Safety Zone; Patapsco River, Northwest and Inner Harbors; Baltimore, MD, 45981-45984 [2017-21180]
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Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations
If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: On
September 1, 2017, we published a
temporary deviation entitled
‘‘Drawbridge Operation Regulation;
Willamette River, Portland, OR’’ in the
Federal Register (82 FR 41520). The
temporary deviation provided
Multnomah County with additional
time to complete necessary bridge
repairs. This deviation was authorized
under 33 CFR 117.35.
While replacing the bridge decking,
the bridge owner’s construction crew
experienced delays with both material
deliveries and machining bolt hole
tolerances. Therefore, more time was
needed to complete the necessary tests
and inspections. The subject temporary
deviation was approved by mistake in
an attempt to give the bridge owner
more time to finish construction. After
approval of the temporary deviation it
was discovered that 180 days would not
be enough time to complete
construction. After we approved this
temporary deviation, we approved a
temporary interim rule in order to
provide more time to finish the bridge
construction. The temporary interim
rule effectively replaces the temporary
deviation. Therefore, we are cancelling
this temporary deviation; docket
number USCG–2017–0826 concerning
the Morrison Bridge.
FOR FURTHER INFORMATION CONTACT:
Dated: September 27, 2017.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2017–21169 Filed 10–2–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0918]
jstallworth on DSKBBY8HB2PROD with RULES
Drawbridge Operation Regulation;
Sacramento River, Sacramento, CA
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 Tower
Drawbridge across the Sacramento
SUMMARY:
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River, mile 59.0, at Sacramento, CA. The
deviation is necessary to allow the
community to participate in the
Sacramento Century Challenge bicycle
race. This deviation allows the bridge to
remain in the closed-to-navigation
position during the deviation period.
DATES: This deviation is effective from
7 a.m. through 10 a.m. on October 7,
2017.
Dated: September 27, 2017.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard
District.
The docket for this
deviation, USCG–2017–0918, 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Carl T. Hausner,
Chief, Bridge Section, Eleventh Coast
Guard District; telephone 510–437–
3516; email Carl.T.Hausner@uscg.mil.
SUPPLEMENTARY INFORMATION: The
California Department of Transportation
has requested a temporary change to the
operation of the Tower Drawbridge over
the Sacramento River, mile 59.0, at
Sacramento, CA. The drawbridge
navigation span provides a vertical
clearance of 30 feet above Mean High
Water in the closed-to-navigation
position. The draw operates as required
by 33 CFR 117.189(a). Navigation on the
waterway is commercial and
recreational.
The drawspan will be secured in the
closed-to-navigation position from 7
a.m. through 10 a.m. on October 7, 2017,
to allow the community to participate in
the Sacramento Century Challenge
bicycle race. This temporary deviation
has been coordinated with the waterway
users. No objections to the proposed
temporary deviation were raised.
Vessels able to pass through the bridge
in the closed position may do so at
anytime. In the event of an emergency
the draw can open on signal if at least
one hour notice is given to the bridge
operator. There are no immediate
alternate routes for vessels to pass. The
Coast Guard will also inform the users
of the waterway through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessel operators 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.
Coast Guard
ADDRESSES:
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[FR Doc. 2017–21099 Filed 10–2–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 165
[Docket Number USCG–2017–0808]
RIN 1625–AA00
Safety Zone; Patapsco River,
Northwest and Inner Harbors;
Baltimore, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Patapsco River,
Northwest Harbor and Inner Harbor.
This action is necessary to provide for
the safety of life on the navigable waters
at Baltimore, MD, during the movement
of the historic sloop-of-war USS
CONSTELLATION on October 26, 2017.
If necessary, due to inclement weather,
the event will be rescheduled for
October 27, 2017. This action will
prohibit persons and vessels from
entering the safety zone unless
authorized by the Captain of the Port
Maryland—National Capital Region.
DATES: This rule is effective from 8 a.m.
on October 26, 2017, through 1 p.m. on
October 27, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0808 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Ronald L. Houck, at Sector
Maryland—National Capital Region,
Waterways Management Division, U.S.
Coast Guard; telephone 410–576–2674,
email Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations
II. Background Information and
Regulatory History
On September 15, 2017, Historic
Ships in Baltimore of Baltimore, MD,
notified the Coast Guard that from 9
a.m. to noon on October 26, 2017, it will
be conducting a tow of the historic
sloop-of-war USS CONSTELLATION in
Baltimore, MD, from its berth at the
Inner Harbor to a point on the Patapsco
River near the Fort McHenry National
Monument and Historic Shrine, and its
return to its berth at the Inner Harbor.
