[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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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