Safety Zone; Patapsco River, Baltimore, MD, 67651-67654 [2021-25958]

Download as PDF Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Rules and Regulations airspace description, the FAA identified that the airport’s name and associated ARP geographic coordinates were incorrect. This action updates the airport name and ARP geographic coordinates to coincide with the FAA’s aeronautical database information. There are no changes to the boundaries, altitudes, or air traffic control services resulting from this action. Class C airspace areas are published in paragraph 4000 of FAA Order JO 7400.11F, dated August 10, 2021, and effective September 15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class C airspace listed in this document will be published subsequently in the FAA Order JO 7400.11F. Availability and Summary of Documents for Incorporation by Reference This document amends FAA Order JO 7400.11F, Airspace Designations and Reporting Points, dated August 10, 2021, and effective September 15, 2021. FAA Order JO 7400.11F is publicly available as listed in the ADDRESSES section of this document. FAA Order JO 7400.11F lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. khammond on DSKJM1Z7X2PROD with RULES The Rule This action amends 14 CFR part 71 by amending the Columbus, Port Columbus International Airport, OH, Class C airspace description to update the airport name and associated ARP geographic coordinates contained in the description. The airport name ‘‘Port Columbus International Airport’’ is changed to ‘‘John Glenn Columbus International Airport’’ and the associated ARP geographic coordinates for the airport are changed from ‘‘lat. 39°59′46″ N, long. 82°53′17″ W’’ to ‘‘lat. 39°59′49″ N, long. 082°53′32″ W’’. These changes to the airport name and associated ARP geographic coordinates reflect the current information in the FAA’s aeronautical database. Additionally, minor administrative edits to the legal description title and header information were made for readability and to comply with airspace legal description policy guidance. This is an administrative change and does not affect the boundaries, altitudes, or operating requirements of the airspace. Therefore, notice and public procedure under 5 U.S.C. 553(b) is unnecessary. FAA Order JO 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. VerDate Sep<11>2014 15:50 Nov 26, 2021 Jkt 256001 Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action of making administrative edits to the Columbus, OH, Class C airspace description qualifies for categorical exclusion under the National Environmental Policy Act (42 U.S.C. 4321et seq.) and its implementing regulations at 40 CFR part 1500, and in accordance with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, paragraph 5–6.5a, which categorically excludes from further environmental impact review rulemaking actions that designate or modify classes of airspace areas, airways, routes, and reporting points (see 14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes; and Reporting Points). As such, this action is not expected to result in any potentially significant environmental impacts. In accordance with FAA Order 1050.1F, paragraph 5–2 regarding Extraordinary Circumstances, the FAA has reviewed this action for factors and circumstances in which a normally categorically excluded action may have a significant environmental impact requiring further analysis. The FAA has determined that no extraordinary circumstances exist that warrant preparation of an environmental assessment or environmental impact study. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 67651 PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p.389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11F, Airspace Designations and Reporting Points, dated August 10, 2021, and effective September 15, 2021, is amended as follows: ■ Paragraph 4000 Class C Airspace. * * * * * AGL OH C Columbus, OH [Amended] John Glenn Columbus International Airport, OH (Lat. 39°59′49″ N, long. 082°53′32″ W) That airspace extending upward from the surface to and including 4,800 feet MSL within a 5-mile radius of the John Glenn Columbus International Airport and that airspace extending upward from 2,500 feet MSL to 4,800 feet MSL within a 10-mile radius of the John Glenn Columbus International Airport. * * * * * Issued in Washington, DC, on November 22, 2021. Michael R. Beckles, Acting Manager, Rules and Regulations Group. [FR Doc. 2021–25902 Filed 11–26–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2021–0870] RIN 1625–AA00 Safety Zone; Patapsco River, Baltimore, MD Coast Guard, Department of Homeland Security (DHS). ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone for certain waters of the Patapsco River. This action is necessary to provide for the safety of life on these navigable waters near the Francis Scott Key (I– 695) Bridge, Baltimore, MD, while work crews install power transmission lines crossing over the Patapsco River on SUMMARY: E:\FR\FM\29NOR1.SGM 29NOR1 67652 Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Rules and Regulations December 3, 2021, and on December 4, 2021 (alternate dates December 6, 2021, and on December 7, 2021). This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port, Maryland-National Capital Region or a designated representative. DATES: This rule is effective from 9 a.m. on December 3, 2021, to 3:30 p.m. on December 7, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0870 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Ron Houck, Sector MarylandNational 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 § Section U.S.C. United States Code khammond on DSKJM1Z7X2PROD with RULES II. Background Information and Regulatory History On November 17, 2021, Baltimore Gas and Electric Company (BGE) notified the Coast Guard that it will be conducting activities associated with the installation of new overhead power transmission lines crossing over the Patapsco River from the vicinity of the Hawkins Point terminal Station on the west side of the Patapsco River to a location just north of Sollers Point Terminal Station on the east side of the Patapsco