Proposed Rule2024-05339
Safety Zone; Inner Harbor, Baltimore MD
Primary source
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Published
March 13, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing a temporary safety zone for certain waters of the Inner Harbor of Baltimore, MD, where Maryland Fleet Week and Flyover Baltimore 2024 will take place from June 12 to 18, 2024. The safety zone would protect personnel, vessels, and the marine environment from potential hazards during multi-agency helicopter rescue demonstration. It would be enforced thirty minutes prior to a demonstration and lifted at its conclusion. 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 89 Issue 50 (Wednesday, March 13, 2024)</title>
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[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Proposed Rules]
[Pages 18366-18368]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05339]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 /
Proposed Rules
[[Page 18366]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0191]
RIN 1625-AA00
Safety Zone; Inner Harbor, Baltimore MD
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing a temporary safety zone for
certain waters of the Inner Harbor of Baltimore, MD, where Maryland
Fleet Week and Flyover Baltimore 2024 will take place from June 12 to
18, 2024. The safety zone would protect personnel, vessels, and the
marine environment from potential hazards during multi-agency
helicopter rescue demonstration. It would be enforced thirty minutes
prior to a demonstration and lifted at its conclusion. 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: Comments must be received by the Coast Guard on or before April
7, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0191 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Charles Bullock, Sector
Maryland-National Capital Region Waterways Management Division, U.S.
Coast Guard; telephone 410-576-2674, email <a href="/cdn-cgi/l/email-protection#95d6fdf4e7f9f0e6bbf1bbf7e0f9f9faf6fed5e0e6f6f2bbf8fcf9"><span class="__cf_email__" data-cfemail="85c6ede4f7e9e0f6abe1abe7f0e9e9eae6eec5f0f6e6e2abe8ece9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Sector Maryland-National Capital Region
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Coast Guard is proposing to establish a safety zone from 8 a.m.
on June 12, 2024, through 6 p.m. on June 18, 2024. The zone would be
intended to protect personnel, vessels, and the marine environment in
these navigable waters before, during, and after the air and rescue
swimmer demonstrations. No vessel or person would be permitted to enter
the safety zone without obtaining permission from the COTP or a
designated representative. We invite your comments on this proposed
rulemaking.
III. Discussion of Proposed Rule
The zone would be enforced beginning thirty minutes prior to a
demonstration and ending at the conclusion of that demonstration. It
would 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 dimensions of the safety zone are approximately
2,000 yards in length and 500 yards in width.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM 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 be enforced 30
minutes prior to a demonstration and will be lifted at the conclusion
of each demonstration. We anticipate that there will be no vessels that
are unable to conduct business. Commercial fishing vessels and towing
vessels do not operate in the Inner Harbor and would not be impacted by
this rulemaking. Although excursion vessels and water taxis do operate
there, 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 2024 and the involvement of these vessel managers
in the event planning process. 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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator. We have
[[Page 18367]]
deconflicted ferry boat schedules and other commercial vessels during
the planning process for these events.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves an
intermittent safety zone lasting 30 minutes at a time, that would
prohibit entry the above-mentioned safety zone. Normally such actions
are categorically excluded from further review under paragraph L60(a)
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev.
01. A preliminary 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. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from promulgation of this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0191 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
That option will notify you when comments are posted, or a final rule
is published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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:
[[Page 18368]]
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
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).
(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 as needed
from June 12, 2024, to June 18, 2024.
Dated: March 8, 2024.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2024-05339 Filed 3-12-24; 8:45 am]
BILLING CODE 9110-04-P
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