This rule involves the USS
CONSTELLATION ‘‘turn-around’’
cruise, an event that takes place in
Baltimore, MD. A permanent safety zone
for this rule, with an enforcement
period from 2 p.m. through 7 p.m. local
time annually on the Thursday before
Memorial Day (observed), has been
published and is detailed at Title 33
Code of Federal Regulations, section
165.512. However, due to a change in
scheduling, the event this year is
planned for October 26, 2017. If
necessary, due to inclement weather,
the event will be rescheduled for
October 27, 2017. The event is
scheduled to start at 9 a.m. and the
event location remains unchanged.
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 due to the short
time period between event planners
notifying the Coast Guard of details
concerning the event, on September 15,
2017, and publication of this safety
zone. It is impracticable and contrary to
the public interest to publish an NPRM
to provide a notice and an opportunity
for comment period because we must
establish this safety zone by October 26,
2017 to ensure the safety of vessels and
the navigable waters before, during, and
after the scheduled event. Such hazards
include vessels colliding, sinking or
grounding, creating hazards to
navigation, and threatening the marine
environment.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making it effective less than 30 days
after publication in the Federal
Register. Delaying the effective date of
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this rule would be impracticable and
contrary to public interest because
immediate action is needed to respond
to the potential safety hazards
associated with a movement of a
historic sloop-of war being towed in
confined waters during the boating
season in Baltimore, MD.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
III. Legal Authority and Need for Rule
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, it has not
been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone, which
will impact a small designated area of
the Patapsco River, Northwest Harbor
and Inner Harbor for five hours during
the weekday when vessel traffic is
normally low. Moreover, the Coast
Guard will issue a Broadcast Notice to
Mariners via VHF–FM marine channel
22A about the zone. Such notifications
will be updated as necessary, to keep
the maritime community informed of
the status of the safety zone.
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
COTP has determined that potential
hazards associated with the USS
CONSTELLATION ‘‘turn-around’’ cruise
will be a safety concern for anyone on
the Patapsco River, Northwest Harbor
and Inner Harbor. The purpose of this
rulemaking is to ensure the safety of
vessels and the navigable waters in the
safety zone before, during, and after the
scheduled event.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8 a.m. through 1 p.m. on October
26, 2017, and, if necessary due to
inclement weather, from 8 a.m. through
1 p.m. on October 27, 2017. The safety
zone will include all navigable waters
within 200 yards ahead of and 100 yards
outboard or aft of the historic sloop-ofwar USS CONSTELLATION while
operating in the Inner Harbor, the
Northwest Harbor or the Patapsco River.
This location is entirely within the Area
of Responsibility of the COTP
Maryland-National Capital Region, as
set forth at 33 CFR 3.25–15.
This rule requires any unauthorized
persons in the regulated area at the time
this safety zone is in effect to
immediately proceed out of the zone.
Except for USS CONSTELLATION
‘‘turn-around’’ participants, and vessels
at berth, mooring, or at anchor, this rule
temporarily requires all vessels in the
designated safety zone as defined by
this rule to immediately depart the
safety zone. Entry into this safety zone
is prohibited, unless specifically
authorized by the COTP Maryland—
National Capital Region. Coast Guard
personnel will be present to prevent the
movement of unauthorized persons into
the zone. Federal, state, and local
agencies may assist the Coast Guard in
the enforcement of this rule. The COTP
Maryland—National Capital Region will
issue Broadcast Notices to Mariners to
further publicize the safety zone and
notify the public of changes in the status
of the zone. Such notices will continue
until the event is complete. The
regulatory text appears at the end of this
document.
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B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
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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 section.
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.
C. 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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D. Federalism and Indian Tribal
Governments
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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E. 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.
F. 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 (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 a safety
zone lasting approximately five hours
that will prohibit entry within 200 yards
ahead of and 100 yards outboard or aft
of the historic sloop-of-war USS
CONSTELLATION. It is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. A Record of
Environmental Consideration (REC)
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
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Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05–0808 to read as
follows:
■
§ 165.T05–0808 Safety Zone; Patapsco
River, Northwest and Inner Harbors;
Baltimore, MD.
(a) Definitions. As used in this
section:
Captain of the Port Maryland—
National Capital Region means the
Commander, U.S. Coast Guard Sector
Maryland—National Capital Region or
any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port,
Maryland—National Capital Region to
assist in enforcing the safety zone
described in paragraph (b) of this
section.
USS CONSTELLATION ‘‘turnaround’’ participants means the USS
CONSTELLATION, its support craft and
the accompanying towing vessels.
