Safety Zone for Ice Conditions; Chesapeake and Delaware Canal, Upper Chesapeake Bay, and Tributaries, MD, 12338-12341 [2015-05475]
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Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: The
Metro-North (Devon) railroad bridge
across the Housatonic River, mile 3.9, at
Stratford, Connecticut, has a vertical
clearance in the closed position of 19
feet at mean high water and 25 feet at
mean low water. The existing bridge
operating regulations are found at 33
CFR 117.207(b).
The waterway is transited by seasonal
recreational vessels and commercial
vessels of various sizes.
The bridge owner, Metro-North,
requested a temporary deviation from
the normal operating schedule to
facilitate electrical repairs at the bridge.
Under this temporary deviation the
Metro-North (Devon) railroad bridge
may remain in the closed position from
7 a.m. on March 23, 2015 through 7 a.m.
on March 29, 2015.
The draw shall maintain its normal
operating schedule at all other times.
There are no alternate routes for
vessel traffic; however, vessels that can
pass under the closed draw during this
closure may do so at all times. The
bridge may be opened in the event of an
emergency.
The Coast Guard will inform the users
of the waterways through our Local and
Broadcast Notice to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
ACTION:
Temporary rule.
33 CFR Part 165
The Coast Guard is
establishing a temporary safety zone in
all navigable waters within the northern
portion of the Chesapeake Bay and its
tributaries, including the western
portion of the Chesapeake and Delaware
Canal, located between the Delaware/
Maryland Boundary Line across the
Chesapeake and Delaware Canal east of
Chesapeake City, MD, and a line drawn
across the Chesapeake Bay at the
William P. Lane, Jr. (US–50/301)
Memorial Bridges, located between
Sandy Point and Kent Island, MD. 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 March 9, 2015 until
April 15, 2015. For the purposes of
enforcement, actual notice will be used
from the date the rule was signed,
February 17, 2015 until March 9, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of Docket Number
USCG–2014–0292. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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.
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:
[Docket Number USCG–2014–0292]
Table of Acronyms
RIN 1625–AA00
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Dated: February 23, 2015.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2015–05294 Filed 3–6–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
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Coast Guard
Safety Zone for Ice Conditions;
Chesapeake and Delaware Canal,
Upper Chesapeake Bay, and
Tributaries, MD
AGENCY:
Coast Guard, DHS.
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SUMMARY:
A. Regulatory History and Information
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
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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
issuing this rule. Delaying the rule by
first publishing an NPRM would be
contrary to the public interest in the
safety zone’s intended objective 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.
B. Basis, Purpose, and Discussion
The legal basis for this rule is
provided by 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, and
160.5; Public Law 107–295, 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.1. The purpose of
this rule is to protect personal and
vessel safety against dangers posed by
frozen waterways.
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 within the northern
portion of the Chesapeake Bay and its
tributaries, including the western
portion of the Chesapeake and Delaware
Canal, located between the Delaware/
Maryland Boundary Line across the
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Chesapeake and Delaware Canal east of
Chesapeake City, MD, and a line drawn
across the Chesapeake Bay at the
William P. Lane, Jr. (US–50/301)
Memorial Bridges, located between
Sandy Point and Kent Island, MD. This
safety zone will restrict certain vessels
meeting certain conditions specified
from entering the navigable waters
within the northern portion of the
Chesapeake Bay and its tributaries,
including the western portion of the
Chesapeake and Delaware Canal,
located between the Delaware/Maryland
Boundary Line across the Chesapeake
and Delaware Canal east of Chesapeake
City, MD, and a line drawn across the
Chesapeake Bay at the William P. Lane,
Jr. (US–50/301) Memorial Bridges,
located between Sandy Point and Kent
Island, MD. 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
within the approaches to Baltimore
Harbor, including: The Elk River,
Susquehanna River, Patapsco River, and
the approaches to Baltimore Harbor.
Once ice buildup begins it can affect the
transit of large ocean-going vessels. This
regulation is intended to mitigate the
threat ice poses to the maritime public.