River, from 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m. on December 3, 2021, and during the same times on December 4, 2021. If necessary due to inclement weather or other reason on December 3, 2021, it will be enforced from 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m. on December 6, 2021. If necessary due to inclement weather or other reason on December 4, 2021, it will be enforced from 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m. on December 7, 2021. This installation process requires the temporary closure of the navigation channel near the Francis Scott Key (I–695) Bridge and the temporary closure of other portions of the Patapsco River nearby. VerDate Sep<11>2014 15:50 Nov 26, 2021 Jkt 256001 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 impracticable and contrary to public interest to delay the effective date of this rule. Immediate action is needed to respond to the potential safety hazards associated with the installation of new overhead power transmission lines crossing over the Patapsco River within the navigation channel near the Francis Scott Key (I–695) Bridge and other portions of the Patapsco River nearby. The Coast Guard was unable to publish a NPRM due to the short time period between project planners notifying the Coast Guard of the work and publication of this safety zone. It is impracticable and contrary to the public interest to publish an NPRM because we must establish this safety zone by December 3, 2021. 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. Delaying the effective date of this rule would be impracticable and contrary to the public interest because immediate action is needed to respond to the potential safety hazards associated with the installation of power transmission lines over the Patapsco River adjacent to Francis Scott Key (I– 695) Bridge conducted within the federal navigation channel and other portions of the river nearby. Such hazards include low-hanging or falling ropes and cables, helicopter rotor downwash and noise, dangerous projectiles, and or other debris. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The COTP Maryland-National Capital Region has determined that potential hazards associated with the overhead power transmission line installation work will be a safety concern for anyone transiting the Patapsco River. This rule is needed to ensure the safety of vessels and the navigable waters in the safety zone before, during, and after the scheduled work. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 IV. Discussion of the Rule This rule establishes a safety zone from 9 a.m. on December 3, 2021, to 3:30 p.m. on December 7, 2021. The safety zone will be enforced from 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m. on December 3, 2021, and during the same times on December 4, 2021. If necessary due to inclement weather or other reason on December 3, 2021, it will be enforced from 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m. on December 6, 2021. If necessary due to inclement weather or other reason on December 4, 2021, it will be enforced from 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m. on December 7, 2021. The safety zone will cover all navigable waters of the Patapsco River, encompassed by a line connecting the following points beginning at the shoreline at Thoms Cove at position latitude 39°12′36″ N, longitude 076°32′50″ W, thence east and south along the shoreline to Hawkins Point at latitude 39°12′40″ N, longitude 076°31′58″ W, thence northeast across the Patapsco River to Coffin Point at latitude 39°13′55″ N, longitude 076°30′18″ W, thence west and north along the shoreline to Sollers Point at latitude 39°14′01″ N, longitude 076°30′59″ W, thence west across the Patapsco River to and terminating at the point of origin, located at Baltimore, MD. The duration of the rule and enforcement of the zone is intended to ensure the safety of vessels and these navigable waters while the activities associated with the installation of new overhead power transmission lines crossing over the Patapsco River are being conducted. The COTP will notify the public that the safety zone will be enforced by all appropriate means to the affected segments of the public, as practicable, in accordance with 33 CFR 165.7(a). Such means of notification may also include, but are not limited to, Broadcast Notice to Mariners. Vessels or persons violating this rule are subject to the penalties set forth in 46 U.S.C. 70036 (previously codified in 33 U.S.C. 1232) and 46 U.S.C. 70052 (previously codified in 50 U.S.C. 192). Except for craft and equipment operated by BGE, or its subcontractors, no vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses E:\FR\FM\29NOR1.SGM 29NOR1 Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Rules and Regulations based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. khammond on DSKJM1Z7X2PROD with RULES 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. This rule has not been designated a ‘‘significant regulatory action’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the size, duration, day-ofweek, and time of year of the safety zone. Vessels or persons will not be allowed to enter or transit a portion of the Patapsco River for a total 10 enforcement-hours. Due to the nature of the work and the hazards it presents to the workers and the public, the COTP has identified the need to close the Patapsco River in the vicinity of the overhead power line crossing while this work is ongoing. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF–FM marine channel 16 about the 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 received no comments from the Small Business Administration on this 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. 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 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 VerDate Sep<11>2014 15:50 Nov 26, 2021 Jkt 256001 compliance, please call or email 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. 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. