Rule2022-17869
Safety Zone; Seneca Creek, Baltimore County, 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
August 19, 2022
Effective
August 19, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain waters of the Seneca Creek. The safety zone is needed to protect personnel, vessels, and the marine environment on these navigable waters in Baltimore County, MD, on August 19, 2022, (with alternate date of August 22, 2022) from potential hazards during an implosion of the former Charles P. Crane Generating Station. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Maryland-National Capital Region or a designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 160 (Friday, August 19, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Rules and Regulations]
[Pages 50935-50937]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17869]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0690]
RIN 1625-AA00
Safety Zone; Seneca Creek, Baltimore County, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Seneca Creek. The safety zone is needed to
protect personnel, vessels, and the marine environment on these
navigable waters in Baltimore County, MD, on August 19, 2022, (with
alternate date of August 22, 2022) from potential hazards during an
implosion of the former Charles P. Crane Generating Station. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port, Maryland-National Capital Region
or a designated representative.
DATES: This rule is effective from 6:30 a.m. on August 19, 2022,
through 10 a.m. on August 22, 2022. This rule will be enforced from
6:30 a.m. to 10 a.m. on August 19, 2022, or, if necessary due to
inclement weather on August 19, 2022, from 6:30 a.m. to 10 a.m. on
August 22, 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-
2022-0690 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 CWO2 Joshua Motta, Sector Maryland-National Capital
Region Waterways Management Division, U.S. Coast Guard; telephone 410-
576-2526, email <a href="/cdn-cgi/l/email-protection#f6bc99859ed8bbd8bb99828297b683859591d89b9f9a"><span class="__cf_email__" data-cfemail="763c19051e583b583b190202173603051511581b1f1a">[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
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 it is
impracticable and contrary to the public interest to publish an NPRM
because we must take immediate action to establish this safety zone by
August 19, 2022, to respond to potential safety hazards associated with
the implosion. Potential safety hazards include the resulting dust
cloud reducing visibility within the navigable channel. Event planners
did not notify the Coast Guard of the event until August 5, 2022.
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 implosion of the Charles P. Crane
Generating Station facility.
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 Captain of the Port, Maryland-
National Capital Region (COTP) has determined that potential hazards
associated with the implosion of the Charles P. Crane Generating
Station facility will be a safety concern for anyone within 1,250 feet
of the implosion site. This rule is needed to protect personnel,
vessels,
[[Page 50936]]
and the marine environment in the navigable waters within the safety
zone before, during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a safety zone from 6:30 a.m. on August 19,
2022, through 10 a.m. on August 22, 2022. The safety zone will be
enforced from 6:30 a.m. to 10 a.m. on August 19, 2022, or, if necessary
due to inclement weather on August 19, 2022, from 6:30 a.m. to 10 a.m.
on August 22, 2022. The safety zone will cover all navigable waters of
the Seneca Creek encompassed by a line connecting the following points:
beginning at the shoreline 1,250 feet west of the power plant at
position latitude 39[deg]19'25.52'' N, longitude 076[deg]22'11.47'' W,
thence south to latitude 39[deg]19'17.57'' N, longitude
076[deg]22'10.50'' W, thence south to latitude 39[deg]19'12.19'' N,
longitude 076[deg]22'08.17'' W, thence east to latitude
39[deg]19'10.98'' N, longitude 076[deg]21'55.43'' W, thence east to
latitude 39[deg]19'13.15'' N, longitude 076[deg]21'41.16'' W, thence
north to latitude 39[deg]19'22.16'' N, longitude 076[deg]21'39.37'' W,
thence north to latitude 39[deg]19'32.23'' N, longitude
076[deg]21'39.24'' W, thence northwest to latitude 39[deg]19'35.89'' N,
longitude 076[deg]21'42.62'' W, and southwest to and terminating at the
beginning point. The size of the zone and duration of the rule are
intended to protect personnel, vessels, and the marine environment in
these navigable waters before, during, and after the scheduled facility
implosion. No vessel or person will be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative. 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.
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,
location, duration, time-of-day and day-of-week of the safety zone. We
anticipate that there will be no vessels that are unable to conduct
business. This waterway is used primarily by recreational boaters. This
safety zone will impact a small designated area of Seneca Creek for 3.5
total enforcement hours during morning hours when vessel traffic is
normally low. 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 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
[[Page 50937]]
significant effect on the human environment. This rule involves a
safety zone that will be enforced for 3.5 total enforcement hours that
will prohibit entry within a portion of the Anacostia River. It is
categorically excluded from further review under paragraph L60(a) 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.T05-0690 to read as follows:
Sec. 165.T05-0690 Safety Zone; Seneca Creek, Baltimore County, MD.
(a) Location. The following area is a safety zone: All navigable
waters of Seneca Creek encompassed by a line connecting the following
points: beginning at the shoreline 1,250 feet west of the power plant
at position latitude 39[deg]19'25.52'' N, longitude 076[deg]22'11.47''
W, thence south to latitude 39[deg]19'17.57'' N, longitude
076[deg]22'10.50'' W, thence south to latitude 39[deg]19'12.19'' N,
longitude 076[deg]22'08.17'' W, thence east to latitude
39[deg]19'10.98'' N, longitude 076[deg]21'55.43'' W, thence east to
latitude 39[deg]19'13.15'' N, longitude 076[deg]21'41.16'' W, thence
north to latitude 39[deg]19'22.16'' N, longitude 076[deg]21'39.37'' W,
thence north to latitude 39[deg]19'32.23'' N, longitude
076[deg]21'39.24'' W, thence northwest to latitude 39[deg]19'35.89'' N,
longitude 076[deg]21'42.62'' W, and southwest to and terminating at the
beginning point, located in Baltimore County, MD. These coordinates are
based on datum WGS 1984.
(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 who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the safety
zone described in paragraph (a) of this section.
(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). The Coast Guard vessels enforcing this
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz).
(3) 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 6:30
a.m. to 10 a.m. on August 19, 2022, or, if necessary due to inclement
weather on August 19, 2022, from 6:30 a.m. to 10 a.m. on August 22,
2022.
Dated: August 15, 2022.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2022-17869 Filed 8-18-22; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 19, 2022.
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.