C. Discussion of the Interim Rule
A safety zone is being established
encompassing navigable waters within
the northern portion of the Chesapeake
Bay and its tributaries, including the
western portion of the Chesapeake and
Delaware Canal, located between the
Delaware/Maryland Boundary Line
across the Chesapeake and Delaware
Canal east of Chesapeake City, MD, and
a line drawn across the Chesapeake Bay
at the William P. Lane, Jr. (US–50/301)
Memorial Bridges, located between
Sandy Point and Kent Island, MD. The
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COTP Baltimore anticipates only having
to enforce certain parts of the regulated
area at certain times. The purpose of
this regulation is to promote maritime
safety and to protect mariners transiting
the area from the potential hazards due
to ice conditions that become a threat to
navigation. The COTP Baltimore will
notify the maritime community, via
marine broadcasts, of the location and
thickness of the ice as well as the ability
of vessels to transit through the safety
zone depending on the prevailing ice
conditions. Prevailing ice conditions
will be categorized as Condition One,
Condition Two, or Condition Three.
Ice Condition One is an emergency
condition in which ice has largely
covered the regulated area. Under these
conditions, convoys may be required
and restrictions based on shaft
horsepower and a vessel’s planned
transit may be imposed by the COTP on
certain vessels seeking to enter the
safety zone.
Ice Condition Two is an alert
condition in which at least 2 inches of
ice begins to form in the regulated area.
The COTP Baltimore may impose
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 February 17, 2015
and it will be enforced until April 15,
2015, unless sooner terminated by the
COTP Baltimore.
D. 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
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12339
Budget has not reviewed it under those
Orders. Although this regulation could
hinder or prevent traffic from transiting
within the northern portion of the
Chesapeake Bay and its tributaries,
including the western portion of the
Chesapeake and Delaware Canal,
located between the Delaware/Maryland
Boundary Line across the Chesapeake
and Delaware Canal east of Chesapeake
City, MD, and a line drawn across the
Chesapeake Bay at the William P. Lane,
Jr. (US–50/301) Memorial Bridges,
located between Sandy Point and Kent
Island, MD., 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 February 17, 2015
until April 15, 2015. 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 northern portion
of Chesapeake Bay and its tributaries,
including the western portion of the
Chesapeake and Delaware Canal,
located between the Delaware/Maryland
Boundary Line across the Chesapeake
and Delaware Canal east of Chesapeake
City, MD, and a line drawn across the
Chesapeake Bay at the William P. Lane,
Jr. (US–50/301) Memorial Bridges,
located between Sandy Point and Kent
Island, MD, the COTP 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
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Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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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
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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.
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.
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.
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
11. Indian Tribal Governments
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.
VerDate Sep<11>2014
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.
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
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
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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.
2. Add § 165.T05–0292 to read as
follows:
■
§ 165.T05–0292 Safety Zone for Ice
Conditions; Chesapeake and Delaware
Canal and Upper Chesapeake Bay, and their
tributaries; MD.
(a) Regulated Area. The following area
is a safety zone: The navigable waters
within the northern portion of the
Chesapeake Bay and its tributaries,
including the western portion of the
Chesapeake and Delaware Canal,
located between the Delaware/Maryland
Boundary Line across the Chesapeake
and Delaware Canal east of Chesapeake
City, MD, and a line drawn across the
Chesapeake Bay at the William P. Lane,
Jr. (US–50/301) Memorial Bridges,
located between Sandy Point and Kent
Island, MD.
(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–
0292.
(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
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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).
(c) Definitions. As used in this
section:
Captain of the Port Baltimore means
the Commander, U.S. Coast Guard
Sector Baltimore, Maryland.
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been authorized
by the Captain of the Port Baltimore to
assist in enforcing the safety zone
described in paragraph (a) of this
section.
(d) Enforcement. The U.S. Coast
Guard may be assisted by Federal, State
and local agencies in the patrol and
enforcement of the zone.
(e) Enforcement period. This section
will be enforced from February 17, 2015
until April 15, 2015.
Dated: February 17, 2015.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2015–05475 Filed 3–6–15; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0037]
Drawbridge Operation Regulations;
Narrow Bay, Suffolk County, NY
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the operation of
the Smith Point Bridge across Narrow
Bay, mile 6.1, at Suffolk County, New
York. This deviation is necessary to
provide public safety during a public
event, the Smith Point Triathlon. This
deviation allows the bridge to remain
closed for two hours on Sunday August
2, 2015, to facilitate the Smith Point
Triathlon.