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 67653 F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), 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 only 10 total enforcement hours that will prohibit entry within certain navigable waters of the Patapsco River. It is categorically excluded from further review under paragraph L60(c) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.2. 2. Add § 165.T05–0870 to read as follows: ■ § 165.T05–0870 Safety Zone; Patapsco River, Baltimore, MD. (a) Location. The following area is a safety zone: All navigable waters of the Patapsco River, encompassed by a line connecting the following points beginning at the shoreline at Thoms Cove at position latitude 39°12′36″ N, longitude 076°32′50″ W, thence east and south along the shoreline to Hawkins Point at latitude 39°12′40″ N, longitude 076°31′58″ W, thence northeast across the Patapsco River to Coffin Point at E:\FR\FM\29NOR1.SGM 29NOR1 khammond on DSKJM1Z7X2PROD with RULES 67654 Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Rules and Regulations latitude 39°13′55″ N, longitude 076°30′18″ W, thence west and north along the shoreline to Sollers Point at latitude 39°14′01″ N, longitude 076°30′59″ W, thence west across the Patapsco River to and terminating at the point of origin, located at Baltimore, MD. These coordinates are based on datum NAD 83. (b) Definitions. As used in this section— Captain of the Port (COTP) means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region. Designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port MarylandNational Capital Region (COTP) in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) To seek permission to enter, contact the COTP or the COTP’s representative by telephone at 410–576– 2693 or on Marine Band Radio VHF–FM channel 16 (156.8 MHz). Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (d) Enforcement officials. The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (e) Enforcement periods. This section will be enforced: (1) From 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m. on December 3, 2021. If necessary due to inclement weather or other reason on December 3, 2021, it will be enforced from 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m. on December 6, 2021. (2) From 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m. on December 4, 2021. If necessary due to inclement weather or other reason on December 4, 2021, it will be enforced from 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m. on December 7, 2021. DEPARTMENT OF VETERANS AFFAIRS PART 4—SCHEDULE FOR RATING DISABILITIES 38 CFR Part 4 ■ RIN 2900–AQ67 Authority: 38 U.S.C. 1155, unless otherwise noted. Dated: November 23, 2021. David E. O’Connell, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. Disability benefits, Pensions, Veterans. The Federal Emergency Management Agency (FEMA) is revising its regulations to remove a requirement that a private insurance company applying to participate in the WriteYour-Own program furnish its Best’s Financial Size Category for the purpose of setting marketing goals. DATES: This rule is effective November 29, 2021. ADDRESSES: The docket for this rulemaking is available for inspection using the Federal eRulemaking Portal at https://www.regulations.gov and can be viewed by following that website’s instructions. FOR FURTHER INFORMATION CONTACT: Sarah Ice, Federal Insurance and Mitigation Administration, FEMA, 400 C St. SW, Washington, DC 20472, (202) 320–5577, sarah.devaney-ice@ fema.dhs.gov. SUPPLEMENTARY INFORMATION: For the reasons set out in the preamble, 38 CFR part 4 is corrected by making the following correcting amendment: I. Background and Discussion of the Rule The National Flood Insurance Act of 1968 (NFIA), as amended (42 U.S.C. [FR Doc. 2021–25958 Filed 11–26–21; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 15:50 Nov 26, 2021 Jkt 256001 1. The authority citation for part 4 continues to read as follows: Schedule for Rating Disabilities: The Cardiovascular System; Correction § 4.100 [Amended] 2. Amend § 4.100 by removing paragraph (c). ■ AGENCY: ACTION: Department of Veterans Affairs. Correcting amendments. On September 30, 2021, the Department of Veterans Affairs (VA) published in the Federal Register a final rule that amended the portion of the VA Schedule for Rating Disabilities (‘‘VASRD’’ or ‘‘rating schedule’’) that addresses the cardiovascular system. This correction addresses the application of the general rating formula for diseases of the heart in the published final rule. SUMMARY: This correction is effective November 29, 2021. DATES: FOR FURTHER INFORMATION CONTACT: Gary VA is correcting its regulations, which published under ‘‘Schedule for Rating Disabilities: The Cardiovascular System’’ (RIN 2900–AQ67), on September 30, 2021, in the Federal Register at 86 FR 54089. The error is with § 4.100 Application of the general rating formula for diseases of the heart. VA removed left ventricular ejection fraction (LVEF) from the general rating formula for diseases of the heart but failed to remove every reference to LVEF in its evaluation criteria. Paragraph (c) of § 4.100 of title 38 Code of Federal Regulations (CFR) provides instructions for addressing situations where LVEF is not of record. These instructions are no longer relevant considering the removal of LVEF from consideration in evaluating heart diseases. VA is correcting that error by removing paragraph (c). SUPPLEMENTARY INFORMATION: List of Subjects in 38 CFR Part 4 Frm 00006 Fmt 4700 Sfmt 4700 [FR Doc. 2021–25931 Filed 11–26–21; 8:45 am] BILLING CODE 8320–01–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 62 Reynolds, M.D., VASRD Program Management Office (210), Compensation Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, (202) 461– 9700. (This is not a toll-free telephone number.) PO 00000 Jeffrey M. Martin, Assistant Director, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. [Docket ID FEMA–2021–0030] RIN 1660–AB13 National Flood Insurance Program: Removal of Best’s Financial Size Category From Write-Your-Own Participation Criteria Federal Emergency Management Agency, Department of Homeland Security (DHS). ACTION: Final rule. AGENCY: SUMMARY: E:\FR\FM\29NOR1.SGM 29NOR1