(b) Location. The following area is a
moving safety zone: The navigable
waters within 200 yards ahead of or 100
yards outboard or aft of the historic
sloop-of-war USS CONSTELLATION,
while operating in the Inner Harbor, the
Northwest Harbor or the Patapsco River.
(c) Regulations. (1) The general safety
zone regulations found in 33 CFR
165.23 apply to the safety zone created
by this temporary section,
§ 165.T05.0808.
(2) With the exception of USS
CONSTELLATION ‘‘turn-around’’
participants, and vessels at berth,
mooring, or at anchor, entry into or
remaining in this zone is prohibited,
unless authorized by the Captain of the
Port, Maryland—National Capital
Region. All vessels underway within
this safety zone at the time it is
implemented shall depart the safety
zone.
(3) Persons or vessels requiring entry
into or passage through the moving
safety zone must first request
authorization from the Captain of the
Port, Maryland—National Capital
Region to seek permission to transit the
area. The Captain of the Port,
Maryland—National Capital Region can
be contacted at telephone number (410)
576–2693 and on Marine Band Radio
VHF Channel 16 (156.8 MHz). The Coast
Guard vessels enforcing this section can
be contacted on Marine Band Radio
VHF Channel 16 (156.8 MHz). Upon
being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or
other means, the person or vessel shall
proceed as directed. If permission is
granted, all persons or vessels must
comply with the instructions of the
Captain of the Port, Maryland—National
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Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations
Capital Region, and proceed at the
minimum speed necessary to maintain a
safe course while within the zone.
(4) The COTP Maryland—National
Capital Region 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) Enforcement officials. 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 8 a.m. through 1
p.m. on October 26, 2017, and, if
necessary due to inclement weather,
from 8 p.m. through 1 p.m. on October
27, 2017.
Dated: September 27, 2017.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Maryland—National Capital Region.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port New York
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
NYC DOT New York City Department of
Transportation
§ Section
TIR Temporary Interim Rule
U.S.C. United States Code
[FR Doc. 2017–21180 Filed 10–2–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0937]
RIN 1625–AA00
Safety Zone; Belt Parkway Bridge
Construction, Gerritsen Inlet;
Brooklyn, NY
Coast Guard, DHS.
Temporary interim rule and
request for comments.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of Gerritsen Inlet
surrounding the Belt Parkway Bridge.
This action is necessary to provide for
the safety of life on these navigable
waters in Brooklyn, NY, during bridge
replacement operations, both planned
and unforeseen, until the new bridge is
built and the existing bridge is removed.
This regulation prohibits persons and
vessels from being in the safety zone
unless authorized by the Captain of the
Port New York or a designated
representative.
DATES: This rule is effective without
actual notice from October 3, 2017
through December 31, 2018. For the
purposes of enforcement, actual notice
will be used from 12:01 a.m. on October
1, 2017 through October 3, 2017.
Comments and related material may
be received by the Coast Guard during
the effective period.
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SUMMARY:
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You may submit comments
identified by docket number USCG–
2017–0937 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Jeff Yunker, Coast Guard
Sector New York, Waterways
Management Division, telephone 718–
354–4195, email Jeff.M.Yunker@
uscg.mil or Mr. Craig Lapiejko, Coast
Guard First District Waterways
Management Branch, telephone 617–
223–8351, email craig.d.lapiejko@
uscg.mil.
ADDRESSES:
II. Background Information and
Regulatory History
In a letter received by the Coast Guard
on May 16, 2013 NYC DOT and their
contractors outlined the first five phases
of operations that require in-channel
work in the construction and demolition
of the Belt Parkway Bridge. On
November 29, 2013, the Coast Guard
published a NPRM titled ‘‘Safety Zone;
Belt Parkway Bridge Construction,
Gerritsen Inlet, Brooklyn, NY’’ (78 FR
71546). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to this bridge construction. During the
comment period that ended December
20, 2013, we received no comments.
On May 12, 2014, the Coast Guard
published a TIR and request for
comments titled ‘‘Safety Zone; Belt
Parkway Bridge Construction, Gerritsen
Inlet, Brooklyn, NY’’ (79 FR 26848).
During the comment period that ended
June 2, 2014, we received no comments.
On July 25, 2014 the Coast Guard
published a correcting amendment
titled ‘‘Safety Zone; Belt Parkway Bridge
Construction, Gerritsen Inlet, Brooklyn,
NY’’ (79 FR 43255). There we corrected
an inadvertent error included in one of
the coordinates of the safety zone.