SUMMARY:
This deviation is effective from
7 a.m. through 9 a.m. on August 2, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0037] is
available at https://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 deviation. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Ms. Judy K.
Leung-Yee, Project Officer, First Coast
Guard District, telephone (212) 514–
4330, judy.k.leung-yee@uscg.mil. If you
have questions on viewing the docket,
call Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: The Smith
Point Bridge across Narrow Bay, mile
6.1, at Suffolk County, New York, has a
vertical clearance in the closed position
of 18 feet at mean high water and 19 feet
at mean low water. The existing bridge
operating regulations are found at 33
CFR 117.799(d).
The waterway is transited by seasonal
recreational vessels of various sizes.
The Event Power Triathlon
Committee and the owner of the bridge,
Suffolk County Department of Public
Works, Parks Department, requested a
DATES:
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12341
temporary deviation from the normal
operating schedule to facilitate public
safety during the running of the Smith
Point Triathlon.
Under this temporary deviation the
Smith Point Bridge may remain in the
closed position for two hours between
7 a.m. and 9 a.m. on Sunday August 2,
2015.
There are no alternate routes for
vessel traffic; however, vessels that can
pass under the closed draw during this
closure may do so at all times. The
bridge may be opened in the event of an
emergency.
The Coast Guard will inform the users
of the waterways through our Local and
Broadcast Notice to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: February 23, 2015.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2015–05302 Filed 3–6–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2012–0893; FRL–9923–89–
Region 4]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Georgia; Redesignation of
the Rome, Georgia, 1997 Annual Fine
Particulate Matter Nonattainment Area
to Attainment; Correction
Environmental Protection
Agency.
ACTION: Final rule; correction.
AGENCY:
On May 14, 2014, the
Environmental Protection Agency (EPA)
published a final rule to approve a
request submitted on June 21, 2012, by
the Georgia Department of Natural
Resources, through Georgia
Environmental Protection Division, to
redesignate the Rome, Georgia, fine
particulate matter (PM2.5) nonattainment
area (hereafter referred to as the ‘‘Rome
Area’’ or ‘‘Area’’) to attainment for the
1997 Annual PM2.5 National Ambient
SUMMARY:
E:\FR\FM\09MRR1.SGM
09MRR1
]]>Agencies
[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Rules and Regulations]
[Pages 12338-12341]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05475]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0292]
RIN 1625-AA00
Safety Zone for Ice Conditions; Chesapeake and Delaware Canal,
Upper Chesapeake Bay, and Tributaries, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in all
navigable waters within the northern portion of the Chesapeake Bay and
its tributaries, including the western portion of the Chesapeake and
Delaware Canal, located between the Delaware/Maryland Boundary Line
across the Chesapeake and Delaware Canal east of Chesapeake City, MD,
and a line drawn across the Chesapeake Bay at the William P. Lane, Jr.
(US-50/301) Memorial Bridges, located between Sandy Point and Kent
Island, MD. 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 March 9, 2015
until April 15, 2015. For the purposes of enforcement, actual notice
will be used from the date the rule was signed, February 17, 2015 until
March 9, 2015.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2014-0292. To view documents mentioned in this preamble as
being available in the docket, go to https://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.
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. Regulatory History and Information
The Coast Guard is issuing this temporary 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 issuing this rule. Delaying the rule by first publishing an NPRM
would be contrary to the public interest in the safety zone's intended
objective 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.
B. Basis, Purpose, and Discussion
The legal basis for this rule is provided by 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, and 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1. The purpose of
this rule is to protect personal and vessel safety against dangers
posed by frozen waterways.
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 within the
northern portion of the Chesapeake Bay and its tributaries, including
the western portion of the Chesapeake and Delaware Canal, located
between the Delaware/Maryland Boundary Line across the
[[Page 12339]]
Chesapeake and Delaware Canal east of Chesapeake City, MD, and a line
drawn across the Chesapeake Bay at the William P. Lane, Jr. (US-50/301)
Memorial Bridges, located between Sandy Point and Kent Island, MD. This
safety zone will restrict certain vessels meeting certain conditions
specified from entering the navigable waters within the northern
portion of the Chesapeake Bay and its tributaries, including the
western portion of the Chesapeake and Delaware Canal, located between
the Delaware/Maryland Boundary Line across the Chesapeake and Delaware
Canal east of Chesapeake City, MD, and a line drawn across the
Chesapeake Bay at the William P. Lane, Jr. (US-50/301) Memorial
Bridges, located between Sandy Point and Kent Island, MD. 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 within the approaches to
Baltimore Harbor, including: The Elk River, Susquehanna River, Patapsco
River, and the approaches to Baltimore Harbor. Once ice buildup begins
it can affect the transit of large ocean-going vessels. This regulation
is intended to mitigate the threat ice poses to the maritime public.
