Rule2022-06230
Safety Zone; Chesapeake Bay, Craighill Channel, MD
Primary source
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Published
March 24, 2022
Effective
March 24, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is extending the duration of a temporary safety zone on certain navigable waters of the Chesapeake Bay. This action is necessary to provide for the safety of persons and the marine environment from the potential safety hazards associated with the damage assessment and salvage of the grounded freight ship EVER FORWARD, through 9 p.m. on April 13, 2022. This rule 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 87 Issue 57 (Thursday, March 24, 2022)</title>
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[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Rules and Regulations]
[Pages 16638-16640]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06230]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0750]
RIN 1625-AA00
Safety Zone; Chesapeake Bay, Craighill Channel, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is extending the duration of a temporary
safety zone on certain navigable waters of the Chesapeake Bay. This
action is necessary to provide for the safety of persons and the marine
environment from the potential safety hazards associated with the
damage assessment and salvage of the grounded freight ship EVER
FORWARD, through 9 p.m. on April 13, 2022. This rule 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 without actual notice from March 24, 2022
until 9 p.m. on April 13, 2022. For the purposes of enforcement, actual
notice will be used from 9 p.m. on March 20, 2022, until March 24,
2022.
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-
2021-0750 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-NCR, Waterways Management
Division, U.S. Coast Guard: telephone 410-576-2674, email
<a href="/cdn-cgi/l/email-protection#f1a39e9f909d95dfbddfb99e84929ab184829296df9c989d"><span class="__cf_email__" data-cfemail="0d5f62636c61692341234562786e664d787e6e6a23606461">[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 March 14, 2022, the Coast Guard issued a final rule establishing
a temporary safety zone on certain navigable waters of the Chesapeake
Bay to protect persons and vessels during damage assessment and salvage
operations at the grounded 1,102-foot Hong Kong-flagged motor vessel
EVER FORWARD. The orignal rule runs through 9 p.m. on March 20, 2022.
However, additional time is needed to conduct the damage assessment and
salvage operations and, as a result, the Coast Guard needs to extend
the safety zone through 9 p.m. on April 13, 2022. 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 extension because it
[[Page 16639]]
would be impracticable and contrary to the public interest. The Coast
Guard was unable to publish an NPRM and hold a reasonable comment
period for this rulemaking due to the emergent nature of the continuing
damage assessment and salvage operations and required publication of
this extension. Immediate action is needed to continue to protect
persons and vessels from the hazards associated with carrying out
damage assessment and salvage operations of the motor vessel EVER
FORWARD that must occur within the federal navigation channel. It is
impracticable and contrary to the public interest to publish an NPRM,
because the extension needs to be in place by March 21, 2022.
We are issuing this rule under 5 U.S.C. 553(d)(3), and in
accordance with 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 continue to respond to the
potential safety hazards associated with damage assessment and salvage
operations of the motor vessel EVER FORWARD being conducted within the
federal navigation channel.
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 has determined there are
potential hazards associated with damage assessment and salvage
operations. The work is a safety concern for anyone transiting the
Chesapeake Bay within a 500-yard radius of the motor vessel EVER
FORWARD. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
the damage assessment and salvage operations are being conducted.
IV. Discussion of the Rule
This rule extends the effective dates of an established safety
zone, originally established on March 14, 2022 and effective through 9
p.m. on March 20, 2022, through 9 p.m. on April 13, 2022. The safety
zone includes all navigable waters within 500 yards of the motor vessel
EVER FORWARD. The extended duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while damage assessment and salvage operations are conducted. 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
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 of the
safety zone, which will impact only vessel traffic required to transit
certain navigation channels of the Chesapeake Bay for a total of no
more than 30 days. Although this waterway supports both commercial and
recreational vessel traffic, portions of the federal navigation channel
in the Chesapeake Bay will be opened as damage assessment and salvage
operations allow. Moreover, the Coast Guard will issue a 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 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
[[Page 16640]]
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
temporary safety zone that prohibits entry within 500 yards of the
motor vessel EVER FORWARD. It is categorically excluded from further
review under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
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.T05-0750 to read as follows:
Sec. 165.T05-0750 Safety Zone; Chesapeake Bay, Craighill Channel,
MD.
(a) Location. The following area is a safety zone: All navigable
waters of the Chesapeake Bay, within a 500-yard radius of the motor
vessel EVER FORWARD during damage assessment and salvage operations.
(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 any Coast Guard commissioned,
warrant, or petty officer, 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 number 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 period. This section will be enforced from 9 p.m.
on March 20, 2022, through 9 p.m. on April 13, 2022.
Dated: March 17, 2022.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-NCR.
[FR Doc. 2022-06230 Filed 3-23-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on March 24, 2022.
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