
[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Rules and Regulations]
[Pages 12595-12598]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04010]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0986]
RIN 1625-AA00


Safety Zone for Ice Conditions; Baltimore Captain of the Port 
Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in all 
navigable waters of the Captain of the Port Baltimore Zone. The 
temporary safety zone restricts vessels from transiting the zone during 
the effective period, unless authorized by the Captain of the Port 
Baltimore or his designated representative. This safety zone is 
necessary to protect mariners from the hazards associated with ice in 
the navigable waterways.

DATES: This rule has been enforced with actual notice from January 26, 
2013, until February 25, 2013. This rule is effective in the Federal 
Register on February 25, 2013 until April 15, 2013, unless cancelled 
earlier by the Captain of the Port.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2012-0986. To view documents mentioned in this preamble as 
being available in the docket, go to http://www.regulations.gov, type 
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on 
``Open Docket Folder'' on the line associated with this rulemaking. You 
may also visit the Docket Management Facility in Room W12-140 on the 
ground floor of the Department of Transportation West Building, 1200 
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may submit comments, identified by docket number, using any one 
of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald L. Houck, Sector Baltimore Waterways 
Management Division, U.S. Coast Guard; telephone 410-576-2674, email 
Ronald.L.Houck@uscg.mil. If you have questions on viewing or submitting 
material to the docket, call Barbara Hairston, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a

[[Page 12596]]

telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on ``Submit a Comment'' on the line associated with this 
rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on Open Docket Folder on the line associated with this 
rulemaking. You may also visit the Docket Management Facility in Room 
W12-140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The Coast Guard is issuing this temporary interim 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. Publishing an NPRM would be contrary to the safety 
zone's intended objectives since immediate action is necessary to 
protect persons and vessels against the hazards associated with ice on 
navigable waters. Such hazards include vessels becoming beset or 
dragged off course, sinking or grounding, and creating hazards to 
navigation.
    For similar reasons, 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. Due to the need for 
immediate action, the restriction of vessel traffic is necessary to 
protect life, property and the environment. Therefore, a 30-day notice 
is impracticable. Delaying the effective date would be contrary to the 
safety zone's intended objectives of protecting persons and vessels 
from becoming beset or dragged off course, sinking or grounding, and 
creating hazards to navigation.

C. Basis and Purpose

    During an average or severe winter, frozen waterways present 
numerous hazards to vessels. Ice in a waterway may hamper a vessel's 
ability to maneuver, and could cause visual aids to navigation to be 
submerged, destroyed or moved off station. Ice abrasions and ice 
pressure could also compromise a vessel's watertight integrity, and 
non-steel hulled vessels would be exposed to a greater risk of hull 
breach.
    When ice conditions develop to a point where vessel operations 
become unsafe, it becomes necessary to impose operating restrictions to 
ensure the safe navigation of vessels. A safety zone is a tool 
available to the Captain of the Port (COTP) to restrict and manage 
vessel movement when hazardous conditions exist. The COTP Baltimore is 
establishing a safety zone within all navigable waters of the COTP 
Baltimore Zone. This safety zone will restrict certain vessels meeting 
certain conditions specified from entering the navigable waters 
included within the COTP Baltimore Zone. Those vessels prohibited from 
entering the safety zone will be specified via broadcast notice to 
mariners and marine safety information bulletins.
    Ice generally begins to form in the Upper Chesapeake Bay and its 
tributaries, including the C & D Canal, in late December or early 
January. During an average or severe winter, ice in navigable waters 
can become a serious problem, requiring the use of federal, state and 
private ice breaking resources. The Commander, Coast Guard Sector 
Baltimore will use his COTP authority to promote vessel safety in ice-
congested waters and the continuation of waterborne commerce throughout 
the cold weather months.
    Ice fields in the Upper Chesapeake Bay and its tributaries move 
with prevailing winds and currents. Heavy ice buildups can occur in the 
C & D Canal, from Town Point Wharf to Reedy Point. Other areas that are 
commonly affected by high volumes of ice are: the Elk River, 
Susquehanna River, Patapsco River, Nanticoke River, Wicomico River, 
Tangier Sound, Pocomoke River and Sound, and the Potomac River. Once 
ice buildup begins it can affect the transit of large ocean-going 
vessels. This regulation is intended to mitigate the threat ice in the 
COTP Baltimore Zone poses to the maritime public.

