[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Rules and Regulations]
[Pages 64203-64204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25272]
[[Page 64203]]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
Restricted Area, Curtis Creek and Arundel Cove, United States
Coast Guard Yard, Baltimore, Maryland
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.
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SUMMARY: The U.S. Army Corps of Engineers (Corps) is amending its
regulations to establish a restricted area in the waters of Curtis
Creek and Arundel Cove extending offshore from the United States Coast
Guard Yard, Baltimore, located in Baltimore, Maryland. The restricted
area is necessary to address the current security and safety needs at
U.S. Coast Guard Yard (CG Yard), Baltimore, Maryland, including the
protection of Coast Guard-wide military assets as the CG Yard is the
Coast Guard's only shipyard and largest industrial facility; performing
major ship, electronics and heavy weapons overhaul, repair and
manufacture. The CG Yard is also the host command for various Coast
Guard commands supporting local and nationwide Coast Guard missions.
DATES: Effective date: December 23, 2019.
ADDRESSES: Headquarters, U.S. Army Corps of Engineers, Operations and
Regulatory Division, 441 G Street NW, Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Division, Washington, DC at 202-761-4922 or
by email at [email protected].
SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of
the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and
Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33
U.S.C. 3), the Corps is amending its regulations to establish a
restricted area in the waters of Curtis Creek and Arundel Cove
extending offshore from the United States Coast Guard Yard, Baltimore,
located in Baltimore, Maryland. The restricted area is necessary to
address the current security and safety needs at U.S. Coast Guard Yard
(CG Yard), Baltimore, Maryland, including the protection of Coast
Guard-wide military assets as the CG Yard is the Coast Guard's only
shipyard and largest industrial facility; performing major ship,
electronics and heavy weapons overhaul, repair and manufacture. The CG
Yard is also the host command for various Coast Guard commands
supporting local and nationwide Coast Guard missions.
The proposed rule was published in the November 16, 2017, edition
of the Federal Register (82 FR 53438) and the docket number was COE-
2017-0003. In November 2016, the Corps' Baltimore District issued a
public notice on its web page soliciting comments on the proposal. The
District received one comment from an adjacent property owner
concerning the proposed location of the restricted area in relation to
his parcel. The CG Yard was contacted by the District and it was
determined that incorrect coordinates in the vicinity of the commenters
parcel had been initially provided. Corrected coordinates were
subsequently provided to the District by the CG Yard. In response, the
District notified the commenter and the coordinates were amended in the
rule text. In addition, the CG Yard initially proposed channel markers
within Curtis Creek to demarcate the restricted area. During the
establishment process, the CG Yard amended the request and proposed
signage that would be placed along the shoreline.
In the November 16, 2017, proposal, the Corps made a preliminary
determination that the proposed rule does not require the preparation
of an Environmental Impact Statement, and that an environmental
assessment would be prepared for the final rule. The regulations
governing the National Environmental Policy Act (NEPA) do not require
draft environmental assessments to be available for public comment.
Federal agencies are only required to solicit public comments to inform
decision-making. Given the administrative nature of the proposed rule
and the substance of the comments received, we have determined that an
environmental assessment is the appropriate mechanism for complying
with NEPA requirements. Public input on the proposed action was
solicited using Federal Register noticing and local public noticing.
Public comments received in response to the notices were documented and
fully considered during final agency decision making.
Administrative Requirements
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. Executive Order 13771
directs agencies to control regulatory costs through a budgeting
process. 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), and
pursuant to OMB guidance it is exempt from the requirements of
Executive Order 13771.
The Corps has determined this rule is not a significant regulatory
action. This regulatory action determination is based on the size,
duration, and location of the restricted area. The restricted area
occupies only a portion of the waterway and a vessel that needs to
transit the restricted area may do so if the operator of the vessel
obtains permission from the Commanding Officer, U.S. Coast Guard Yard
or his/her designated representative. In accordance with 33 CFR
334.3(b), the authority to prescribe danger zone and restricted area
regulations must be exercised so as not to unreasonably interfere with
or restrict the food fishing industry. The final rule states that
fishing, crabbing, trawling, net-fishing, and other aquatic activities
may also be conducted with prior approval from the Commanding Officer,
U.S. Coast Guard Yard or his/her designated representative. Entities
that want to conduct other activities in or near the restricted area
may need to obtain other approvals from the applicable federal, state,
or local government authority.