Agencies

[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Rules and Regulations]
[Pages 67651-67654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25958]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0870]
RIN 1625-AA00


Safety Zone; Patapsco River, Baltimore, MD

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Patapsco River. This action is necessary to 
provide for the safety of life on these navigable waters near the 
Francis Scott Key (I-695) Bridge, Baltimore, MD, while work crews 
install power transmission lines crossing over the Patapsco River on

[[Page 67652]]

December 3, 2021, and on December 4, 2021 (alternate dates December 6, 
2021, and on December 7, 2021). This regulation prohibits persons and 
vessels from being in the safety zone unless authorized by the Captain 
of the Port, Maryland-National Capital Region or a designated 
representative.

DATES: This rule is effective from 9 a.m. on December 3, 2021, to 3:30 
p.m. on December 7, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0870 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the 
Document Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ron Houck, Sector Maryland-National Capital Region 
Waterways Management Division, U.S. Coast Guard; telephone 410-576-
2674, email [email protected].

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

II. Background Information and Regulatory History

    On November 17, 2021, Baltimore Gas and Electric Company (BGE) 
notified the Coast Guard that it will be conducting activities 
associated with the installation of new overhead power transmission 
lines crossing over the Patapsco River from the vicinity of the Hawkins 
Point terminal Station on the west side of the Patapsco River to a 
location just north of Sollers Point Terminal Station on the east side 
of the Patapsco River, from 9 a.m. to 11:30 a.m. and from 1 p.m. to 
3:30 p.m. on December 3, 2021, and during the same times on December 4, 
2021. If necessary due to inclement weather or other reason on December 
3, 2021, it will be enforced from 9 a.m. to 11:30 a.m. and from 1 p.m. 
to 3:30 p.m. on December 6, 2021. If necessary due to inclement weather 
or other reason on December 4, 2021, it will be enforced from 9 a.m. to 
11:30 a.m. and from 1 p.m. to 3:30 p.m. on December 7, 2021. This 
installation process requires the temporary closure of the navigation 
channel near the Francis Scott Key (I-695) Bridge and the temporary 
closure of other portions of the Patapsco River nearby.
    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 impracticable and contrary to 
public interest to delay the effective date of this rule. Immediate 
action is needed to respond to the potential safety hazards associated 
with the installation of new overhead power transmission lines crossing 
over the Patapsco River within the navigation channel near the Francis 
Scott Key (I-695) Bridge and other portions of the Patapsco River 
nearby. The Coast Guard was unable to publish a NPRM due to the short 
time period between project planners notifying the Coast Guard of the 
work and publication of this safety zone. It is impracticable and 
contrary to the public interest to publish an NPRM because we must 
establish this safety zone by December 3, 2021.
    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. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to respond to the potential safety 
hazards associated with the installation of power transmission lines 
over the Patapsco River adjacent to Francis Scott Key (I-695) Bridge 
conducted within the federal navigation channel and other portions of 
the river nearby. Such hazards include low-hanging or falling ropes and 
cables, helicopter rotor downwash and noise, dangerous projectiles, and 
or other debris.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP Maryland-National Capital 
Region has determined that potential hazards associated with the 
overhead power transmission line installation work will be a safety 
concern for anyone transiting the Patapsco River. This rule is needed 
to ensure the safety of vessels and the navigable waters in the safety 
zone before, during, and after the scheduled work.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 a.m. on December 3, 
2021, to 3:30 p.m. on December 7, 2021. The safety zone will be 
enforced from 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m. on 
December 3, 2021, and during the same times on December 4, 2021. If 
necessary due to inclement weather or other reason on December 3, 2021, 
it will be enforced from 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 
p.m. on December 6, 2021. If necessary due to inclement weather or 
other reason on December 4, 2021, it will be enforced from 9 a.m. to 
11:30 a.m. and from 1 p.m. to 3:30 p.m. on December 7, 2021. The safety 
zone will cover all navigable waters of the Patapsco River, encompassed 
by a line connecting the following points beginning at the shoreline at 
Thoms Cove at position latitude 39[deg]12'36'' N, longitude 
076[deg]32'50'' W, thence east and south along the shoreline to Hawkins 
Point at latitude 39[deg]12'40'' N, longitude 076[deg]31'58'' W, thence 
northeast across the Patapsco River to Coffin Point at latitude 
39[deg]13'55'' N, longitude 076[deg]30'18'' W, thence west and north 
along the shoreline to Sollers Point at latitude 39[deg]14'01'' N, 
longitude 076[deg]30'59'' W, thence west across the Patapsco River to 
and terminating at the point of origin, located at Baltimore, MD.
    The duration of the rule and enforcement of the zone is intended to 
ensure the safety of vessels and these navigable waters while the 
activities associated with the installation of new overhead power 
transmission lines crossing over the Patapsco River are being 
conducted. The COTP will notify the public that the safety zone will be 
enforced by all appropriate means to the affected segments of the 
public, as practicable, in accordance with 33 CFR 165.7(a). Such means 
of notification may also include, but are not limited to, Broadcast 
Notice to Mariners. Vessels or persons violating this rule are subject 
to the penalties set forth in 46 U.S.C. 70036 (previously codified in 
33 U.S.C. 1232) and 46 U.S.C. 70052 (previously codified in 50 U.S.C. 
192).
    Except for craft and equipment operated by BGE, or its 
subcontractors, no vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses

