Rule2021-25958
Safety Zone; Patapsco River, Baltimore, MD
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 29, 2021
Effective
December 3, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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 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.
Full Text
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<title>Federal Register, Volume 86 Issue 226 (Monday, November 29, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25958]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#396b565758555d17751771564c5a52794c4a5a5e17545055"><span class="__cf_email__" data-cfemail="30625f5e515c541e7c1e785f45535b70454353571e5d595c">[email protected]</span></a>.
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
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.