C. Discussion of the Interim Rule
A safety zone is being established encompassing navigable waters
within the northern portion of the Chesapeake Bay and its tributaries,
including the western portion of the Chesapeake and Delaware Canal,
located between the Delaware/Maryland Boundary Line across the
Chesapeake and Delaware Canal east of Chesapeake City, MD, and a line
drawn across the Chesapeake Bay at the William P. Lane, Jr. (US-50/301)
Memorial Bridges, located between Sandy Point and Kent Island, MD. The
COTP Baltimore anticipates only having to enforce certain parts of the
regulated area at certain times. The purpose of this regulation is to
promote maritime safety and to protect mariners transiting the area
from the potential hazards due to ice conditions that become a threat
to navigation. The COTP Baltimore will notify the maritime community,
via marine broadcasts, of the location and thickness of the ice as well
as the ability of vessels to transit through the safety zone depending
on the prevailing ice conditions. Prevailing ice conditions will be
categorized as Condition One, Condition Two, or Condition Three.
Ice Condition One is an emergency condition in which ice has
largely covered the regulated area. Under these conditions, convoys may
be required and restrictions based on shaft horsepower and a vessel's
planned transit may be imposed by the COTP on certain vessels seeking
to enter the safety zone.
Ice Condition Two is an alert condition in which at least 2 inches
of ice begins to form in the regulated area. The COTP Baltimore may
impose 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 February 17,
2015 and it will be enforced until April 15, 2015, unless sooner
terminated by the COTP Baltimore.
D. 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 within the northern
portion of the Chesapeake Bay and its tributaries, including the
western portion of the Chesapeake and Delaware Canal, located between
the Delaware/Maryland Boundary Line across the Chesapeake and Delaware
Canal east of Chesapeake City, MD, and a line drawn across the
Chesapeake Bay at the William P. Lane, Jr. (US-50/301) Memorial
Bridges, located between Sandy Point and Kent Island, MD., 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 February 17,
2015 until April 15, 2015. 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 northern portion of Chesapeake Bay and its
tributaries, including the western portion of the Chesapeake and
Delaware Canal, located between the Delaware/Maryland Boundary Line
across the Chesapeake and Delaware Canal east of Chesapeake City, MD,
and a line drawn across the Chesapeake Bay at the William P. Lane, Jr.
(US-50/301) Memorial Bridges, located between Sandy Point and Kent
Island, MD, the COTP 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
[[Page 12340]]
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations 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.T05-0292 to read as follows:
Sec. 165.T05-0292 Safety Zone for Ice Conditions; Chesapeake and
Delaware Canal and Upper Chesapeake Bay, and their tributaries; MD.
(a) Regulated Area. The following area is a safety zone: The
navigable waters within the northern portion of the Chesapeake Bay and
its tributaries, including the western portion of the Chesapeake and
Delaware Canal, located between the Delaware/Maryland Boundary Line
across the Chesapeake and Delaware Canal east of Chesapeake City, MD,
and a line drawn across the Chesapeake Bay at the William P. Lane, Jr.
(US-50/301) Memorial Bridges, located between Sandy Point and Kent
Island, MD.
(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.T05-0292.
(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
[[Page 12341]]
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).
(c) Definitions. As used in this section:
Captain of the Port Baltimore means the Commander, U.S. Coast Guard
Sector Baltimore, Maryland.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Baltimore to assist in enforcing the safety zone described in
paragraph (a) of this section.
(d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
(e) Enforcement period. This section will be enforced from February
17, 2015 until April 15, 2015.
Dated: February 17, 2015.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2015-05475 Filed 3-6-15; 8:45 am]
BILLING CODE 9110-04-P
