 
become unsafe, it becomes necessary to impose operating restrictions to 
ensure the safe navigation of vessels. A safety zone is a tool 
available to the Captain of the Port (COTP) to restrict and manage 
vessel movement when hazardous conditions exist. The COTP Baltimore is 
establishing a safety zone within all navigable waters of the COTP 
Baltimore Zone. This safety zone will restrict certain vessels meeting 
certain conditions specified from entering the navigable waters 
included within the COTP Baltimore Zone. Those vessels prohibited from 
entering the safety zone will be specified via broadcast notice to 
mariners and marine safety information bulletins.
    Ice generally begins to form in the Upper Chesapeake Bay and its 
tributaries, including the C & D Canal, in late December or early 
January. During an average or severe winter, ice in navigable waters 
can become a serious problem, requiring the use of federal, state and 
private ice breaking resources. The Commander, Coast Guard Sector 
Baltimore will use his COTP authority to promote vessel safety in ice-
congested waters and the continuation of waterborne commerce throughout 
the cold weather months.
    Ice fields in the Upper Chesapeake Bay and its tributaries move 
with prevailing winds and currents. Heavy ice buildups can occur in the 
C & D Canal, from Town Point Wharf to Reedy Point. Other areas that are 
commonly affected by high volumes of ice are: The Elk River, 
Susquehanna River, Patapsco River, Nanticoke River, Wicomico River, 
Tangier Sound, Pocomoke River and Sound, and the Potomac River. Once 
ice buildup begins it can affect the transit of large ocean-going 
vessels. This regulation is intended to mitigate the threat ice in the 
COTP Baltimore Zone poses to the maritime public.

D. Discussion of the Interim Rule

    A safety zone is being established encompassing the COTP Baltimore 
Zone, as described in 33 CFR 3.25-15. The COTP Baltimore anticipates 
only having to enforce certain parts of the regulated area at certain 
times. The purpose of this regulation is to promote maritime safety and 
to protect mariners transiting the area from the potential hazards due 
to ice conditions that become a threat to navigation. The COTP 
Baltimore will notify the maritime community, via marine broadcasts, of 
the location and thickness of the ice as well as the ability of vessels 
to transit through the safety zone depending on the prevailing ice 
conditions. Prevailing ice conditions will be categorized as Condition 
One, Condition Two, or Condition Three.

[[Page 5285]]

    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.
    This rule has been enforced with actual notice since January 7, 
2014 and it will be enforced until April 15, 2014, unless sooner 
terminated by the COTP Baltimore.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. Although this regulation 
could hinder or prevent traffic from transiting the COTP Baltimore 
Zone, the effect of this regulation will not be significant because 
there is little vessel traffic associated with recreational boating and 
commercial fishing during the effective period.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities. 
This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to 
operate, transit or anchor in the regulated area, from January 7, 2014 
until April 15, 2014. This safety zone will not have a significant 
economic impact on a substantial number of small entities due to a lack 
of seasonal vessel traffic associated with recreational boating and 
commercial fishing during the effective period. Although the safety 
zone will apply to the entire COTP Baltimore Zone, the Captain of the 
Port Baltimore anticipates only having to enforce certain parts of the 
regulated area at certain times. Traffic will be allowed to pass 
through the zone with the permission of the COTP Baltimore. Also, the 
COTP Baltimore will notify the maritime community, via marine 
broadcasts, of the location and thickness of the ice, as well as the 
ability of vessels to transit through the safety zone.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination

[[Page 5286]]

with Indian Tribal Governments, because it does not have a substantial 
direct effect on one or more Indian tribes, on the relationship between 
the Federal Government and Indian tribes, or on the distribution of 
power and responsibilities between the Federal Government and Indian 
tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves establishing a temporary safety zone. 
This rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

 List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T05-0509 to read as follows:


Sec.  165.T05-0509  SAFETY ZONE FOR ICE CONDITIONS; BALTIMORE CAPTAIN 
OF THE PORT ZONE.

    (a) Regulated Area. The following area is a safety zone: The 
navigable waters of the Captain of the Port Baltimore Zone, as 
described in 33 CFR 3.25-15.
    (b) Regulations. The general safety zone regulations found in 33 
CFR 165.23 apply to the safety zone created by this temporary section, 
Sec.  165.T05.0509.
    (1) All vessels and persons are prohibited from entering into or 
moving within the safety zone unless they meet the requirements set 
forth by the Captain of the Port (COTP) Baltimore for the prevailing 
ice conditions. Requirements for entry during periods when the safety 
zone is enforced will be described via Marine Safety Radio Broadcast on 
VHF-FM marine band radio, channel 22A (157.1 MHZ). Requirements may 
include, but are not limited to, the use of convoys, restrictions on 
shaft horsepower, and hull type restrictions, dependent on the 
prevailing ice conditions and vessel type.
    (2) Persons desiring to transit in the safety zone not meeting the 
requirements established by the COTP Baltimore must contact the COTP 
Baltimore or his designated representative at telephone number 410-576-
2693 or on VHF-FM channel 16 (156.8 MHZ) to seek permission prior to 
transiting the area. If permission is granted, all persons and vessels 
shall comply with the instructions of the COTP Baltimore or his 
designated representative.
    (3) The Coast Guard vessels enforcing this safety zone can be 
contacted on VHF-FM marine band radio channel 16 (156.8 MHZ). Upon 
being hailed by a U.S. Coast Guard vessel, or other Federal, State, or 
local agency vessel operating under the authority of the COTP 
Baltimore, by siren, radio, flashing light, or other means, the 
operator of a vessel shall proceed as directed. The COTP Baltimore and 
his designated representatives can be contacted at telephone number 
410-576-2693.
    (4) The COTP Baltimore or his designated representative will notify 
the public of any changes in the status of this safety zone by Marine 
Safety Radio Broadcast on VHF-FM marine band radio channel 22A (157.1 
MHZ).
    (d) Definitions. As used in this section:
    Captain of the Port Baltimore means the Commander, U.S. Coast Guard 
Sector Baltimore, Maryland.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Baltimore to assist in enforcing the safety zone described in 
paragraph (a) of this section.
    (e) Enforcement. The U.S. Coast Guard may be assisted by Federal, 
State and local agencies in the patrol and enforcement of the zone.
    (f) Enforcement period. This section will be enforced from January 
7, 2014 until April 15, 2014.

    Dated: January 7, 2014.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2014-01941 Filed 1-30-14; 8:45 am]
BILLING CODE 9110-04-P