D. Discussion of the Interim Rule

    A safety zone is being established encompassing the COTP Baltimore 
Zone, as described in 33 CFR 3.25-15. The COTP Baltimore anticipates 
only having to enforce certain parts of the regulated area at certain 
times. The purpose of this regulation is to promote maritime safety and 
to protect mariners transiting the area from the potential hazards due 
to ice conditions that become a threat to navigation. The COTP 
Baltimore will notify the maritime community, via marine broadcasts, of 
the location and thickness of the ice as well as the ability of vessels 
to transit through the safety zone depending on the prevailing ice 
conditions. Prevailing ice conditions will be categorized as Condition 
One, Condition Two, or Condition Three.
    Ice Condition One is an emergency condition in which ice has 
largely covered the regulated area. Under these conditions, convoys may 
be required and restrictions based on shaft horsepower and a vessel's 
planned transit may be imposed by the COTP on certain vessels seeking 
to enter the safety zone.
    Ice Condition Two is an alert condition in which at least 2 inches 
of ice begins to form in the regulated area. The COTP Baltimore may 
impose

[[Page 12597]]

restrictions, including but not limited to, those based on shaft 
horsepower and hull type restrictions for certain vessels seeking to 
enter the safety zone.
    Ice Condition Three is a readiness condition in which weather 
conditions are favorable for the formation of ice in the regulated 
area. Daily reports for the Coast Guard Stations and commercial vessels 
are monitored, and no limitations for vessels seeking to enter the zone 
based on vessel traffic, hull type or shaft horsepower are anticipated.
    This rule has been enforced with actual notice since January 26, 
2013 and it will be enforced until April 15, 2013, unless sooner 
terminated by the COTP Baltimore.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. Although this regulation 
could hinder or prevent traffic from transiting the COTP Baltimore 
Zone, the effect of this regulation will not be significant because 
there is little vessel traffic associated with recreational boating and 
commercial fishing during the effective period.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during 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. 
This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to 
operate, transit or anchor in the regulated area, from January 26, 2013 
until April 15, 2013. This safety zone will not have a significant 
economic impact on a substantial number of small entities due to a lack 
of seasonal vessel traffic associated with recreational boating and 
commercial fishing during the effective period. Although the safety 
zone will apply to the entire COTP Baltimore Zone, the Captain of the 
Port Baltimore anticipates only having to enforce certain parts of the 
regulated area at certain times. Traffic will be allowed to pass 
through the zone with the permission of the COTP Baltimore. Also, the 
COTP Baltimore will notify the maritime community, via marine 
broadcasts, of the location and thickness of the ice, as well as the 
ability of vessels to transit through the safety zone.

3. Assistance for Small Entities

    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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations

[[Page 12598]]

That Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 establishing a temporary safety zone. 
This rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

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:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T05-0986 to read as follows:


Sec.  165.T05-0986  Safety Zone for Ice Conditions; Baltimore Captain 
of the Port Zone.

    (a) Regulated Area. The following area is a safety zone: The 
navigable waters of the Captain of the Port Baltimore Zone, as 
described in 33 CFR 3.25-15.
    (b) Regulations. The general safety zone regulations found in 33 
CFR 165.23 apply to the safety zone created by this temporary section, 
Sec.  165.T05.0986.
    (1) All vessels and persons are prohibited from entering into or 
moving within the safety zone unless they meet the requirements set 
forth by the Captain of the Port (COTP) Baltimore for the prevailing 
ice conditions. Requirements for entry during periods when the safety 
zone is enforced will be described via Marine Safety Radio Broadcast on 
VHF-FM marine band radio, channel 22A (157.1 MHZ). Requirements may 
include, but are not limited to, the use of convoys, restrictions on 
shaft horsepower, and hull type restrictions, dependent on the 
prevailing ice conditions and vessel type.
    (2) Persons desiring to transit in the safety zone not meeting the 
requirements established by the COTP Baltimore must contact the COTP 
Baltimore or his designated representative at telephone number 410-576-
2693 or on VHF-FM channel 16 (156.8 MHZ) to seek permission prior to 
transiting the area. If permission is granted, all persons and vessels 
shall comply with the instructions of the COTP Baltimore or his 
designated representative.
    (3) The Coast Guard vessels enforcing this safety zone can be 
contacted on VHF-FM marine band radio channel 16 (156.8 MHZ). Upon 
being hailed by a U.S. Coast Guard vessel, or other Federal, State, or 
local agency vessel operating under the authority of the COTP 
Baltimore, by siren, radio, flashing light, or other means, the 
operator of a vessel shall proceed as directed. The COTP Baltimore and 
his designated representatives can be contacted at telephone number 
410-576-2693.
    (4) The COTP Baltimore or his designated representative will notify 
the public of any changes in the status of this safety zone by Marine 
Safety Radio Broadcast on VHF-FM marine band radio channel 22A (157.1 
MHZ).
    (d) Definitions. As used in this section:
    Captain of the Port Baltimore means the Commander, U.S. Coast Guard 
Sector Baltimore, Maryland.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Baltimore to assist in enforcing the safety zone described in 
paragraph (a) of this section.
    (e) Enforcement. The U.S. Coast Guard may be assisted by Federal, 
State and local agencies in the patrol and enforcement of the zone.
    (f) Enforcement period. This section will be enforced from January 
26, 2013 until April 15, 2013.

    Dated: January 26, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-04010 Filed 2-22-13; 8:45 am]
BILLING CODE 9110-04-P