The NYC DOT has requested the
USCG safety zone and the USCG bridge
permit be extended until June 30, 2018,
to complete all remaining contract
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operations in and over the channel,
including, but not limited to,
substructure concrete placements, steel
erection, concrete bridge deck
placements, installation of navigation
lighting, channel clean up and final
fathometric surveying. The Coast Guard
is issuing this TIR with an effective date
through December 31, 2018 in case of
additional project delays due to
unforeseen circumstances.
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), the Coast Guard finds that good
cause exists for not publishing a notice
of proposed rulemaking with respect to
this rule because it is impracticable as
it is necessary to protect the safety of
both the construction crew and the
waterway users operating in the vicinity
of the bridge construction zone. A delay
or cancellation of the currently ongoing
bridge rehabilitation project in order to
accommodate a full notice and comment
period would delay necessary
operations, result in increased costs,
and delay the date when the bridge is
expected to reopen for normal
operations.
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. It would be impracticable and
contrary to the public interest to delay
promulgating this rule, for the reasons
stated above. The Coast Guard will
enforce the safety zone described in this
rule to all vessel traffic during
circumstances that pose an imminent
threat to waterway users operating in
the area. The Coast Guard will provide
as much advanced notice as possible
prior to enforcement.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
COTP has determined that potential
hazards associated with the
construction of the Belt Parkway
replacement bridge over Gerritsen Inlet
will be a safety concern for anyone
within approximately 300 feet of the
existing bridge. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone during
bridge construction.
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]]>Agencies
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Rules and Regulations]
[Pages 45981-45984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21180]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0808]
RIN 1625-AA00
Safety Zone; Patapsco River, Northwest and Inner Harbors;
Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Patapsco River, Northwest Harbor and Inner
Harbor. This action is necessary to provide for the safety of life on
the navigable waters at Baltimore, MD, during the movement of the
historic sloop-of-war USS CONSTELLATION on October 26, 2017. If
necessary, due to inclement weather, the event will be rescheduled for
October 27, 2017. This action will prohibit persons and vessels from
entering the safety zone unless authorized by the Captain of the Port
Maryland--National Capital Region.
DATES: This rule is effective from 8 a.m. on October 26, 2017, through
1 p.m. on October 27, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0808 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald L. Houck, at Sector Maryland--National Capital
Region, Waterways Management Division, U.S. Coast Guard; telephone 410-
576-2674, email Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
[[Page 45982]]
II. Background Information and Regulatory History
On September 15, 2017, Historic Ships in Baltimore of Baltimore,
MD, notified the Coast Guard that from 9 a.m. to noon on October 26,
2017, it will be conducting a tow of the historic sloop-of-war USS
CONSTELLATION in Baltimore, MD, from its berth at the Inner Harbor to a
point on the Patapsco River near the Fort McHenry National Monument and
Historic Shrine, and its return to its berth at the Inner Harbor.
This rule involves the USS CONSTELLATION ``turn-around'' cruise, an
event that takes place in Baltimore, MD. A permanent safety zone for
this rule, with an enforcement period from 2 p.m. through 7 p.m. local
time annually on the Thursday before Memorial Day (observed), has been
published and is detailed at Title 33 Code of Federal Regulations,
section 165.512. However, due to a change in scheduling, the event this
year is planned for October 26, 2017. If necessary, due to inclement
weather, the event will be rescheduled for October 27, 2017. The event
is scheduled to start at 9 a.m. and the event location remains
unchanged.
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 due to the short time period between event
planners notifying the Coast Guard of details concerning the event, on
September 15, 2017, and publication of this safety zone. It is
impracticable and contrary to the public interest to publish an NPRM to
provide a notice and an opportunity for comment period because we must
establish this safety zone by October 26, 2017 to ensure the safety of
vessels and the navigable waters before, during, and after the
scheduled event. Such hazards include vessels colliding, sinking or
grounding, creating hazards to navigation, and threatening the marine
environment.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective less than 30 days after publication in
the Federal Register. Delaying the effective date of this rule would be
impracticable and contrary to public interest because immediate action
is needed to respond to the potential safety hazards associated with a
movement of a historic sloop-of war being towed in confined waters
during the boating season in Baltimore, MD.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP has determined that potential hazards associated with
the USS CONSTELLATION ``turn-around'' cruise will be a safety concern
for anyone on the Patapsco River, Northwest Harbor and Inner Harbor.
The purpose of this rulemaking is to ensure the safety of vessels and
the navigable waters in the safety zone before, during, and after the
scheduled event.