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 Corps certifies under 5 U.S.C. 605(b) that this rule would not
have a significant economic impact on a substantial number of small
entities. While some owners or operators of vessels that intend to
transit the restricted area may be small entities, for the reasons
stated in paragraph (a) above this rule would not have a significant
economic impact on any vessel owner or operator. In addition, the
restricted area is necessary to address the current security needs at
CG Yard, Baltimore, Maryland, including the protection of Coast Guard-
wide military assets. Small entities can utilize navigable waters
outside of the restricted area. Small entities may also transit the
restricted area as long as they obtain permission from the Commanding
Officer, CG Yard
[[Page 64204]]
or his/her designated representative. The Corps determined that the
restricted area would have practically no economic impact on the
public, would not result in an anticipated navigational hazard, and
would not cause interference with existing waterway traffic. After
considering the economic impacts of this restricted area regulation on
small entities, I certify that this action will not have a significant
impact on a substantial number of small entities.
c. Review Under the National Environmental Policy Act. An
environmental assessment (EA) has been prepared. We concluded that the
establishment of a restricted area at United States Coast Guard Yard,
Baltimore, will not have a significant impact to the quality of the
human environment and, therefore, preparation of an environmental
impact statement is not required. The final EA and Finding of No
Significant Impact may be reviewed at the Baltimore District Office.
Please contact Mr. Steve Elinsky at the phone number specified above
for further information.
d. Unfunded Mandates Reform Act. This rule does not impose an
enforceable duty among the private sector and, therefore, is not a
Federal private sector mandate and is not subject to the requirements
of Section 202 or 205 of the Unfunded Mandates Reform Act (Pub. L. 104-
4, 109 Stat. 48, 2 U.S.C. 1501 et seq.). We have also found, under
Section 203 of the Act, that small governments will not be
significantly or uniquely affected by this rule.
e. Congressional Review Act. The Congressional Review Act, 5 U.S.C.
801 et seq., generally provides that before a rule may take effect, the
agency promulgating the rule must submit a rule report, which includes
a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. We will submit a report
containing the final rule and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States. A major rule cannot take effect until 60 days
after it is published in the Federal Register. This final rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 33 CFR Part 334
Danger zones, Navigation (water), Transportation, Waterways.
For the reasons stated in the preamble, the Corps is amending 33
CFR part 334 to read as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
0
1. The authority citation for 33 CFR part 334 continues to read as
follows:
Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33
U.S.C. 3).
0
2. Add Sec. 334.145 to read as follows:
Sec. 334.145 Curtis Creek and Arundel Cove, U.S. Coast Guard Yard,
Baltimore; restricted area.
(a) The area. All of the navigable waters of Curtis Creek extending
approximately 120 meters from the high-water mark of the United States
Coast Guard facility, bounded by these coordinates (including the
Arundel Cove): Commencing from the shoreline at latitude
39[deg]12'05.8'' N, longitude 076[deg]34'28.4'' W; thence to latitude
39[deg]12'04.8'' N, longitude 076'34'32'' W; thence to latitude
39[deg]11'59'' N, longitude 076[deg]34'28'' W; thence to latitude
39[deg]11'44.8'' N, longitude 076[deg]34'25'' W; thence to latitude
39[deg]11'44.5'' N, longitude 076[deg]34'07'' W; and thence along the
shoreline to the point of origin. The datum for these coordinates is
NAD-83.
(b) The regulations. (1) The restricted area as described in
paragraph (a) of this section is only open to government vessels.
Government vessels include, but are not limited to, U.S. Coast Guard,
U.S. Coast Guard Auxiliary, Department of Defense, National Oceanic and
Atmospheric Administration, state and local law enforcement, emergency
services and vessels under contract with the U.S. Government. Vessels
transiting the restricted area shall proceed across the area by the
most direct route and without unnecessary delay. Fishing, crabbing,
trawling, net-fishing and other aquatic activities are prohibited
without prior approval from the Commanding Officer, U.S. Coast Guard
Yard or his/her designated representative. The Coast Guard will install
warning signs along the shoreline notifying individuals of the
restricted area and prohibiting all unauthorized entry into the area
along the property boundary.
(2) All persons, vessels and other craft are prohibited from
entering, transiting, drifting, dredging or anchoring within the
restricted area as described in paragraph (a) of this section without
prior approval from the Commanding Officer, U.S. Coast Guard Yard or
his/her designated representative.
(3) The restrictions described in paragraph (b)(1) of this section
are in effect 24 hours a day, seven days a week.
(c) Enforcement. The regulations in this section shall be enforced
by the Commanding Officer, U.S. Coast Guard Yard or such persons or
agencies he/she may designate.
Dated: November 14, 2019.
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2019-25272 Filed 11-20-19; 8:45 am]
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