Rule2022-18032
Safety Zone; Inner Harbor, 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
August 22, 2022
Effective
September 9, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain waters of the Inner Harbor. The safety zone is needed to protect personnel, vessels, and the marine environment on these navigable waters in Baltimore, MD, September 9, 2022-September 11, 2022, from potential hazards during multi-agency helicopter safety demonstrations in support of the Maryland Fleet Week and Flyover Baltimore 2022. 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
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<title>Federal Register, Volume 87 Issue 161 (Monday, August 22, 2022)</title>
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[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Rules and Regulations]
[Pages 51257-51259]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18032]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0712]
RIN 1625-AA00
Safety Zone; Inner Harbor, Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Inner Harbor. The safety zone is needed to
protect personnel, vessels, and the marine environment on these
navigable waters in Baltimore, MD, September 9, 2022-September 11,
2022, from potential hazards during multi-agency helicopter safety
demonstrations in support of the Maryland Fleet Week and Flyover
Baltimore 2022. 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 1 p.m. on September 9, 2022, through
4 p.m. on September 11, 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-
2022-0712 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#88dae7e6e9e4eca6c4a6c0e7fdebe3c8fdfbebefa6e5e1e4"><span class="__cf_email__" data-cfemail="82d0edece3eee6acceaccaedf7e1e9c2f7f1e1e5acefebee">[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
September 9, 2022, to respond to potential safety hazards associated
with the event. Potential safety hazards include low-hanging ropes and
cables, and helicopter rotor downwash and noise. Event planners did not
notify the Coast Guard with details of the event until August 11, 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 helicopter safety demonstrations.
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 helicopter safety demonstrations on September 9,
2022, September 10, 2022, and September 11, 2022, will be a safety
concern for anyone near the demonstration site. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone before, during, and after the scheduled
events.
IV. Discussion of the Rule
This rule establishes a safety zone from 1 p.m. on September 9,
2022, through 4 p.m. on September 11, 2022. This safety zone will be
enforced from 1 p.m. to 4 p.m. on September 9, 2022, from 1 p.m. to 4
p.m. on September 10, 2022, and from 1 p.m. to 4 p.m. on September 11,
2022. The safety zone will cover all navigable waters of the Inner
Harbor, encompassed by a line connecting the following points:
beginning at Inner Harbor Pier 6 at position latitude 39[deg]16'59'' N,
longitude 076[deg]36'12'' W, thence south to the Harborview Towers pier
at latitude 39[deg]16'41'' N, longitude 076[deg]36'12'' W, thence
northerly and easterly along the shoreline to and terminating at the
point of origin located in Baltimore, MD. The area of the safety zone
is approximately 2,000 yards in length and 500 yards in width. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters before, during, and after
the demonstrations. 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 location and
duration of the safety zone. This safety zone will impact the Inner
Harbor for 9 total enforcement hours. We anticipate that there will be
no vessels that are unable to conduct business. Commercial fishing
vessels and towing vessels are not impacted by this rulemaking.
Excursion vessels and water taxis do operate in this area, however, the
impact to these waterway users is minimized because of the extensive
outreach that has been conducted for the Maryland Fleet Week and
Flyover Baltimore 2022 and the involvement of the water taxis in the
event planning process. Moreover, the Coast Guard will issue a
Broadcast
[[Page 51258]]
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
significant effect on the human environment. This rule involves a
safety zone lasting only 9 total enforcement hours that will prohibit
entry within the Inner Harbor. 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.T05-0712 to read as follows:
Sec. 165.T05-0712 Safety Zone; Inner Harbor, Baltimore, MD.
(a) Location. The following area is a safety zone: All navigable
waters of the Inner Harbor, encompassed by a line connecting the
following points: beginning at Inner Harbor Pier 6 at position latitude
39[deg]16'59'' N, longitude 076[deg]36'12'' W, thence south to the
Harborview Towers pier at latitude 39[deg]16'41'' N, longitude
076[deg]36'12'' W, thence northerly and easterly along the shoreline to
and terminating at the point of origin, located in Baltimore, MD. These
coordinates are based on datum NAD 1983.
(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).
[[Page 51259]]
(3) Vessels already at berth or moored at the time the safety zone
is implemented do not have to depart the zone or request permission to
remain moored.
(4) 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 1 p.m.
to 4 p.m. on September 9, 2022, from 1 p.m. to 4 p.m. on September 10,
2022, and from 1 p.m. to 4 p.m. on September 11, 2022.
Dated: August 17, 2022.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2022-18032 Filed 8-19-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 22, 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.