[[Page 67653]]

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. This rule has not been designated a ``significant 
regulatory action'' under Executive Order 12866. Accordingly, this rule 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, 
duration, day-of-week, and time of year of the safety zone. Vessels or 
persons will not be allowed to enter or transit a portion of the 
Patapsco River for a total 10 enforcement-hours. Due to the nature of 
the work and the hazards it presents to the workers and the public, the 
COTP has identified the need to close the Patapsco River in the 
vicinity of the overhead power line crossing while this work is 
ongoing. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the 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 received no comments from the Small Business 
Administration on this 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.
    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 
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 
call or email 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.

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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 only 10 total enforcement hours that will prohibit 
entry within certain navigable waters of the Patapsco River. It is 
categorically excluded from further review under paragraph L60(c) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T05-0870 to read as follows:


Sec.  165.T05-0870  Safety Zone; Patapsco River, Baltimore, MD.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Patapsco River, encompassed by a line connecting the 
following points beginning at the shoreline at Thoms Cove at position 
latitude 39[deg]12'36'' N, longitude 076[deg]32'50'' W, thence east and 
south along the shoreline to Hawkins Point at latitude 39[deg]12'40'' 
N, longitude 076[deg]31'58'' W, thence northeast across the Patapsco 
River to Coffin Point at

[[Page 67654]]

latitude 39[deg]13'55'' N, longitude 076[deg]30'18'' W, thence west and 
north along the shoreline to Sollers Point at latitude 39[deg]14'01'' 
N, longitude 076[deg]30'59'' W, thence west across the Patapsco River 
to and terminating at the point of origin, located at Baltimore, MD. 
These coordinates are based on datum NAD 83.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard 
Sector Maryland-National Capital Region.
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port Maryland-National 
Capital Region (COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by telephone at 410-576-2693 or on Marine Band Radio 
VHF-FM channel 16 (156.8 MHz). Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the safety zone by Federal, State, and 
local agencies.
    (e) Enforcement periods. This section will be enforced:
    (1) From 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m. on 
December 3, 2021. If necessary due to inclement weather or other reason 
on December 3, 2021, it will be enforced from 9 a.m. to 11:30 a.m. and 
from 1 p.m. to 3:30 p.m. on December 6, 2021.
    (2) From 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m. on 
December 4, 2021. If necessary due to inclement weather or other reason 
on December 4, 2021, it will be enforced from 9 a.m. to 11:30 a.m. and 
from 1 p.m. to 3:30 p.m. on December 7, 2021.

    Dated: November 23, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2021-25958 Filed 11-26-21; 8:45 am]
BILLING CODE 9110-04-P