IV. Discussion of the Rule
This rule establishes a safety zone from 8 a.m. through 1 p.m. on
October 26, 2017, and, if necessary due to inclement weather, from 8
a.m. through 1 p.m. on October 27, 2017. The safety zone will include
all navigable waters within 200 yards ahead of and 100 yards outboard
or aft of the historic sloop-of-war USS CONSTELLATION while operating
in the Inner Harbor, the Northwest Harbor or the Patapsco River. This
location is entirely within the Area of Responsibility of the COTP
Maryland-National Capital Region, as set forth at 33 CFR 3.25-15.
This rule requires any unauthorized persons in the regulated area
at the time this safety zone is in effect to immediately proceed out of
the zone. Except for USS CONSTELLATION ``turn-around'' participants,
and vessels at berth, mooring, or at anchor, this rule temporarily
requires all vessels in the designated safety zone as defined by this
rule to immediately depart the safety zone. Entry into this safety zone
is prohibited, unless specifically authorized by the COTP Maryland--
National Capital Region. Coast Guard personnel will be present to
prevent the movement of unauthorized persons into the zone. Federal,
state, and local agencies may assist the Coast Guard in the enforcement
of this rule. The COTP Maryland--National Capital Region will issue
Broadcast Notices to Mariners to further publicize the safety zone and
notify the public of changes in the status of the zone. Such notices
will continue until the event is complete. The regulatory text appears
at the end of this document.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone, which will
impact a small designated area of the Patapsco River, Northwest Harbor
and Inner Harbor for five hours during the weekday when vessel traffic
is normally low. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 22A about the zone. Such
notifications will be updated as necessary, to keep the maritime
community informed of the status of the safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
[[Page 45983]]
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
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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.
F. 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 (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 a safety zone lasting approximately five hours that will
prohibit entry within 200 yards ahead of and 100 yards outboard or aft
of the historic sloop-of-war USS CONSTELLATION. It is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A Record of Environmental Consideration (REC)
supporting this determination is available in the docket where
indicated under ADDRESSES.
G. 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.
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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0808 to read as follows:
Sec. 165.T05-0808 Safety Zone; Patapsco River, Northwest and Inner
Harbors; Baltimore, MD.
(a) Definitions. As used in this section:
Captain of the Port Maryland--National Capital Region means the
Commander, U.S. Coast Guard Sector Maryland--National Capital Region or
any Coast Guard commissioned, warrant, or petty officer who has been
authorized by the Captain of the Port, Maryland--National Capital
Region to assist in enforcing the safety zone described in paragraph
(b) of this section.
USS CONSTELLATION ``turn-around'' participants means the USS
CONSTELLATION, its support craft and the accompanying towing vessels.
(b) Location. The following area is a moving safety zone: The
navigable waters within 200 yards ahead of or 100 yards outboard or aft
of the historic sloop-of-war USS CONSTELLATION, while operating in the
Inner Harbor, the Northwest Harbor or the Patapsco River.
(c) Regulations. (1) The general safety zone regulations found in
33 CFR 165.23 apply to the safety zone created by this temporary
section, Sec. 165.T05.0808.
(2) With the exception of USS CONSTELLATION ``turn-around''
participants, and vessels at berth, mooring, or at anchor, entry into
or remaining in this zone is prohibited, unless authorized by the
Captain of the Port, Maryland--National Capital Region. All vessels
underway within this safety zone at the time it is implemented shall
depart the safety zone.
(3) Persons or vessels requiring entry into or passage through the
moving safety zone must first request authorization from the Captain of
the Port, Maryland--National Capital Region to seek permission to
transit the area. The Captain of the Port, Maryland--National Capital
Region can be contacted at telephone number (410) 576-2693 and on
Marine Band Radio VHF Channel 16 (156.8 MHz). The Coast Guard vessels
enforcing this section can be contacted on Marine Band Radio VHF
Channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel
by siren, radio, flashing light, or other means, the person or vessel
shall proceed as directed. If permission is granted, all persons or
vessels must comply with the instructions of the Captain of the Port,
Maryland--National
[[Page 45984]]
Capital Region, and proceed at the minimum speed necessary to maintain
a safe course while within the zone.
(4) The COTP Maryland--National Capital Region 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) Enforcement officials. 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 8 a.m.
through 1 p.m. on October 26, 2017, and, if necessary due to inclement
weather, from 8 p.m. through 1 p.m. on October 27, 2017.
Dated: September 27, 2017.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland--National
Capital Region.
[FR Doc. 2017-21180 Filed 10-2-17; 8:45 am]
BILLING CODE 9110-04-P
